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Morgan Stanley to see no SEC penalty on cash sweeps, but still faces investigation from a securities regulator in a state

May 8, 2025 //  by Finnovate

Morgan Stanley will see no penalty from the Securities and Exchange Commission over the bank’s cash sweep program. The SEC told the bank March 11 that it had “concluded” its nearly yearlong investigation of the program “and did not intend to recommend an enforcement action,” according to the filing. In a cash sweep, idle cash is automatically moved to an interest-bearing account or money market fund unless the account holder opts out. Several institutions’ cash sweep programs caught the SEC’s attention last year. The regulator aimed to ascertain whether banks or brokers steered clients toward sweep accounts that paid little or no interest, and whether the companies’ financial advisers had a fiduciary duty to tell clients they could make higher returns by moving their cash into other accounts. Morgan Stanley announced in August that the SEC was reviewing the program. Days earlier, the bank raised rates to around 2% – from as little as 0.01% – on cash sweeps in advisory accounts. Morgan Stanley isn’t completely off the hook. The bank still faces a cash-sweep investigation from a securities regulator in a state it did not identify, according to the filing. Morgan Stanley and other financial firms also have been named as defendants in several class-action lawsuits – notably in New Jersey and New York – that claim the lender or its E*Trade subsidiary failed to pay a reasonable interest rate on cash sweeps, the filing indicated.

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