Dispute Information Damages*
TypeDisp
EmployeeEmployee
Allegation I
Defamation
Short Caption
LaFerrera v. Johnson
Allegation II
Fraud
Forum
FINRA
Allegation III
Forgery
Docket No
17-02145
Products
NP
Issue Date
2018-09-25
Situs Birmingham
State AL
Clmd Compensatory
0.0
Total Amt Awarded
0.0
Compensatory Awarded
0.0
Punitive Damage Awarded
0.0
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's request for Reformation of his Form U-5 and claim of tortious interference against another broker are denied by the Panel.
Notes
None.
People & Entities
Arbitrators
Daniel T. Hull, Jr. - Chair; Debra Black Leo; Donald Milo Helton
Broker-Dealers Named
None.
Professionals
Cs: (BAL) Jessica LaFerrera, Tuscaloosa, AL. Rs: (ALJ) Matthew I. Penfield & Carole G. Miller, Bressler Amery & Ross, Birmingham, AL.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Roussell v. Raymond James
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-00396
Products
MutualFunds
Issue Date
2018-09-24
Situs Birmingham
State AL
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 wins expungement of two arbitration cases and a customer complaint involving the Regions Morgan Keegan Family of Funds and a civil litigation matter involving a family dispute from his CRD record.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Harvey R. Linder, Esq.
Broker-Dealers Named
Raymond James & Associates Incorporated
Professionals
Cs: (JRR) Donald F. Winningham III, Bressler Amery & Ross, Birmingham, AL. Rs: (RJ&AInc) Brandy Pikus, Raymond James Financial Incorporated, St. Petersburg, FL. ISC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Mette v. Morgan Stanley
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-00718
Products
Equity
Issue Date
2018-09-26
Situs Phoenix
State AZ
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
In this explained Award, an Arbitrator awards Claimant expungement of a customer complaint from his CRD record.
Notes
Arbitrator Remarks -- Expungement granted. Explained Award.
Arbitrators
Merton E. Marks, Esq.
Broker-Dealers Named
Morgan Stanley DW Incorporated
Professionals
Cs: (CLM) Erica Harris, AdvisorLaw LLC, Broomfield, CO. Rs: (MSDWInc) Jeffrey S. Jacobi, Legal & Compliance Division, San Francisco, CA. ISC.
TypeDisp
CustomerMember
Allegation I
Misreprestn
Short Caption
Elide Corporation v. UBS Financial
Allegation II
Supervision
Forum
FINRA
Allegation III
BreachContract
Docket No
17-00230
Products
ETFs; Equity
Issue Date
2018-09-28
Situs Los Angeles
State CA
Clmd Compensatory
21113.4
Total Amt Awarded
Equity
Compensatory Awarded
Equity
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 settles its claim involving VelocityShares 3x Long Crude ETN and Valeant Pharmaceutical International Inc. Non-Party brokers win expungement.
Notes
This is a Stipulated Award. All-Public Panel. Arbitrator Remarks -- Expungement granted.
Arbitrators
Robert B. Hansohn - Chair; Robert E. Jenks; Aurelio A. Garcia
Broker-Dealers Named
UBS Financial Services Incorporated
Professionals
Cs: Mauricio S. Beugelmans, Schiff Hardin LLP, San Francisco, CA. Rs: (UBSFSInc) Neal S. Robb & Joshua Norton, Keesal Young & Logan, Long Beach, CA. OSC.
TypeDisp
CustomerMember
Allegation I
Suitability
Short Caption
Rogers v. Morgan Stanley
Allegation II
Supervision
Forum
FINRA
Allegation III
UnjustEnrichment
Docket No
17-01935
Products
DirectInvesmts; HedgeFunds
Issue Date
2018-09-27
Situs San Diego
State CA
Clmd Compensatory
129.0
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
In this Explained Award, a Panel denies a customer's claim finding that Claimant failed to prove by a preponderance of the evidence any of the causes of action brought against Respondents involving the customer's investment in hedge funds.
Notes
Arbitrator Remarks -- Explained Award.
