Former Morgan Stanley broker barred for unauthorized borrowing from clients

Former Morgan Stanley broker barred for unauthorized borrowing from clients
The broker borrowed $300,000 total from two clients in violation of Finra rules and firm policy.
OCT 14, 2016

A former Morgan Stanley broker has been barred from association with any Finra-regulated broker-dealer following receipt of two unauthorized loans from clients worth several hundred thousand dollars, according to a Finra enforcement notice filed Sept. 30.

The broker, Jeffrey Hunter Smith, borrowed $300,000 from two clients — $150,000 from each — in December 2011 and August 2012, respectively, without first receiving prior written approval to enter into the loans from Morgan Stanley, according to a letter of acceptance, waiver and consent filed by the Financial Industry Regulatory Authority Inc.

Mr. Smith was registered with Morgan Stanley from 2009 to 2015, according to his Finra BrokerCheck report. He was most recently registered with Wells Fargo Advisors, until June of this year.

Morgan Stanley's written supervisory procedures prohibited brokers from entering into a borrowing arrangement with a firm client unless the client was an immediate family member, and the broker provided written notice of the arrangement prior to entering into the loan.

Neither client was a member of Mr. Smith's immediate family.

In addition to not disclosing the loans in subsequent annual sales questionnaires, Mr. Smith falsely attested he had not borrowed money from firm clients, according to the Finra document.

In violation of Finra rules, Mr. Smith, through his counsel, informed the broker-dealer watchdog that he would not be furnishing requested documents, such as personal bank account statements, as part of an investigation into his conduct.

Mr. Smith allegedly also failed to disclose a creditor compromise in a timely manner, according to Finra.

Mr. Smith's counsel, Henry Willett III of Christian & Barton, didn't immediately respond to a request for comment.

Latest News

Buy or sell Canada? Wealth managers watch carefully as Canadians head to the polls
Buy or sell Canada? Wealth managers watch carefully as Canadians head to the polls

Canadian stocks are on a roll in 2025 as the country prepares to name a new Prime Minister.

How are tech-boosted advisors spending their "time tax refund"?
How are tech-boosted advisors spending their "time tax refund"?

Two C-level leaders reveal the new time-saving tools they've implemented and what advisors are doing with their newly freed-up hours.

Indivisible Partners selects DPL to arm advisors for insurance business
Indivisible Partners selects DPL to arm advisors for insurance business

The RIA led by Merrill Lynch veteran John Thiel is helping its advisors take part in the growing trend toward fee-based annuities.

RIA M&A stays brisk in first quarter with record pace of dealmaking
RIA M&A stays brisk in first quarter with record pace of dealmaking

Driven by robust transaction activity amid market turbulence and increased focus on billion-dollar plus targets, Echelon Partners expects another all-time high in 2025.

New York Dems push for return of tax on stock sales
New York Dems push for return of tax on stock sales

The looming threat of federal funding cuts to state and local governments has lawmakers weighing a levy that was phased out in 1981.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.