Morgan Stanley settles email lawsuit
NEW YORK – US investment bank Morgan Stanley has settled a lawsuit with the Securities and Exchange Commission (SEC) in which the regulator alleged that the firm failed to produce "tens of thousands of emails" during the SEC's investigation into initial public offerings and research analysts from December 11, 2000 through July 2005.
The SEC said Morgan Stanley "did not diligently search for back-up tapes containing responsive emails until 2005. Morgan Stanley also failed to produce responsive emails because it over-wrote back-up tapes." The complaint also alleges that the firm "made numerous misstatements regarding the status and completeness of its productions; the unavailability of certain documents; and its efforts to preserve requested email." The regulator charged Morgan Stanley with violating the provisions of the federal securities laws requiring it, as a regulated broker-dealer, to produce its records and documents in a timely fashion to the regulator.
The investment bank settled the suit without admitting or denying the allegations. It has also consented to a permanent injunction and payment of a $15 million civil penalty, $5 million of which will be paid to NASD and the New York Stock Exchange in separate related proceedings. The firm has also agreed to adopt and implement policies, procedures and training focused on the preservation and production of email communications.
Antonia Chion, associate director of the SEC's division of enforcement, said "Morgan Stanley's repeated production failures and misstatements prejudiced two major investigations. This settlement will require Morgan Stanley to put into place reforms to prevent similar misconduct from recurring."
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Lifeline keeps Europe’s hopes afloat for single-sided reporting
Despite Esma’s proposal for delegated reporting of trades, the industry may yet get its wish
EU’s plan to get competitive faces big legislative hurdles
Large and controversial legislative package may be too amorphous to deliver results quickly
FDIC relearns SVB lessons in resolution tinkering
Paring back requirements gets thumbs up from some, but concerns linger
Stablecoin consortia may be ‘interim’ step to solo bank issuance
Former Citi payments head and Ubyx founder says all G-Sibs will issue their own coins
Report once: will Esma’s €1bn reforms deliver the full picture?
Critics say plan to merge three reporting regimes will see scant returns, and won’t mesh with single-sided reporting
CFTC accused of ‘double standards’ on compute futures
Duffy questions ‘long review’ of CME’s contract when Kalshi already offers similar product
Europe’s banks can’t agree on how to fix the output floor
Some want market risk excluded, while others push for greater savings from credit modelling
SEC gunning to take over Cat in 2027
Regulator's bid for control of market surveillance apparatus splits industry participants