Arbitrators
Sally G. Williams - Chair; Thomas L. Marshall; Charles Chia-Lin Hsieh
Broker-Dealers Named
Morgan Stanley Smith Barney LLC
Professionals
Cs: Juan C. Castaneda, Castaneda Trial Attorneys PC, Carlsbad, CA. Rs: (MSSBLLC & RAN) Nicholas Y. Lin, Morgan Stanley Wealth Management, San Francisco, CA. ISC.
TypeDisp
CustomerMember
Allegation I
Suitability
Short Caption
Yun v. Wells Fargo
Allegation II
Misreprestn
Forum
FINRA
Allegation III
Supervision
Docket No
17-02377
Products
MutualFunds; MuniSecs
Issue Date
2018-09-26
Situs Los Angeles
State CA
Clmd Compensatory
0.0
Total Amt Awarded
Equity
Compensatory Awarded
Equity
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
Claimants settle their claim involving Alliance Bernstein funds including AB Municipal Income Shares and AB Corporate Taxable Multi-sector Income Share funds. Their Non-Party broker wins expungement relief.
Notes
This is a Stipulated Award. All-Public Panel. Arbitrator Remarks -- Expungement granted. Explained Award.
Arbitrators
David J. Anderson - Chair; Arthur T. Berggren, Esq.; Michael M. Hachigian, Esq.
Broker-Dealers Named
Wells Fargo Advisors LLC nka Wells Fargo Clearing Services LLC
Professionals
Cs: Paul W. Thomas, Thomas Law Group PC, Carlsbad, CA. Rs: (WFALLC) Judy Louie, Wells Fargo Law Department, Pasadena, CA. ISC.
TypeDisp
EmployeeCustomer
Allegation I
Expungement(CRD)
Short Caption
Binkele v. JP Turner & Company
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
17-03006
Products
DirectInvesmts
Issue Date
2018-09-25
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 broker wins a recommendation to expungement a customer complaint from his CRD record.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Constance Ellen Boukidis
Broker-Dealers Named
JP Turner & Company LLC
Professionals
Cs: (RJB) R. Craig Zafis, R. C. Zafis APC, San Diego, CA. Rs: (JPT&CLLC) Jeremy Carr, Cetera Financial Group, El Segundo, CA. ISC. Rs: Pro se. Rs: No-show. -- Did not voluntarily submit to arbitration.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Sandkamp v. Wells Fargo
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
17-03445
Products
*
Issue Date
2018-09-24
Situs Los Angeles
State CA
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's request for expungement of two customer complaints from his CRD record is denied after a customer appeared at the hearing in opposition.
Notes
None.
Arbitrators
Kendall C. Reed, Esq.
Broker-Dealers Named
Wells Fargo Clearing Services LLC
Professionals
Cs: (TGS) Dochtor Kennedy & Harris Freedman, AdvisorLaw LLC, Broomfield, CO. Rs: (WFCSLLC) Judy Louie, Wells Fargo Law Department, Pasadena, CA. ISC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Chung v. Merrill Lynch
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-00398
Products
DirectInvesmts
Issue Date
2018-09-27
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
A broker wins expungement of a customer complaint from his CRD record involving three master limited partnerships.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Herbert Liberman
Broker-Dealers Named
Merrill Lynch Pierce Fenner & Smith Incorporated
Professionals
Cs: (YMC) Dochtor Kennedy & Harris Freedman, AdvisorLaw LLC, Broomfield, CO. Rs: (MLPFSInc) Randi P. Spallina, Bressler Amery & Ross, Fort Lauderdale, FL. OSC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Sullivan v. Securities Service
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-01253
Products
Equity; CDOs
Issue Date
2018-09-27
Situs San Francisco
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 broker wins expungement of three customer complaints from his record.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Michael Lancaster Garcia
Broker-Dealers Named
Securities Service Network LLC
Professionals
Cs: (TCS) Dochtor Kennedy & Eric Litow, AdvisorLaw LLC, Broomfield, CO. Rs: (SSNLLC) Ronald T. Klimas, Executive Vice President, Knoxville, TN. ISC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Warner v. LPL Financial
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-00938
Products
VariableAnnuities; MutualFunds; ETFs; Equity
Issue Date
2018-09-28
Situs Hartford
State CT
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 wins expungement of a customer complaint involving variable annuities, mutual funds, among other investments.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Sean Alan D'Amico
Broker-Dealers Named
LPL Financial LLC
Professionals
Cs: (WFW) Dochtor Kennedy & Christopher Cummings, AdvisorLaw LLC, Broomfield, CO. Rs: (LPLFLLC) Jon Kaplon, Boston, MA. ISC.
