UPDATE : ARBchek

This Report is a product of Securities Arbitration Commentator, Inc.

New Award Briefs

Report Dated: 2020-10-20

UA 2020-23

Primary Sort

Secondary Sort

Dispute Information

Damages*

TypeDisp

SmallClms

Allegation I

Churning

Short Caption

Engbarth v. Joseph Gunnar

Allegation II

Suitability

Forum

FINRA

Allegation III

ExcessiveFees

Docket No

20-00234

Products

*

Issue Date

2020-09-10

Situs

Phoenix

State

AZ

Clmd Compensatory

25.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A customer alleging churning and unsuitable investments among other things, loses his claims against Respondent broker-dealer and broker. Respondent broker is granted expungement of this matter from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

People & Entities

Arbitrators

Kenneth L. Mann

Broker-Dealers Named

Joseph Gunnar & Company LLC

Professionals

  • Cs: Pro se.
  • Rs: (JG&CLLC & DSH) John E. Lawlor, Attorney-at-Law, Mineola, NY. OSC.

TypeDisp

MemberEmployee

Allegation I

LoanDefault

Short Caption

UBS Financial v. Brinkman

Allegation II

BreachContract

Forum

FINRA

Allegation III

Docket No

08-03708

Products

PromissoryNote

Issue Date

2020-09-09

Situs

San Francisco

State

CA

Clmd Compensatory

53.2

Total Amt Awarded

115.6

Compensatory Awarded

53.2

Punitive Damage Awarded

Attorney Fees Awarded

31.1

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A broker is held liable to Claimant broker-dealer for the amounts due and owing on a promissory note agreement and an employee forgivable loan.

Notes

Arbitrator Remarks.

Arbitrators

Carlos Richard Mangum - Chair; James R. Dickson; Linda P. Drucker, Esq.

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (UBSFSInc) Devin A. Donohue, Cozen O'Connor, Los Angeles, CA. OSC.
  • Rs: (DAB) Daren R. Brinkman, Brinkman Portfolio PC, Westlake Village, CA.

TypeDisp

EmployeeMember

Allegation I

Compensatn

Short Caption

Hotvet v. First Wilshire

Allegation II

BreachContract

Forum

FINRA

Allegation III

DeclaratoryJudgment

Docket No

18-03385

Products

NP

Issue Date

2020-09-02

Situs

Los Angeles

State

CA

Clmd Compensatory

555.1

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

0.0

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A broker alleging failure to pay minimum wages and breach of contract of two compensation agreements loses her claims against Respondent broker-dealer.

Notes

None.

Arbitrators

Thomas R. Watkins - Chair; Joseph H. Cooper; George H. Casey

Broker-Dealers Named

First Wilshire Securities Incorporated

Professionals

  • Cs: (JBH) Michael A. Strauss, Strauss & Strauss, Ventura, CA.
  • Rs: (FWSInc) Michael C. Lieb & Andrew J. Peterson, Ervin Cohen & Jessup, Beverly Hills, CA. OSC.

TypeDisp

MemberEmployee

Allegation I

LoanDefault

Short Caption

Wells Fargo v. Ervin

Allegation II

BreachContract

Forum

FINRA

Allegation III

Docket No

19-00904

Products

PromissoryNote

Issue Date

2020-08-31

Situs

San Francisco

State

CA

Clmd Compensatory

22.5

Total Amt Awarded

Equity

Compensatory Awarded

Equity

Punitive Damage Awarded

Attorney Fees Awarded

Equity

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

Claimant broker-dealer and Respondent broker enter into a Settlement Agreement regarding the amounts due and owing on a promissory note agreement.

Notes

This is a Stipulated Award. Arbitrator Remarks.

Arbitrators

Jonathan H. Krotinger, Esq.

Broker-Dealers Named

Wells Fargo Clearing Services LLC

Professionals

  • Cs: (WFCSLLC) Robert B. Ericson, Albert & Will, Torrance, CA. OSC.
  • Rs: (MAE) Brennan H. Moss, Pia Anderson et al., Salt Lake City, UT.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Binkele v. Raymond James

Allegation II

Forum

FINRA

Allegation III

Docket No

19-03649

Products

Equity; Margin

Issue Date

2020-09-04

Situs

Los Angeles

State

CA

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A registered representative wins expungement of one NASD arbitration case and two customer complaints from his CRD record.

