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Morgan Stanley E*Trade RICO Class Action

Last verified October 2, 2026Source: courtlistener-litigationHow ClaimWatch verifies cases

Still being litigated: the claims below are allegations, not findings, and there is no settlement, claim form or payout yet.

Where this case stands

In litigation

The case has been filed and is being fought in court. There is no settlement, no claim form and no payout yet; many class actions are dismissed or never certified.

Pending in the District Court, S.D. New York (No. 1:24-cv-08860).

  1. November 20, 2024
    Case filed

What happened

A putative class action against Morgan Stanley and affiliated E*Trade entities. The second amended complaint brings claims under the Racketeer Influenced and Corrupt Organizations Act, but the provided docket text does not describe the specific alleged conduct. The case is at an early stage, and no settlement or finding of wrongdoing is indicated.

Do you qualify?

No settlement exists yet, so there is nothing to file and no class definition to check. If the case settles, the settlement will define exactly who qualifies — watch this case and we'll let you know.

How to file

There is no claim to file yet. If this case reaches a settlement, a claim process will open — usually with an official settlement website and a filing deadline.

Common questions

Can I file a claim in the Morgan Stanley E*Trade RICO Class Action case?
No. The case is still being litigated — there is no settlement, no claim form, and no payout. It was filed November 20, 2024 in the District Court, S.D. New York (No. 1:24-cv-08860).What a class action lawsuit is →
Who are the attorneys in the Morgan Stanley E*Trade RICO Class Action?
For the plaintiffs: Salvatore Jo Graziano (Bernstein Litowitz Berger & Grossmann LLP); Stephen R. Astley (Robbins Geller Rudman & Dowd LLP (FL)); Scott Dion (Robbins Geller Rudman & Dowd LLP); Rene Alan Gonzalez (Robbins Geller Rudman & Dowd LLP). For Morgan Stanley; ETrade Securities LLC; Morgan Stanley Smith Barney LLC: Jonathan K Chang (Davis Polk & Wardwell LLP); Deborah S. Mazer (Davis Polk & Wardwell LLP (NYC)); Danielle Mullery (Goodwin Procter); Brian Stryker Weinstein (Davis Polk & Wardwell LLP). From the public court docket.

Who's involved

Plaintiffs

  • Thomas Simmons(Intervenor Plaintiff)
  • James Bertonis(Consolidated Plaintiff)
  • Neal Gagner(Consolidated Plaintiff)
  • Mark E. McKinney

Defendants

  • E*Trade Securities LLC
  • Morgan Stanley Smith Barney LLC
  • Morgan Stanley

Counsel for plaintiffs

Counsel for defendants

Other cases these firms appear in

From the public court docket, contact details as filed; not an endorsement.

Guides:What is a class action lawsuit?How class membership worksYour options as a class member

Summarised from public settlement documents; confirm terms on the official settlement website. ClaimWatch is not a law firm, and filing a claim is free.

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