TypeDisp
SmallClms
Allegation I
Churning
Short Caption
Myers v. Obsidian Financial
Allegation II
Suitability
Forum
FINRA
Allegation III
Supervision
Docket No
16-02808
Products
*
Issue Date
2018-09-26
Situs Wilmington
State DE
Clmd Compensatory
50.0
Total Amt Awarded
50.0
Compensatory Awarded
50.0
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 wins a small claims case on a default judgment issued by the Arbitrator.
Notes
Rs Philip A. Dina and Anthony Joe were not assessed any portion of the awarded amount. Rs Obsidian Financial Group LLC was assessed. PHL -- Involves bankruptcy stay. Rule 12801 default judgment.
Arbitrators
Joseph J. Dougherty, JD
Broker-Dealers Named
Obsidian Financial Group LLC
Professionals
Cs: Hilton Wiener, Law Office of H.M. Wiener, New York, NY. Rs: (OFGLLC) No-show. Rs: (PAD & AJ) None.
TypeDisp
EmployeeMember
Allegation I
Reformation(U-5)
Short Caption
Anish v. Wells Fargo
Allegation II
Defamation
Forum
FINRA
Allegation III
WrongTerm
Docket No
17-02171
Products
NP
Issue Date
2018-09-27
Situs Boca Raton
State FL
Clmd Compensatory
Equity
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 claim for reformation of his Form U-5 and request for rescission.
Notes
Directed Verdict -- Full Dismissal. Rescission Requested.
Arbitrators
Robert G. Geeseman, Esq. - Chair; Sydney E. Blum; Tina Scott Polsky
Broker-Dealers Named
Wells Fargo Clearing Services LLC
Professionals
Cs: (ESA) None. Rs: (WFCSLLC) Frederick T. Smith & Gregory L. Smith Jr., Seyfarth Shaw LLP, Atlanta, GA. OSC.
TypeDisp
CustomerMember
Allegation I
Suitability
Short Caption
Anderson v. Wells Fargo
Allegation II
Misreprestn
Forum
FINRA
Allegation III
BreachFiducDty
Docket No
16-03388
Products
CorpDebt
Issue Date
2018-09-25
Situs Minneapolis
State MN
Clmd Compensatory
138.5
Total Amt Awarded
75.4
Compensatory Awarded
75.4
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 is awarded compensatory damages on his claim relating to Quicksilver Resources Senior Notes. The Panel denies broker's request for expungement.
Notes
All-Public Panel.
Arbitrators
Daniel M. Yamshon, Esq. - Chair; William Michael Samsel; Steven M. Bialick
Broker-Dealers Named
Wells Fargo Advisors LLC
Professionals
Cs: Kalju Nekvasil, Goodman & Nekvasil, Clearwater, FL. Rs: (WFALLC) Demian J. Betz, Wells Fargo Law Department, Charlotte, NC. ISC. Rs: (RPK) Michael E. Rowe, Dorsey & Whitney, Minneapolis, MN.
TypeDisp
EmployeeMember
Allegation I
Reformation(U-5)
Short Caption
Degelmann v. Prudential Investment
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-01200
Products
NP
Issue Date
2018-09-28
Situs Minneapolis
State MN
Clmd Compensatory
Equity
Total Amt Awarded
Equity
Compensatory Awarded
Equity
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 wins Reformation U-5 on his defamation claim against his former employer.
Notes
Panel composition issue. Arbitrator Remarks -- Reformation U-5 granted.
Arbitrators
Douglas J. Nesbit
Broker-Dealers Named
Prudential Investment Management Services LLC
Professionals
Cs: (JFD) Elizabeth P. Ridley, Heley Duncan & Melander, Minneapolis, MN. Rs: (PIMSLLC) Alan S. Brodherson, Law Offices A.S. Brodherson, New York, NY. OSC.