Notes

Please Note* This case was administered under the Special Proceeding option for simplified cases. Arbitrator Remarks -- Expungement granted.

Arbitrators

Barbara M. Zak, Esq.

Broker-Dealers Named

Raymond James Financial Services Incorporated; JP Turner & Company LLC

Professionals

  • Cs: (RJB) Tosh D. Grebenik, FA Expungement LLC, Denver, CO.
  • Rs: (RJFSInc) Robert M. Rudnicki, St. Petersburg, FL. ISC.
  • Rs: (JPT&CLLC) Jeremy Carr, Cetera Financial Group, El Segundo, CA. ISC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Taylor v. Charles Schwab

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-00063

Products

NP

Issue Date

2020-09-03

Situs

Los Angeles

State

CA

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

An Arbitrator grants Claimant broker's request for reformation of his Form U5 record.

Notes

Please Note* This case was administered under the Special Proceeding option for simplified cases. Arbitrator Remarks -- Reformation U-5 granted. Panel composition issue.

Arbitrators

Yvonne Brathwaite Burke

Broker-Dealers Named

Charles Schwab & Company Incorporated

Professionals

  • Cs: (GJT) Tosh Grebenik & Zachary Hayes-Macaluso, FA Expungement LLC, Denver, CO.
  • Rs: (CS&CInc) Diana Tabacopoulos & Angela Evans, Seyfarth Shaw LLP, Los Angeles, CA. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Haslam v. New England Securities

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00434

Products

Annuities

Issue Date

2020-09-11

Situs

Los Angeles

State

CA

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

Claimant broker is awarded expungement of a customer complaint from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Morris S. Getzels, Esq.

Broker-Dealers Named

New England Securities

Professionals

  • Cs: (ROH) Frances Menzer, HLBS Law, Westminster, CO.
  • Rs: (NESecs) No-show.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Bhushan v. Burch & Company

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00798

Products

DirectInvesmts; RealEstate

Issue Date

2020-09-10

Situs

San Diego

State

CA

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

An Arbitrator grants a registered representative's request for expungement of a FINRA arbitration case from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Kevin K. Forrester, Esq.

Broker-Dealers Named

Burch & Company Incorporated

Professionals

  • Cs: (SB) Frances Menzer, HLBS Law, Westminster, CO.
  • Rs: (B&CInc) Anthony J. Durone, Berkowitz Oliver LLP, Kansas City, MO. OSC.

TypeDisp

SmallClms

Allegation I

FailToObey

Short Caption

Kuong v. E*Trade Securities

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01224

Products

NP

Issue Date

2020-09-11

Situs

San Francisco

State

CA

Clmd Compensatory

10.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

In this small claims arbitration, a customer alleging failure to fulfill his order to close positions held in his account loses his case against Respondent broker-dealer.

Notes

None.

Arbitrators

Herb Schwartz

Broker-Dealers Named

E*Trade Securities LLC

Professionals

  • Cs: Pro se.
  • Rs: (ETSLLC) Meredith Hoffman, New York, NY. ISC.

TypeDisp

CustomerMember

Allegation I

Suitability

Short Caption

Levee v. Mesirow Financial

Allegation II

BreachFiducDty

Forum

FINRA

Allegation III

Supervision

Docket No

20-01289

Products

*

Issue Date

2020-09-09

Situs

Los Angeles

State

CA

Clmd Compensatory

100.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

0.0

Attorney Fees Awarded

0.0

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A customer and a customer Trust alleging unsuitability voluntarily withdraw their claims with prejudice against Respondent broker-dealer and Respondent broker. Respondent broker is granted expungement of this matter from her CRD record.

Notes

Majority Public Panel. Arbitrator Remarks -- Expungement granted.

Arbitrators

Joseph C. Watson, Esq. - Chair; Elliott David Finkel, Esq.; Sean Anthony Richardson

Broker-Dealers Named

Mesirow Financial Incorporated

Professionals

  • Cs: Philip L. Vujanov, ChapmanAlbin LLC, Cleveland, OH.
  • Rs: (MFInc & JER) Howard J. Rosenburg, Kopecky Schumacher Rosenburg LLC, Chicago, IL. OSC.

