Arbitrator Due Diligence

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View these summaries of just-released Awards, hot off the press, as well as some selected Awards of interest.

UPDATE: ARBchek UA 2025-15 SELECTED AWARDS OF INTEREST

1. Craig v. Fidelity Brokerage FINRA ID #24-02070 (Birmingham, AL, 2025-06-04) – A majority public Panel grants Respondent broker-dealer's Pre-Hearing Motion to Dismiss pursuant to FINRA Rule 12212 (Discovery Sanctions) with prejudice as a sanction for the customer's intentional failure to comply with discovery requests or the Panel's Order regarding the production of discovery.

2. Chang v. Fidelity Brokerage FINRA ID #25-00157 (San Francisco, CA, 2025-06-04) – Although the customer was a victim of a scam, an Arbitrator explains why he has decided to deny his claim for damages finding that he is not entitled to any relief from Respondent broker-dealer under its Customer Protection Guarantee as said customer unfortunately gave access to his account information to the unauthorized user.

3. Quint Capital v. Heinowitz FINRA ID #24-00717 (New York, NY, 2025-06-04) – A broker loses his Counterclaim, is assessed monetary sanctions in the form of attorney fees pursuant to FINRA Rule 13504(a)(10) in connection with his frivolous Motion to Dismiss, and is held liable to Claimant broker-dealer for the amounts due and owing under a promissory note agreement.

4. Ameriprise Financial v. Daugherty FINRA ID #23-03492 (Cleveland, OH, 2025-06-03) – In this raiding case, a FINRA member firm alleging that Respondent broker breached the Protocol for Broker Recruiting and his contractual obligations by engaging in a scheme to obtain highly sensitive account information, along with social security numbers from its clients for his own personal benefit is awarded compensatory damages.

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