TypeDisp
CustomerMember
Allegation I
Misreprestn
Short Caption
Beam v. Allstate Financial
Allegation II
Supervision
Forum
FINRA
Allegation III
BreachFiducDty
Docket No
17-01340
Products
DirectInvesmts
Issue Date
2018-09-26
Situs Charlotte
State NC
Clmd Compensatory
2000.0
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 grants Respondent Sunset Financial Services' uncontested Pre-Hearing Motion to Dismiss based on the Six-year Eligibility Rule.
Notes
Pre-Hearing Adjudication -- Full Dismissal. All-Public Panel.
Arbitrators
Emily Eiselman Hunter, Esq. - Chair; Susan L. Luck; Hon. Ronald Tuttle Osborn
Broker-Dealers Named
Allstate Financial Services LLC; Sunset Financial Services Incorporated
Professionals
Cs: Sam McGee, Tin Fulton et al., Charlotte, NC. and David S. Rudolf, Rudolf Widenhouse LLP, Charlotte, NC. Rs: (AFSLLC) Samantha Tesser Haimo, Feigeles & Haimo, Fort Lauderdale, FL. OSC. Rs: (JLL) Fred B. Monroe, James McElroy & Diehl, Charlotte, NC. Rs: (SFSInc) Christopher D. Tomlinson, Moore & Van Allen, Charlotte, NC. OSC.
TypeDisp
MemberEmployee
Allegation I
Raiding
Short Caption
Charles Schwab v. Humphreys
Allegation II
TakingRecords
Forum
FINRA
Allegation III
InjunctiveRelief
Docket No
17-01956
Products
NP
Issue Date
2018-09-28
Situs Charlotte
State NC
Clmd Compensatory
0.0
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 Broker-Dealer's raiding claim is denied by the Panel and the broker is awarded attorney fees (pursuant to Claimants' confidentiality, non-solicitation and intellectual property agreements) and costs.
Notes
Raiding case. Arbitrator Remarks.
Arbitrators
Patricia Ann Tracey, Esq. - Chair; Susan L. Luck; Leslie Robin Berro, CFP
Broker-Dealers Named
Charles Schwab & Company Incorporated
Professionals
Cs: (CS&CInc) Michael R. Greco, Fisher & Phillips, Denver, CO. OSC. Rs: (RAH) Clinton W. Marrs, Marrs Griebel Law Ltd., Albuquerque, NM.
TypeDisp
CustomerMember
Allegation I
Churning
Short Caption
Zenk v. Obsidian Financial
Allegation II
UnauthTdg
Forum
FINRA
Allegation III
Suitability
Docket No
14-02349
Products
*
Issue Date
2018-09-24
Situs Omaha
State NE
Clmd Compensatory
139.9
Total Amt Awarded
139.9
Compensatory Awarded
139.9
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
Claimant wins compensatory damages from broker-dealer and former broker resulting from allegations of churning, unauthorized trading and suitability.
Notes
Rs Obsidian Capital Holdings LLC, Upinder Kumar Sharma, Alan Mitchell Krim, Tobias Anthony Lenza, John David Telfer, Qi Huang, Stephen Grivas, Philip A. Dina and Andrew C. Lavenziano were not assessed any portion of the awarded amount. Rs Obsidian Financial Group LLC and Paul Posillico were assessed. PHL -- Involves bankruptcy stay. All-Public Panel.
Arbitrators
Jeffrey M. Bain, Esq. - Chair; Murray S. Levin, Esq.; James Edward Nash
Broker-Dealers Named
Obsidian Financial Group LLC; Obsidian Capital Holdings LLC
Professionals
Cs: Hilton Wiener, Law Office of H. Wiener, New York, NY. Rs: (OFGLLC, OCHLLC, PP, ACL & QH) No-show. Rs: (UKS, JDT, SG & PA) None. Rs: (AMK) Lawrence R. Gelber, Attorney-at-Law, Brooklyn, NY. Rs: (TAL) Anthony A. Lenza Jr., Amabile & Erman, Staten Island, NY.
