A National Association of Securities Dealers (NASD) arbitration panel ordered Morgan Stanley (MWD) to pay investor Joacy Silva $452,034 for alleged breach of fiduciary duty and allegedly failing to supervise one of its employees. In a press release Thursday, a law firm representing Silva said the self-regulating brokers’ guild charged Morgan Stanley for the amount of Silva’s money lost by Rick Schoen, an employee in Morgan Stanley’s Beverly Hills, Calif. office, plus attorney’s fees.
The law firm said Schoen made trades without contacting Silva while she was out of the country for 29 months. The firm also said Morgan Stanley concentrated her portfolio in “unsuitable” and “speculative” technology and telecommunications stocks on margin.
The finding represents a finding of 100% responsibility on the part of Morgan Stanley.
Neither Morgan Stanley nor the NASD were immediately available for comment.
The Financial Industry Regulatory Authority (FINRA) is a self-regulatory organization that oversees U.S. broker-dealers to protect investors and ensure market integrity. Established in 2007, FINRA was formed by merging the National Association of Securities Dealers (NASD) and the regulation, enforcement, and arbitration functions of the New York Stock Exchange (NYSE). Its primary responsibilities include writing and enforcing rules governing the activities of its member firms, conducting regular examinations to ensure compliance, and providing a dispute resolution forum for investors and broker-dealers.
FINRA also focuses on investor education, offering resources to help individuals make informed investment decisions and recognize potential fraud. One of its key tools is BrokerCheck, a public database providing detailed information about brokers and brokerage firms, including professional backgrounds and disciplinary histories. By maintaining stringent regulatory standards and emphasizing investor protection, FINRA plays a crucial role in fostering trust and stability in the U.S. securities markets.
What Is NASD or FINRA Arbitration?
FINRA arbitration is a dispute resolution process used to settle conflicts between investors, brokerage firms, and financial advisors outside of traditional court litigation. The process is administered by the Financial Industry Regulatory Authority (FINRA), the self-regulatory organization responsible for overseeing broker-dealers and maintaining fairness in the U.S. securities industry. Because most brokerage agreements require customers to resolve disputes through arbitration rather than the court system, FINRA arbitration has become the primary method for resolving investor disputes in the United States.
At its core, FINRA arbitration is designed to be faster and less formal than a lawsuit. When an investor believes they have suffered financial losses due to misconduct—such as unsuitable investment recommendations, misrepresentation, excessive trading, or failure to supervise—they can file a claim with FINRA’s dispute resolution forum. Brokerage firms and registered representatives who are members of FINRA are generally required to participate in this process if a customer initiates arbitration.
The NASD-FINRA Process
The arbitration process begins when a claimant files a Statement of Claim with FINRA. This document outlines the facts of the dispute, the alleged misconduct, and the damages being requested. After the claim is filed, the respondent—typically the brokerage firm or broker—submits an Answer responding to the allegations. FINRA then appoints a panel of one or three arbitrators depending on the size of the claim. Arbitrators are neutral decision-makers selected from FINRA’s roster and may include individuals with industry experience as well as public arbitrators who have no ties to the securities industry.
Once the arbitration panel is selected, the case proceeds through several stages similar to litigation, including document exchange and pre-hearing conferences. However, arbitration is typically more streamlined than court proceedings. There are fewer procedural hurdles, discovery is more limited, and the process is generally designed to move more quickly than traditional litigation. Eventually, the case proceeds to an evidentiary hearing where both sides present testimony, documents, and arguments to the arbitrators.
At the conclusion of the hearing, the arbitration panel issues a written decision known as an award. This award determines whether the claimant is entitled to damages and, if so, how much compensation should be paid. Arbitration awards are generally final and binding, meaning they cannot easily be appealed. Courts may only overturn an arbitration award under very limited circumstances, such as evidence of fraud or arbitrator misconduct.
The Role of FINRA Arbitration in Dispute Resolution
FINRA arbitration plays a crucial role in the securities industry because it provides investors with a forum to pursue recovery for investment losses caused by broker misconduct. At the same time, brokerage firms benefit from a dispute resolution process that is often faster and less expensive than court litigation. While critics argue that mandatory arbitration clauses limit investors’ ability to pursue claims in court, supporters maintain that arbitration provides an efficient and accessible system for resolving financial disputes.
Ultimately, FINRA arbitration serves as the central mechanism for resolving conflicts between investors and the brokerage industry. By offering a structured yet streamlined process overseen by FINRA, arbitration aims to provide fair outcomes while maintaining confidence in the U.S. financial markets. Contact the investment fraud lawyers at Bakhtiari & Harrison.