Sept 6 (Reuters) - Massachusetts securities regulators
have fined Morgan Stanley ( MS ) $2 million for failing to
properly monitor trades by a First Republic Bank insider before
the bank failed, according to a spokesperson for the regulator
and a consent order disclosed on Friday.
Morgan Stanley ( MS ) held the account for a former insider at
First Republic, and failed to affirm with the customer that the
individual was not trading based on material nonpublic
information at the time, the spokesperson said. The settlement
was first reported by the Wall Street Journal.
The consent order said Morgan Stanley ( MS ) proposed a settlement
on Sept. 3 without admitting or denying wrongdoing. A
spokesperson for the bank said the firm was pleased to have
resolved the matter.
The Secretary of the Commonwealth of Massachusetts's
resolution with the bank does not name the insider, but the Wall
Street Journal named the individual as James Herbert II, the
then-executive chairman of First Republic.
Massachusetts regulators did not name Herbert as a
respondent in the matter, the spokesperson said. He could not be
reached immediately for comment.
Galvin in March 2023 said his office had opened a probe into
stock sales by First Republic insiders, subpoenaing the company
for information about the bank's insider trading policies and
how officers handled their stocks sales that year.
The First Republic stock sales were handled by a Morgan
Stanley ( MS ) managing director based in California, according to the
consent order released by the regulator.
In early 2023, a series of U.S. bank failures roiled the
global banking sector. Sales by executives amid the turmoil
prompted scrutiny from regulators.
In addition to the fine, Morgan Stanley ( MS ) will have to review
its policies to include measures that increase the level of
scrutiny of sales by officers in public companies.