TypeDisp
CustomerMember
Allegation I
Misreprestn
Short Caption
Esposito v. Sagepoint Financial
Allegation II
Supervision
Forum
FINRA
Allegation III
BreachFiducDty
Docket No
17-01190
Products
VariableAnnuities
Issue Date
2018-09-27
Situs Newark
State NJ
Clmd Compensatory
450.0
Total Amt Awarded
Equity
Compensatory Awarded
Equity
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
Claimants settle their claim involving variable annuities against a broker-dealer. Claimants' former financial advisor wins expungement of said claim from his CRD record.
Notes
This is a Stipulated Award. All-Public Panel. Arbitrator Remarks -- Expungement granted.
Arbitrators
Louis H. Miron, Esq. - Chair; Theresa R. Joyner, Esq.; Sidney Seligman
Broker-Dealers Named
Sagepoint Financial Incorporated
Professionals
Cs: Kristian Kraszewski, Kyros Law, Naples, FL. Rs: (SFInc) Benjamin J. Biard, Winget Spadafora & Schwartzberg, Miami, FL. OSC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Samalin v. Morgan Stanley
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
17-03500
Products
Equity; CorpDebt
Issue Date
2018-07-30
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 wins expungement of two customer complaints from his CRD record.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Karen Isabel Bedrosian-Richardson
Broker-Dealers Named
First Asset Management Incorporated; Morgan Stanley DW Incorporated
Professionals
Cs: (AES) Harris Freedman, AdvisorLaw LLC, Broomfield, CO. Rs: (MSDWInc) Chan H. Nam, Morgan Stanley Wealth Management, New York, NY. ISC. Rs: (FAMInc) No-show.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Lazos v. Oppenheimer & Company
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-00493
Products
Equity
Issue Date
2018-09-27
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 obtains expungement relief involving investments in FiberTower stock.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Ira S. Cure, Esq.
Broker-Dealers Named
Oppenheimer & Company Incorporated; Maxim Group LLC
Professionals
Cs: (CML) Faun M. Phillipson & Jonathan C. Uretsky, Phillipson & Uretsky, New York, NY. Rs: (O&CInc) John T. McGuire, New York, NY. ISC. Rs: (MGLLC) Ian H. Hummel, New York, NY. ISC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Domino v. Park Avenue
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-01234
Products
LifeInsurance
Issue Date
2018-09-24
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 wins a recommendation to expunge a customer complaint from his record involving a life insurance plan.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Annamaria Boccia-Smith, Esq. (fka Annamaria Boccia-Kovarcik, Esq.)
Broker-Dealers Named
Park Avenue Securities LLC
Professionals
Cs: (AJD) John Stewart, Baritz & Colman, New York, NY. Rs: (PASLLC) Stephen H. Broer, New York, NY. ISC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Hester v. Ameriprise Financial
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-00123
Products
NP
Issue Date
2018-09-28
Situs Oklahoma City
State OK
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 wins a recommendation to expunge a customer complaint from his CRD record.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Thomas A. Martin, Esq.
Broker-Dealers Named
Ameriprise Financial Services Incorporated
Professionals
Cs: (GSH) Harris Freedman, HLBS Law, Westminster, CO. and Dochtor Kennedy, AdvisorLaw LLC, Broomfield, CO. Rs: (AFSInc) Howard M. Klausmeier, Troy, MI. ISC.
TypeDisp
MemberEmployee
Allegation I
LoanDefault
Short Caption
Securities America v. Jacobowitz
Allegation II
DebitBalance
Forum
FINRA
Allegation III
BreachContract
Docket No
17-03459
Products
PromissoryNote
Issue Date
2018-09-25
Situs PP
State PP
Clmd Compensatory
36.9
Total Amt Awarded
36.9
Compensatory Awarded
36.9
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 is liable for breach of promissory note.
Notes
None.
Arbitrators
Bryan Lane Berson
Broker-Dealers Named
Securities America Incorporated
Professionals
Cs: (SAInc) Tyler Joseph Schubauer, Omaha, NE. ISC. Rs: (OJJ) No-show.
