Shareholders and Former Senior Executives of Morgan Stanley Issue Third Letter to the Board of Directors
11 Abril 2005 - 1:42PM
PR Newswire (US)
Shareholders and Former Senior Executives of Morgan Stanley Issue
Third Letter to the Board of Directors NEW YORK, April 11
/PRNewswire/ -- Today a group of shareholders and former members of
senior management of Morgan Stanley sent a third letter to the
Board of Directors. "April 11, 2005 Open Letter to the Board of
Directors of Morgan Stanley: Last week, in an open letter to Morgan
Stanley's employees, in which he discussed recent criticisms of his
performance and calls for his replacement, your CEO, Phillip
Purcell wrote: "I would not have chosen this debate to be so
publicly aired." We agree and demonstrated as much when we wrote to
you in advance of the Company's annual meeting in March, to express
our concerns and to request a private meeting with you to discuss
them. You have stated that you believe there is no "fair and
compelling case" to replace Mr. Purcell, yet you have not spoken to
us and have so far declined our repeated requests to meet with you.
You have chosen instead to react to our concerns and those of
others by announcing a radical restructuring that has cost the firm
some of its most talented professionals and further entrenched and
insulated Mr. Purcell. Additionally, in an abrupt and poorly
explained about-face in corporate strategy, you have decided to
spin-off Discover. In his carefully crafted press statements in
London last week, Mr. Purcell declared victory and announced that
the debate about his performance and leadership was "over." This is
not a game of winning and losing. There are already too many losers
among Morgan Stanley's employees, shareholders and clients. This is
about corporate governance, executive leadership and creating value
for shareholders. Before you pledge your continued and
unconditional support of Mr. Purcell and before you expend any more
corporate resources to do so, we think the Board should answer the
following questions: 1. Given that Mr. Purcell has stated that he
does not believe "it is in the custom of Morgan Stanley . . . to
risk a course of action that would damage our franchise," did the
Board approve the decision to relieve Messrs. Newhouse, Pandit and
Havens of their responsibilities - thereby causing their
departures? Does the Board believe that the departures of these
senior executives, highly respected by shareholders, employees and
clients, benefit the franchise and enhance shareholder value? 2.
Did you believe that you fulfilled your obligations in approving a
management restructuring, even though a key management committee
member was never interviewed by directors, and most of those in
institutional securities were only briefly interviewed by
telephone? 3. How many more talented employees must leave before
the Board understands that the value of the Morgan Stanley
franchise is deteriorating while the Firm is facing a crisis of
confidence in the Chairman and CEO? 4. Since the receipt of our
March 3 letter, has the Board or any Board Committee approved the
payment of "retention" or "stay-on" payments to key employees? 5.
In light of the fact that the By-Laws require a 75% vote of the
directors to remove the current Chairman and CEO, did you feel it
was appropriate to appoint three directors to the Board, one in
December of 2004 and two in April of 2005, without a shareholder
vote? 6. In the wake of two successive shareholder votes demanding
the elimination of the staggered Board, and the Board's own
recommendation to de-stagger the Board, why didn't you follow the
example of other firms and immediately eliminate the staggered
Board? Indeed, why did the Board appoint two of the new directors
to multi-year terms, including a director appointed after
shareholders approved the de- staggering of the Board? 7. Shouldn't
you have disclosed to shareholders before the annual meeting that
the Division of Enforcement of the SEC had sent the Company a
"Wells notice" in January, 2005 recommending that the SEC pursue an
enforcement action relating to the Company's retention of e-mails
and the potential violation of a previous Cease and Desist Order?
8. What investigation has the Board conducted in the wake of the
Florida Court's finding in the Sunbeam/Perelman litigation that
"contrary to federal law" the Company failed to preserve e-mails,
and willfully disobeyed the Court's order? 9. Is it true (as has
been reported in the April 8, 2005 edition of the Wall Street
Journal) that the Sunbeam/Perelman litigation, for which $360
million has now been reserved, could have been settled for
approximately $20 million in 2003, and was the Board aware of this?
10. Has an independent committee of the Board reviewed the quality
of the Company's relationships with its primary regulators,
including the SEC, NYSE, NASD and key state regulatory bodies, and
do you believe that the quality of the Company's relationships with
its key regulators has deteriorated over the past several years? If
so, who should be held accountable for the deterioration? 11. What
happened over the weekend of April 2-3, 2005 to cause the Board to
depart from the publicly-stated strategy (reaffirmed to
institutional shareholders on April 1) that Discover was an
integral part of the Company's asset base? 12. How does the Board
reconcile the inability of the CFO to answer basic questions on the
April 4, 2005 analyst call about the structure of a spun-off
Discover with Mr. Purcell's claim that the spin-off had been under
review for months? 13. Did the Board meet with clients, major
institutional shareholders and key employee groups, including key
employees who have recently left the Company to elicit their views
on the performance of the Company, the leadership of its Chairman
and CEO, and the wisdom of the recently announced restructuring and
spin-off of Discover? 14. Since Mr. Purcell declared "I would not
have chosen this debate to be so publicly aired," did he recommend
that the Board meet with us, and how did the Board determine that
our concerns were groundless without even speaking with us? In
recent days, we have heard these and other questions from many of
Morgan Stanley's constituents and believe it is critical for
members of the Board to address them directly. Moreover, we believe
that if the Board engages these constituents and answers these
questions, it will conclude that there are "fair and compelling"
reasons for Morgan Stanley to remove and replace its current
Chairman and CEO. We remain willing to meet privately with the
independent directors to discuss our concerns and to learn the
response to our inquiries. If shareholders, clients, employees and
others agree with us, are interested in learning the Board's
response to our questions or have questions of their own, we urge
them to contact the Board at: Morgan Stanley, Suite D, 1585
Broadway, New York, NY, 10036. Alternatively, constituents can also
send questions and comments to our website,
http://www.futureofms.com/. Respectfully, /s/ Anson M. Beard, Jr.
/s/ Lewis W. Bernard /s/ Richard A. Debs /s/ Joseph G. Fogg /s/ S.
Parker Gilbert /s/ Robert G. Scott /s/ Frederick B. Whittemore /s/
John H. T. Wilson" DATASOURCE: Shareholders and Former Senior
Executives of Morgan Stanley CONTACT: Andrew Merrill, Edelman,
+1-212-704-4559, , for Shareholders and Former Senior Executives of
Morgan Stanley
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