Morgan Stanley Hit With Whistleblower Lawsuit
June Strunk says her complaints about alleged misconduct by some of her former colleagues at Morgan Stanley Smith Barney not only fell on deaf ears, but led to her harassment.
April 11, 2018 at 05:52 PM
3 minute read
A former Morgan Stanley financial adviser has filed a lawsuit against the company claiming she was ostracized and treated differently after reporting financial improprieties.
In her whistleblower lawsuit, filed Friday in New London Superior Court, 62-year-old June Strunk claims upper management at Morgan Stanley's Mystic branch ignored complaints about alleged investment improprieties, and punished her for reporting them. Strunk, who was with the company for 18 years, was constructively discharged in May 2017.
Part of Strunk's job involved reporting conduct she believed violated U.S. securities laws.
Strunk's lawsuit claims her whistleblower complaints were handled under the previous leadership of Catherine Galgano, then-complex manager for the Mystic branch. That changed when David Swartz assumed Galgano's role in 2016.
The lawsuit gives numerous examples of Strunk flagging alleged irregularities to Galgano and then Swartz.
One example was when Strunk complained to Galgano about David Volpe, a vice president and financial adviser, and financial adviser Robert Tassone over concerns she had about a transaction involving an elderly client. According to the lawsuit, Strunk says she noticed questionable behavior by Volpe and Tassone related to the sale of the client's mutual funds.
“The funds were of low value, which resulted in clients paying maximum commission charges. … Mrs. Strunk believed that this practice violated federal securities laws because she believed that they violated fiduciary obligations,” the lawsuit claims.
Swartz, who supervises 13 Morgan Stanley branches and is based out of Wellesley, Massachusetts, met with Strunk in July 2016, soon after assuming his new role.
“Without any basis or specific examples, he informed her that financial advisors in the Mystic branch were complaining about her,” the lawsuit said. “Mrs. Strunk became concerned that Mr. Swartz would not be as receptive and diligent as Ms. Galgano had been to reporting of possible compliance, legal and ethical breaches.”
The lawsuit goes into great detail describing numerous examples of alleged misconduct that Swartz allegedly didn't address.
According to the lawsuit, “Mrs. Strunk found herself in the crosshairs of an escalating harassment campaign” against her. The lawsuit states Strunk was also shunned by colleagues.
In addition, Strunk, who had received bonuses under Galgano, was not awarded a bonus under Swartz, according to the lawsuit.
Robert Mitchell of Mitchell & Sheahan in Stratford, one of Strunk's attorneys, said she is seeking more than $1 million in compensatory and punitive damages. Strunk is also represented by Maria Garcia-Quintner.
There appears to have also been post-termination retaliation, Mitchell and the lawsuit claim. After leaving Morgan Stanley, Strunk joined Janney Montgomery Scott, also located in Mystic, as a financial adviser. Morgan Stanley, Janney and other financial firms have participated in the Protocol for Broker Recruiting, which allowed brokers to take clients with them from their previous jobs if they followed proper procedures under the protocol, according to the lawsuit.
About a year after Strunk left the company, Morgan Stanley withdrew from the protocol. Other financial institutions have also withdrawn from the protocol.
Mitchell said Wednesday “there is no direct evidence [Morgan Stanley] went after her, just circumstantial evidence based on the timing of when she reported what she reported and how they treated her.”
No one from Morgan Stanley's corporate communications division in New York City responded to a request for comment. In addition, neither Swartz, Volpe nor Tassone responded to a request for comment Tuesday.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllApple Disputes 'Efforts to Manufacture' Imaging Sensor Claims Against iPhone 15 Technology
New Partners at Cummings & Lockwood, Carmody Torrance Sandak & Hennessey
2 minute readTrending Stories
- 1SDNY US Attorney Damian Williams Lands at Paul Weiss
- 2Litigators of the Week: A Knockout Blow to Latest FCC Net Neutrality Rules After ‘Loper Bright’
- 3Litigator of the Week Runners-Up and Shout-Outs
- 4Norton Rose Sues South Africa Government Over Ethnicity Score System
- 5KMPG Wants to Provide Legal Services in the US. Now All Eyes Are on Their Big Four Peers
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250