TypeDisp
SmallClms
Allegation I
Misreprestn
Short Caption
Mandrell v. Connell
Allegation II
ExcessiveFees
Forum
FINRA
Allegation III
Docket No
18-01056
Products
NP
Issue Date
2018-09-24
Situs PP
State PP
Clmd Compensatory
1.3
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 denies a customer's claim relating to her IRA account held with Edward Jones but grants her broker's request for expungement.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Michael L. Lyons, Esq.
Broker-Dealers Named
Edward Jones
Professionals
Cs: Pro se. Rs: (LC & EJ&CLP) Darren Goodman, Tempe, AZ. ISC.
TypeDisp
SmallClms
Allegation I
Suitability
Short Caption
Zupkus v. Cambridge Investment
Allegation II
Misreprestn
Forum
FINRA
Allegation III
BreachFiducDty
Docket No
18-01327
Products
MutualFunds
Issue Date
2018-09-26
Situs PP
State PP
Clmd Compensatory
41.3
Total Amt Awarded
41.3
Compensatory Awarded
41.3
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 case, an Arbitrator holds Respondents jointly and severally liable to Claimant for damages involving the LJM Preservation and Growth Fund.
Notes
None.
Arbitrators
Charles W. Danis, Jr.
Broker-Dealers Named
Cambridge Investment Research Incorporated
Professionals
Cs: Pro se. Rs: (CIRInc) Carolyn Browne, Bryan Cave et al., St. Louis, MO. OSC. Rs: (JSP) James Kopecky, Kopecky Schumacher et al., Chicago, IL.
TypeDisp
SmallClms
Allegation I
Suitability
Short Caption
Banasch v. TD Ameritrade
Allegation II
BreachFiducDty
Forum
FINRA
Allegation III
BreachContract
Docket No
18-01470
Products
*
Issue Date
2018-09-26
Situs PP
State PP
Clmd Compensatory
50.0
Total Amt Awarded
17.7
Compensatory Awarded
17.7
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 alleges improper trading of stock in her account and is awarded compensatory damages by the Arbitrator.
Notes
None.
Arbitrators
Carol M. Egan, Esq.
Broker-Dealers Named
TD Ameritrade Incorporated
Professionals
Cs: Scott I. Batterman, Clay Chapman et al., Honolulu, HI. Rs: (TDAInc) Ilana Herscovitz Reid, Associate Counsel, Litigation, Columbia, MD. ISC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Sharpe v. Merrill Lynch
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-00520
Products
Equity
Issue Date
2018-09-27
Situs Houston
State TX
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 recommends expungement of a broker's CRD record relating to a customer complaint involving Freddie Mac and Fannie Mae securities.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Lynne M. Gomez, Esq.
Broker-Dealers Named
Merrill Lynch Pierce Fenner & Smith Incorporated
Professionals
Cs: (IS) Matthew B. Henneman & Joseph Cialone III, Henneman Rau LLP, Houston, TX. Rs: (MLPFSInc) Sarah K. Yates, Bressler Amery & Ross, Birmingham, AL. OSC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Thomas v. Citigroup Global
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-00769
Products
*
Issue Date
2018-09-28
Situs Dallas
State TX
Clmd Compensatory
Equity
Total Amt Awarded
Equity
Compensatory Awarded
Equity
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 brokers win expungement of a customer complaint from their CRD records.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Jeff Howard Abrams
Broker-Dealers Named
Citigroup Global Markets Incorporated
Professionals
Cs: (BDT & PRV) Steven J. Berry, Berry Odom LLP, Fort Worth, TX. Rs: (CGMInc) David I. Hantman, Bressler Amery & Ross, New York, NY. OSC.
TypeDisp
EmployeeMember
Allegation I
Expungement(CRD)
Short Caption
Carolyn v. UBS Financial
Allegation II
Defamation
Forum
FINRA
Allegation III
Docket No
18-01543
Products
*
Issue Date
2018-09-24
Situs Houston
State TX
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 wins expungement of a customer complaint from his record.
Notes
Arbitrator Remarks -- Expungement granted.
Arbitrators
Sherry R. Wetsch, Esq.
Broker-Dealers Named
UBS Financial Services Incorporated
Professionals
Cs: (JC) Alise Johnson Henry, Bressler Amery & Ross, Miami, FL. Rs: (UBSFSInc) Craig A. Vollono, Weehawken, NJ. ISC.
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