The Eric Kleiner FINRA Bar: Why the Advisor Was Permanently Removed
Important Points Regarding the Regulatory Findings:
- Violation of Rule 8210: FINRA found that Kleiner refused to produce information and documents necessary for its investigation.
- Violation of Rule 2010: By failing to cooperate, he failed to observe high standards of commercial honor.
- Permanent Sanction: Kleiner consented to a permanent bar from associating with any FINRA member firm in any capacity.
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Understanding the “Selling Away” Allegations at Morgan Stanley
Alleged Misconduct Included:
- Recommendation of Restricted Investments: Allegedly advising clients to invest in products that were not approved by the firm.
- Failure to Disclose Conflicts: Allegedly failing to disclose his own personal investments in the products he recommended to customers.
- Data Security Violations: Allegedly using a personal device to engage in the unauthorized disclosure of confidential and internal firm information.
Wave of Customer Disputes Totals Hundreds of Thousands in Claims
Timeline of Major Investor Claims:
- May 8, 2025: A claimant alleged that Kleiner recommended an unauthorized outside investment between September 2020 and March 2025, seeking $400,000.00 in damages.
- July 2, 2025: An investor alleged that Kleiner recommended an unauthorized outside investment from May 2018 to March 2025.
- October 27, 2025: A claim was filed alleging that Kleiner recommended unsuitable and unauthorized outside securities between 2018 and 2025.
- April 2025: Three separate disputes were filed involving allegations of unauthorized investment strategies or unsuitable account management.
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Broker Obligations and Supervision Failures
- Broker Obligations: Under Regulation Best Interest (Reg BI) , brokers must act in their clients’ best interests and have a “reasonable basis” to believe an investment strategy is appropriate for the client.
- Duty to Supervise: Brokerage firms like Morgan Stanley have a legal obligation to supervise their advisors and monitor for signs of “selling away” or unauthorized communication.
- Path to Recovery: Investors who suffered losses due to unauthorized or unsuitable investments often pursue recovery through arbitration . This process is generally faster and more streamlined than traditional court litigation.
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How Meyer Wilson Werning Helps Impacted Investors
Frequently Asked Questions
What does the FINRA bar against Eric Kleiner mean for his former clients?
What is “selling away” and how does it affect my investments?
Can I recover money if my investment was “unauthorized” by Morgan Stanley?
Why did FINRA bar Kleiner for refusing to provide documents?
Recovering Losses Caused by Investment Misconduct.