TypeDisp

SmallClms

Allegation I

Misreprestn

Short Caption

Dolan v. Engler

Allegation II

UnauthTdg

Forum

FINRA

Allegation III

Suitability

Docket No

20-01309

Products

Equity

Issue Date

2020-09-09

Situs

San Diego

State

CA

Clmd Compensatory

50.0

Total Amt Awarded

72.0

Compensatory Awarded

50.0

Punitive Damage Awarded

Attorney Fees Awarded

22.0

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

In this small claims arbitration, a non-appearing Respondent broker is held liable to two customer trustees for compensatory damages, interest and attorney fees after the Arbitrator found that said broker committed common law fraud.

Notes

Please Note* This matter proceeded pursuant to Rule 12800 of the Code. Rule 12801 Default Judgment. Arbitrator Remarks.

Arbitrators

Janice L. Sperow, Esq.

Broker-Dealers Named

None.

Professionals

  • Cs: Hilton Wiener, Law Office of H. Wiener, New York, NY.
  • Rs: (JE) No-show.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Onder v. Edward Jones

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00073

Products

NP

Issue Date

2020-09-08

Situs

Washington

State

DC

Clmd Compensatory

0.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

An Arbitrator explains why she has denied Claimant broker's request for expungement of a customer complaint from his CRD record.

Notes

Please Note* This case was administered under the Special Proceeding option for simplified cases. Arbitrator Remarks.

Arbitrators

Tina E. Patterson

Broker-Dealers Named

Edward Jones

Professionals

  • Cs: (NJO) Tosh D. Grebenik, FA Expungement LLC, Denver, CO.
  • Rs: (EDJ&CLP) Darren K. Goodman, Tempe, AZ. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Wagner v. H. Beck

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00117

Products

NP

Issue Date

2020-08-28

Situs

Washington

State

DC

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

Claimant broker wins expungement of a customer complaint from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Mary E. Woytek, Esq.

Broker-Dealers Named

H. Beck Incorporated

Professionals

  • Cs: (PAW) Michael O'Gara & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (HBInc) Richard D'Amura & Ben Nabors, D'Amura & Zaidman, Austin, TX. OSC.

TypeDisp

MemberEmployee

Allegation I

Supervision

Short Caption

Auto Aftermarket v. Schaible

Allegation II

Negligence

Forum

FINRA

Allegation III

BreachContract

Docket No

18-02834

Products

NP

Issue Date

2020-09-09

Situs

Tampa

State

FL

Clmd Compensatory

63.8

Total Amt Awarded

49.3

Compensatory Awarded

49.3

Punitive Damage Awarded

Attorney Fees Awarded

0.0

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

Respondent broker is held liable to Claimant broker-dealer for damages relating to an alleged breach of the terms of an Independent Contractor Agreement.

Notes

Arbitrator Remarks.

Arbitrators

David M. Snyder, Esq. - Chair; Christopher William Crowley; Racquel Smith

Broker-Dealers Named

Auto Aftermarket Securities LLC

Professionals

  • Cs: (AASLLC) Eric D. Martin & Steven J. Alagna, Bryan Cave et al., St. Louis, MO. OSC.
  • Rs: (JS) None.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Carrillo v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

19-03716

Products

ForeignCurrencies

Issue Date

2020-09-01

Situs

Boca Raton

State

FL

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

Claimant broker is granted expungement of a customer complaint from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Elena G. Rodriguez

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (MBC) Joelle A. Simms, Bressler Amery & Ross, Fort Lauderdale, FL.
  • Rs: (UBSFSInc) Stuart Rebish, Weehawken, NJ. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Castano v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

19-03718

Products

Equity; MutualFunds; ForeignCurrencies

Issue Date

2020-09-03

Situs

Boca Raton

State

FL

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

An Arbitrator explains in detail why he has granted Claimant broker's request for expungement of a customer complaint from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted. Explained Award.

Arbitrators

Seth L. Finkel, Esq.

