Broker sanctioned for misusing injured kids' money
Broker sanctioned for misusing injured kids' money
Ex-Morgan Stanley Broker Barred Over Trades for Kids (Update1)
http://www.bloomberg.com/apps/news?pid= ... pvo6UT3xvI
By David Scheer
Nov. 12 (Bloomberg) -- New York Stock Exchange regulators sanctioned an ex-Morgan Stanley broker for making unauthorized trades in the accounts of injured children, helping to boost his income enough to make him a top performer at the firm.
NYSE Regulation barred Charles Winitch from working at a member firm for five years after investigators found he and a colleague made unsuitable trades in the accounts of children who received medical-malpractice settlements, the watchdog said in a statement today. The transactions generated $537,000 in commissions for the firm from 2004 to 2005, it said.
The kids' accounts ``appear to have been targeted because they were unlikely to notice the unsuitable trading,'' NYSE said. ``The customers suffered harm by paying unnecessary commissions and incurring the risk inherent'' with the trades.
The fees helped Winitch, who worked at the company's Morgan Stanley DW brokerage until 2005, qualify for the firm's Chairman's Club, open only to the top 175 brokers, the regulator said in its decision. Each member got a trip to a five-star resort, a jacket with the firm's crest and a plaque.
Winitch, who unsuccessfully appealed the ruling to the regulator's board of directors, didn't respond to a message left at a Scarsdale, New York, telephone number listed under his name. Jonathan Arfa, an attorney for Winitch, didn't return a call seeking comment.
Reimbursed Clients
``Morgan Stanley takes its supervisory responsibilities extremely seriously,'' spokeswoman Christine Pollak said in an e- mailed statement. ``Since these events took place three or more years ago, the firm has taken remedial measures, reimbursed affected clients where appropriate and put new branch management in place.''
The accounts, which pay for the children's care, were supposed to be invested conservatively in `A'-rated New York State municipal bonds and U.S. Treasuries, with low commissions and no management fees, according to a court order.
Winitch and his colleague, John Steigerwald, arranged a series of short-term trades that generated commissions while taking unsuitable risks, the NYSE panel said in its decision. Trading in one account, for instance, caused a $120 loss while generating $9,150 in commissions, the panel said. In another account, trading produced a $10,400 gain and $95,800 in fees.
Morgan Stanley paid $500,000 last year to settle NYSE claims it failed to ``diligently supervise'' the accounts. The firm didn't admit or deny wrongdoing. The NYSE regulator permanently barred Steigerwald last year after he didn't respond to its allegations.
To contact the reporter on this story: David Scheer in New York at dscheer@bloomberg.net.
Last Updated: November 12, 2008 14:22 EST
http://www.bloomberg.com/apps/news?pid= ... pvo6UT3xvI
By David Scheer
Nov. 12 (Bloomberg) -- New York Stock Exchange regulators sanctioned an ex-Morgan Stanley broker for making unauthorized trades in the accounts of injured children, helping to boost his income enough to make him a top performer at the firm.
NYSE Regulation barred Charles Winitch from working at a member firm for five years after investigators found he and a colleague made unsuitable trades in the accounts of children who received medical-malpractice settlements, the watchdog said in a statement today. The transactions generated $537,000 in commissions for the firm from 2004 to 2005, it said.
The kids' accounts ``appear to have been targeted because they were unlikely to notice the unsuitable trading,'' NYSE said. ``The customers suffered harm by paying unnecessary commissions and incurring the risk inherent'' with the trades.
The fees helped Winitch, who worked at the company's Morgan Stanley DW brokerage until 2005, qualify for the firm's Chairman's Club, open only to the top 175 brokers, the regulator said in its decision. Each member got a trip to a five-star resort, a jacket with the firm's crest and a plaque.
Winitch, who unsuccessfully appealed the ruling to the regulator's board of directors, didn't respond to a message left at a Scarsdale, New York, telephone number listed under his name. Jonathan Arfa, an attorney for Winitch, didn't return a call seeking comment.
Reimbursed Clients
``Morgan Stanley takes its supervisory responsibilities extremely seriously,'' spokeswoman Christine Pollak said in an e- mailed statement. ``Since these events took place three or more years ago, the firm has taken remedial measures, reimbursed affected clients where appropriate and put new branch management in place.''
The accounts, which pay for the children's care, were supposed to be invested conservatively in `A'-rated New York State municipal bonds and U.S. Treasuries, with low commissions and no management fees, according to a court order.
Winitch and his colleague, John Steigerwald, arranged a series of short-term trades that generated commissions while taking unsuitable risks, the NYSE panel said in its decision. Trading in one account, for instance, caused a $120 loss while generating $9,150 in commissions, the panel said. In another account, trading produced a $10,400 gain and $95,800 in fees.
