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Morgan Stanley Allegedly Used Mutual Funds' Assets for Own Benefit

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Case ID: 2796 | Stocks | 05/26/2004

A class action has been filed against financial giant Morgan Stanley (NYSE: MWD) and certain of its subsidiaries by investors who purchased shares in any Morgan Stanley mutual fund between October 1, 1999, and December 31, 2002. The action claims that the defendants violated federal securities laws by engaging in an unlawful and deceitful course of conduct designed to improperly financially advantage themselves to the detriment of class members. The stockholders seek to recover compensatory damages for the loss of value of their stock.

Allegedly, the defendants, in clear contravention of their disclosure obligations and fiduciary responsibilities, failed to properly disclose that Morgan Stanley had been aggressively pushing its sales personnel to sell Morgan Stanley funds, instead of mutual funds owned and managed by other companies, by organizing internal contests offering various prizes to brokers who sold the most in proprietary funds. In addition, unbeknownst to investors, the advisors to the funds (Morgan Stanley Investment Advisors, Inc. and Morgan Stanley Advisors LP) allegedly paid excessive commissions, directly or indirectly, to Morgan Stanley DW Inc. (MSDW), the broker dealer, which came directly out of the funds' assets, as payments to MSDW for its steering clients towards Morgan Stanley's proprietary funds. The advisors profited from this scheme by earning increased management fees, while MSDW benefited from increased commissions and Morgan Stanley profited as the ultimate parent of MSDW and the advisors. The clear losers were the class members, whose assets were diverted to line the defendants' pockets without any benefit to the class whatsoever.

Mutual Funds Involved

Morgan Stanley 21st Century Trend Fund
Morgan Stanley Aggressive Equity Fund
Morgan Stanley All Star Growth Fund
Morgan Stanley American Opportunities Fund
Morgan Stanley Biotechnology Fund
Morgan Stanley Capital Opportunities Trust
Morgan Stanley Developing Growth Securities
Morgan Stanley Financial Services Trust
Morgan Stanley Growth Fund
Morgan Stanley Health Sciences Trust
Morgan Stanley Information Fund
Morgan Stanley KLD Social Index Fund
Morgan Stanley Market Leader Trust
Morgan Stanley Mid-Cap Value Fund
Morgan Stanley Nasdaq-100 Index Fund
Morgan Stanley Natural Resource Development Securities
Morgan Stanley New Discoveries Fund
Morgan Stanley Next Generation Trust
Morgan Stanley Small-Mid Special Value Fund
Morgan Stanley Special Growth Fund
Morgan Stanley Special Value Fund
Morgan Stanley Tax-Managed Growth Fund
Morgan Stanley Technology Fund
Morgan Stanley European Growth Fund
Morgan Stanley Fund of Funds - International Portfolio
Morgan Stanley Global Advantage Fund
Morgan Stanley Global Dividend Growth Securities
Morgan Stanley Global Utilities Fund
Morgan Stanley International Fund
Morgan Stanley International Smallcap Fund
Morgan Stanley International Value Equity Fund
Morgan Stanley Japan Fund
Morgan Stanley Latin American Growth Fund
Morgan Stanley Pacific Growth Fund
Morgan Stanley Allocator Fund
Morgan Stanley Balanced Growth Fund
Morgan Stanley Balanced Income Fund
Morgan Stanley Convertible Securities Trust
Morgan Stanley Dividend Growth Securities
Morgan Stanley Equity Fund
Morgan Stanley Fund of Funds - Domestic Portfolio
Morgan Stanley Fundamental Value Fund
Morgan Stanley Income Builder Fund
Morgan Stanley Real Estate Fund
Morgan Stanley S&P 500 Index Fund
Morgan Stanley Strategist Fund
Morgan Stanley Total Market Index Fund
Morgan Stanley Total Return Trust
Morgan Stanley Utilities Fund
Morgan Stanley Value Fund
Morgan Stanley Value-Added Market Series/Equity Portfolio
Morgan Stanley Active Assets California Tax-Free Trust
Morgan Stanley Active Assets Government Securities Trust
Morgan Stanley Active Assets Institutional Money Trust
Morgan Stanley Active Assets Money Trust
Morgan Stanley Active Assets Tax-Free Trust
Morgan Stanley Flexible Income Trust
Morgan Stanley Federal Securities Trust
Morgan Stanley High Yield Securities
Morgan Stanley Quality Income Trust
Morgan Stanley Limited Duration Fund
Morgan Stanley Limited Duration U.S. Treasury Trust
Morgan Stanley Liquid Asset Fund
Morgan Stanley Prime Income Trust
Morgan Stanley U.S. Government Money Market Trust
Morgan Stanley U.S. Government Securities Trust
Morgan Stanley California Tax-Free Daily Income Trust
Morgan Stanley California Tax-Free Income Fund
Morgan Stanley Hawaii Municipal Trust
Morgan Stanley Limited Term Municipal Trust
Morgan Stanley Multi-State Municipal Series Trust, Arizona Series
Morgan Stanley Multi-State Municipal Series Trust, Florida Series
Morgan Stanley Multi-State Municipal Series Trust, New Jersey Series
Morgan Stanley Multi-State Municipal Series Trust, Pennsylvania Series
Morgan Stanley New York Municipal Money Market Trust
Morgan Stanley New York Tax-Free Income Fund
Morgan Stanley Tax-Exempt Securities Trust
Morgan Stanley Tax-Free Daily Income Trust


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