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (GC) Joelle A. Simms, Bressler Amery & Ross, Fort Lauderdale, FL.
  • Rs: (UBSFSInc) Stuart Rebish, Weehawken, NJ. ISC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Petrone v. MMC Securities

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-00938

Products

NP

Issue Date

2020-09-03

Situs

Boca Raton

State

FL

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

The Arbitrator grants Respondent broker-dealer's Pre-Hearing Motion to Dismiss without prejudice pursuant to FINRA Rule 13206 (Six-year Eligibility Rule for Industry Disputes) relating to Claimant broker's requests for reformation of his Form U5 record.

Notes

Please Note* This case was administered under the Special Proceeding option for simplified cases. Pre-Hearing Adjudication -- Full Dismissal. Arbitrator Remarks -- Explained Award.

Arbitrators

Christopher J. Klein, Esq.

Broker-Dealers Named

MMC Securities LLC

Professionals

  • Cs: (JMP) Tosh Grebenik, FA Expungement LLC, Denver, CO.
  • Rs: (MMCSLLC) Francesca M. Lanpher, Littler Mendelson PC, San Francisco, CA. OSC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Cole v. NSA Securities

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-00731

Products

NP

Issue Date

2020-09-09

Situs

Chicago

State

IL

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A broker is granted reformation of defamatory information from his Form U5 record.

Notes

Arbitrator Remarks -- Reformation U-5 granted.

Arbitrators

Ray J. Grzebielski, Esq.

Broker-Dealers Named

NSA Securities Corporation

Professionals

  • Cs: (PJC) Harris Freedman & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (NSASCorp) No-show.

TypeDisp

CustomerMember

Allegation I

Misappropriatn

Short Caption

Hill v. Perry

Allegation II

Fraud

Forum

FINRA

Allegation III

Supervision

Docket No

20-00590

Products

NP

Issue Date

2020-09-04

Situs

Indianapolis

State

IN

Clmd Compensatory

600.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

0.0

Attorney Fees Awarded

0.0

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

An All-Public Panel explains why it has decided to grant Respondent broker-dealer's and broker's Pre-Hearing Motion to Dismiss pursuant to FINRA Rule 12504 (not associated the security, account, or conduct at issue).

Notes

Pre-Hearing Adjudication -- Full Dismissal. All-Public Panel. Arbitrator Remarks.

Arbitrators

Lynn Hirschfeld Brahin, Esq. - Chair; Jeffry Mark Bauer, Esq.; Natalie R. Dickey, Esq.

Broker-Dealers Named

Brokers International Financial Services LLC

Professionals

  • Cs: Mark E. Maddox, Maddox Hargett & Caruso, Fishers, IN.
  • Rs: (MCP & BIFSLLC) Connie M. Fickel & Tamar Yeghiayan, Lewis Brisbois et al., Los Angeles, CA. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Vandoorne v. AXA Advisors

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00087

Products

NP

Issue Date

2020-09-04

Situs

Detroit

State

MI

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A registered representative is granted his request for expungement of a customer complaint from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Terrance J. Dorcy

Broker-Dealers Named

AXA Advisors LLC

Professionals

  • Cs: (TJV) Jonathan M. Sterling, Saretsky Hart et al., Birmingham, MI.
  • Rs: (AXAALLC) Todd A. Holleman, Miller Canfield et al., Detroit, MI. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Zeeb v. U.S. Bancorp

Allegation II

Forum

FINRA

Allegation III

Docket No

19-02853

Products

NP

Issue Date

2020-09-11

Situs

Minneapolis

State

MN

Clmd Compensatory

0.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A broker loses his request for expungement of three customer complaints from appearing on his CRD record.

Notes

None.

Arbitrators

Thomas J. Gmeinder, Esq.

Broker-Dealers Named

US Bancorp Investments Incorporated

Professionals

  • Cs: (CSZ) Frances Menzer & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (USBIInc) Edward B. Magarian & Trevor Brown, Dorsey & Whitney, Minneapolis, MN. OSC.

TypeDisp

CustomerMember

Allegation I

Suitability

Short Caption

Matthews v. Taylor Capital

Allegation II

Supervision

Forum

FINRA

Allegation III

BreachContract

Docket No

19-00350

Products

CorpDebt

Issue Date

2020-09-11

Situs

Charlotte

State

NC

Clmd Compensatory

0.0

Total Amt Awarded

258.0

Compensatory Awarded

60.0

Punitive Damage Awarded

180.0

Attorney Fees Awarded

18.0

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

Respondent broker-dealer is held liable to a customer for nearly $260,000 in damages (inclusive of $180,000 in punitive damages pursuant to North Carolina General Statutes Chapter 1D-15 (1) and (3)). The customer was awarded a default judgment against the non-appearing broker and his claims against said broker were severed from this case.