Morgan Stanley paid $500,000 last year to settle NYSE claims it failed to ``diligently supervise'' the accounts. The firm didn't admit or deny wrongdoing. The NYSE regulator permanently barred Steigerwald last year after he didn't respond to its allegations.
To contact the reporter on this story: David Scheer in New York at dscheer@bloomberg.net.
Last Updated: November 12, 2008 14:22 EST
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Ken. Levine
- Posts: 83
- Joined: Thu Jan 18, 2007 10:12 pm
Re: Broker sanctioned for misusing injured kids' money
This is why I always recommend very protected structured settlements for my clients. With a structured settlement through an A rated vendor, the interest rate is set, usually with set increased over the life of the structure, and the families save money because the proceeds of the structure are not subject to tax. If anyone wants more information about structured settlements and why not to subject your money to brokers like this guy, post a note or contact me directly.
Kenneth Levine
Kenneth Levine & Associates
617-566-2700
Klevine@Klevinelaw.com
www.Klevinelaw.com
Kenneth Levine
Kenneth Levine & Associates
617-566-2700
Klevine@Klevinelaw.com
www.Klevinelaw.com
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F-Litz
- Posts: 970
- Joined: Fri May 26, 2006 6:53 pm
- Injury Description, Date, extent, surgical intervention etc: LOBPI, LTBPI at age 6.5, Sensory Issues, CP, Diaphragm Weakness, Aspberger's
- Location: Ambler, PA
Re: Broker sanctioned for misusing injured kids' money
Yes the structured settlements are all good until the insurance companies go belly up - doesn't matter what their rating is... even if you choose a highly rated company they can trade it off to another insurance company (just like mortages and student loans get sold and traded around so do structured settlements) and then you're stuck with whatever they decided and you don't have a choice in the matter.
There still some very trustworthy and good brokers out there. Not everyone is a snake like these guys. Just like there are good obgyns and good midwives and good people all around.
And anyway, attorneys get kickbacks for referrals to structured settlements.
There still some very trustworthy and good brokers out there. Not everyone is a snake like these guys. Just like there are good obgyns and good midwives and good people all around.
And anyway, attorneys get kickbacks for referrals to structured settlements.
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Ken. Levine
- Posts: 83
- Joined: Thu Jan 18, 2007 10:12 pm
Re: Broker sanctioned for misusing injured kids' money
I could not disagree with you more about the structured settlement. First, it is important to select the structure carefully so that you do not have issues with the solvency of the payor. I have never had a client lose any money in a structured settlement because the structured settlement person I use is very careful. Also there are huge tax advantages to a structured settlement that over time can mean the difference of thousands of dollars. Finally, in all of my years of practice having resolved millions of dollars worth of cases I never received a kickback or a referral for a suggesting that my clients use a structured settlement. I cannot say it does not happen, but I don't do it nor do I know any reputable lawyers that do.
Ken Levine
Klevine@Klevinelaw.com
617-566-2700
www.Klevinelaw.com
Ken Levine
Klevine@Klevinelaw.com
617-566-2700
www.Klevinelaw.com
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F-Litz
- Posts: 970
- Joined: Fri May 26, 2006 6:53 pm
- Injury Description, Date, extent, surgical intervention etc: LOBPI, LTBPI at age 6.5, Sensory Issues, CP, Diaphragm Weakness, Aspberger's
- Location: Ambler, PA
Re: Broker sanctioned for misusing injured kids' money
FACT: I chose a top rated insurance company for our structure and it was sold to a different structure that I originally chose against AND I had absolutely no say in the matter and couldn't stop the process.
FACT: There is money to be had for all involved in the selling a particular structure - how you get it and what they call it might differ but there are hidden commissions. You refer to a structure middle man - he gets commission and you get it from him. Has nothing to do with being "reputable" - it just is what it is.
It's no different then when an attorney refers someone to another attorney - the referring attorney gets a percentage of the case. Nobody refers for free and actually the referral business is very lucrative.
Please don't assume we're so naive in here. And if you want to argue this any further, let's keep this message board a comfort zone for parents in need of support and take it privately with me. My email, as you know, is francine@litzfamily.com.
FACT: There is money to be had for all involved in the selling a particular structure - how you get it and what they call it might differ but there are hidden commissions. You refer to a structure middle man - he gets commission and you get it from him. Has nothing to do with being "reputable" - it just is what it is.
It's no different then when an attorney refers someone to another attorney - the referring attorney gets a percentage of the case. Nobody refers for free and actually the referral business is very lucrative.
Please don't assume we're so naive in here. And if you want to argue this any further, let's keep this message board a comfort zone for parents in need of support and take it privately with me. My email, as you know, is francine@litzfamily.com.
