Kevin Birkner: $1.4mm Complaint Against Morgan Stanley Advisor

A recent investor complaint against Shrewsbury, New Jersey financial advisor Kevin Birkner (CRD# 5831301) alleges that his advice resulted in damages exceeding $1 million. Financial Industry Regulatory Authority records show that he is registered as a broker and an investment advisor with Morgan Stanley.

Mr. Birkner’s BrokerCheck report discloses two investor complaints. Filed in April 2026, it alleges that as a representative of Morgan Stanley, he misrepresented options investments. The pending complaint alleges damages of $1,439,541.

Investors should be aware that the “misrepresentation” of material facts regarding investments is forbidden by FINRA rules and other securities industry standards. Perhaps the most relevant rule is FINRA Rule 2020, which stipulates that no broker shall “effect any transaction in, or induce the purchase or sale of, any security by means of any manipulative, deceptive or other fraudulent device or contrivance.” Brokers who provide investors with misleading information may be held liable for damages in the event of losses.

An earlier investor complaint, filed in 2017, alleged that as a representative of UBS Financial Services, he made risky transactions. The complaint alleged unspecified damages and was closed with no action taken.

In a statement included with the disclosure, Mr. Birkner wrote that he denied the allegations and was wrongfully accused. “This was a discretionary account where no approval from the client was required in order to execute the strategy,” he added. “In addition, I work on an advisement team for which I manage relationships but I do not execute the trades. From the opening of this account in June 2016 the account rose in value till July of 2017 at which time I ceased to be associated with the account. Also of note, the client made several withdrawals during the stated time frame which accounted for a reduction in value of the account. Although the client did miss a stock dividend due to the nature of the investment strategy, that missed dividend was more than compensated for in the overall gain of the portfolio.”

Kevin Birkner holds 15 years of securities industry experience. Based in Shrewsbury, New Jersey, he has been registered as a broker and an investment advisor with Morgan Stanley since 2020. His past registrations include UBS Financial Services, Woodstock Financial Group, Rockwell Global Capital, First Midwest Securities, and John Thomas Financial. His credentials include the passage of six securities industry qualifying exams: the Securities Industry Essentials Examination, or SIE; the Uniform Investment Adviser Law Examination, or Series 65; the Uniform Securities Agent State Law Examination, or Series 63; the General Securities Representative Examination, or Series 7; the General Securities Sales Supervisor – General Module Examination, or Series 10; and the General Securities Principal Examination, or Series 24. He holds 53 state licenses. (Information current as of May 4, 2026.)

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