Notes

Punitive Damages Awarded. Rescission Requested. Rs James Hal Heafner was not assessed any portion of the awarded amount. Rs Taylor Capital Management Inc. was assessed. Rule 12801 default judgment. Severance. All-Public Panel. Arbitrator Remarks.

Arbitrators

John Russell Barlow, II, Esq. - Chair; Richard H. Potter, PhD; Ronald Bruce Natalie, Jr.

Broker-Dealers Named

Taylor Capital Management Incorporated

Professionals

  • Cs: Scott L. Silver, Silver Law Group, Coral Springs, FL.
  • Rs: (TCMInc) Preston Spears, President, Woodstock, GA. ISC.
  • Rs: (JHH) No-show.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Schneider v. Charles Schwab

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-00322

Products

NP

Issue Date

2020-08-31

Situs

Omaha

State

NE

Clmd Compensatory

0.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

An Arbitrator grants Respondent broker-dealer's Pre-Hearing Motion to Dismiss Claimant's request for reformation of his Form U5 record pursuant to FINRA Rule 13504 (Release of Claims, res judicata).

Notes

Pre-Hearing Adjudication -- Full Dismissal. Arbitrator Remarks.

Arbitrators

Michael S. Matek, Esq.

Broker-Dealers Named

Charles Schwab & Company Incorporated

Professionals

  • Cs: (MAS) Dochtor Kennedy & Frances Menzer, AdvisorLaw LLC, Westminster, CO.
  • Rs: (CS&CInc) Christopher F. Robertson & Christopher W. Kelleher, Seyfarth Shaw LLP, Boston, MA. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Walker v. Casimir Capital

Allegation II

Forum

FINRA

Allegation III

Docket No

19-03647

Products

Equity

Issue Date

2020-09-10

Situs

New York

State

NY

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A broker is awarded expungement of five customer complaints from his CRD record.

Notes

Please Note* This case was administered under the Special Proceeding option for simplified cases. Arbitrator Remarks -- Expungement granted.

Arbitrators

Joan M. Traub, Esq.

Broker-Dealers Named

Casimir Capital Limited Partnership

Professionals

  • Cs: (WCW) Tosh D. Grebenik, FA Expungement LLC, Denver, CO.
  • Rs: (CCLP) No-show.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Brennan v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00444

Products

MuniSecs

Issue Date

2020-09-04

Situs

San Juan

State

PR

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

Two Claimant brokers are awarded expungement of several customer complaints from their respective CRD records.

Notes

Please Note* This case was administered under the Special Proceeding option for simplified cases. Arbitrator Remarks -- Expungement granted.

Arbitrators

Martin A. Feigenbaum, Esq.

Broker-Dealers Named

UBS Financial Services Incorporated; UBS Financial Services Incorporated of Puerto Rico

Professionals

  • Cs: (AMB & MST) Roberto C. Quinones & Leany Prieto-Rodriguez, McConnell Valdes LLC, San Juan, PR.
  • Rs: (UBSFSInc & UBSFSIncPR) Rey F. Medina Velez, San Juan, PR. ISC.

TypeDisp

SmallClms

Allegation I

UnauthTdg

Short Caption

Hilliard v. Fidelity Brokerage

Allegation II

Churning

Forum

FINRA

Allegation III

MarginLiqdn

Docket No

20-01268

Products

Margin

Issue Date

2020-09-09

Situs

Memphis

State

TN

Clmd Compensatory

5.2

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."

Case Summary

A customer alleging churning and unauthorized trading, among other things, loses his case against Respondent broker-dealer and is held liable on Respondent broker-dealer's Counterclaim for breach of contract.

Notes

Please Note* This matter proceeded pursuant to Rule 12800 of the Code.

Arbitrators

Gayle B. Carlson, Esq.

Broker-Dealers Named

Fidelity Brokerage Services LLC

Professionals

  • Cs: Pro se.
  • Rs: (FBSLLC) Patrick S. Christensen, FMR LLC Legal Department, Durham, NC. ISC.
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