UPDATE : ARBchek

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

New Award Briefs

Report Dated: 2019-02-05

2019-06

Primary Sort

Secondary Sort

Dispute Information

Damages*

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Stahl v. Lincoln Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

18-01168

Products

VariableAnnuities

Issue Date

2019-01-22

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 a customer complaint from her CRD record involving variable annuities.

Notes

Arbitrator Remarks -- Expungement granted.

People & Entities

Arbitrators

Laurel Littman Gothelf, MPH

Broker-Dealers Named

Lincoln Financial Advisors Corporation

Professionals

  • Cs: (BRS) Michael Bessette, HLBS Law, Westminster, CO.
  • Rs: (LFACorp) Thomas Worger, Dentons US LLP, San Francisco, CA. OSC.

TypeDisp

SmallClms

Allegation I

Misappropriatn

Short Caption

Chen v. Scottrade Incorporated

Allegation II

BreachContract

Forum

FINRA

Allegation III

BreachFiducDty

Docket No

18-01982

Products

NP

Issue Date

2019-01-25

Situs

San Francisco

State

CA

Clmd Compensatory

15.0

Total Amt Awarded

1.1

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 customer loses her request for compensatory damages against Respondents but is awarded costs. Claimant's case related to Respondents alleged misappropriation of funds by failing to refund $15,000 to her account.

Notes

Rs Daniel Gong was not assessed any portion of the awarded amount. Rs Scottrade Inc. was assessed. PHL -- Court Ordered Arbitration.

Arbitrators

William Michael Samsel

Broker-Dealers Named

Scottrade Incorporated

Professionals

  • Cs: Danning Jiang, Law Offices of D. Jiang, San Jose, CA.
  • Rs: (SInc & DG) Ilana Herscovitz Reid, TD Ameritrade, Columbia, MD. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Gough v. Wells Fargo

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02270

Products

NP

Issue Date

2019-01-23

Situs

San Francisco

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 loses her request for expungement of a customer complaint from her CRD record.

Notes

None.

Arbitrators

Herb Schwartz

Broker-Dealers Named

Wells Fargo Clearing Services LLC

Professionals

  • Cs: (LSG) Dochtor Kennedy & Harris Freedman, AdvisorLaw LLC, Westminster, CO.
  • Rs: (WFCSLLC) Geoffrey Beckham, Wells Fargo Law Department, San Francisco, CA. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Ball v. Sentra Securities

Allegation II

Forum

FINRA

Allegation III

Docket No

18-01888

Products

MutualFunds

Issue Date

2019-01-23

Situs

Denver

State

CO

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 an NASD arbitration case from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Donald Neil Tolin

Broker-Dealers Named

Sentra Securities Corporation

Professionals

  • Cs: (MGB) Michael Bassette, HLBS Law, Westminster, CO.
  • Rs: (SSCorp) Phillip Hofling, Custodian, Phoenix, AZ. ISC.

TypeDisp

CustomerMember

Allegation I

Misreprestn

Short Caption

Medeiros v. Quest Capital

Allegation II

BreachFiducDty

Forum

FINRA

Allegation III

Negligence

Docket No

17-03375

Products

DirectInvesmts

Issue Date

2019-01-24

Situs

Boca Raton

State

FL

Clmd Compensatory

200.0

Total Amt Awarded

276.2

Compensatory Awarded

235.0

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 group of customers are awarded $235,000 in compensatory damages (more than the total compensatory damages claimed) and costs relating to their investment in promissory notes of the Woodbridge Mortgage Investment Funds 1 and 2.

Notes

Damages Anomaly. Rescission Requested. All-Public Panel.

Arbitrators

Paul J. Burkhart - Chair; Stacey Rosenthal; Adam Lawrence Frankel

Broker-Dealers Named

Quest Capital Strategies Incorporated

Professionals

  • Cs: Kalju Nekvasil, Goodman & Nekvasil, Clearwater, FL.
  • Rs: (QCSInc) Neil S. Baritz & Heather Cooper, Baritz & Colman, Boca Raton, FL. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Marcello v. GunnAllen Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

18-01802

Products

DirectInvesmts; RealEstate

Issue Date

2019-01-22

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 awards Claimant broker expungement relief relating to a previously settled FINRA Arbitration (Case No. 14-01085) involving customer's investment in a tenancy in common.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Mark Allen Bilawsky

Broker-Dealers Named

GunnAllen Financial Incorporated; JP Turner & Company LLC

Professionals

  • Cs: (ACM) Kurt T. Kalberer II, Kalberer LLP, New York, NY.
  • Rs: (GAFInc) No-show.
  • Rs: (JPT&CLLC) Christina Vourakis, Cetera Financial Group, El Segundo, CA. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Turner v. GunnAllen Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02029

Products

Equity; MutualFunds

Issue Date

2019-01-25

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

A broker is awarded expungement of two previously settled customer arbitrations from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Kimberly A. Gilmour, Esq.

Broker-Dealers Named

GunnAllen Financial Incorporated

Professionals

  • Cs: (MIT) Eric Litow, HLBS Law, Westminster, CO.
  • Rs: (GAFInc) No-show.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Turnock v. Ameriprise Advisor

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02700

Products

Equity; Margin

Issue Date

2019-01-24

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 awarded expungement of two customer disputes from his CRD record: an NASD Arbitration and a customer complaint.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Carl Shechter, Esq.

Broker-Dealers Named

Ameriprise Advisor Services Incorporated

Professionals

  • Cs: (KMT) Michelle Atlas & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (AASInc) Howard M. Klausmeier, Ameriprise Financial, Troy, MI. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Redfearn v. QA3 Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02111

Products

*

Issue Date

2019-01-25

Situs

Atlanta

State

GA

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

Registered representative is awarded expungement of a FINRA Arbitration from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Harvey R. Linder, Esq.

Broker-Dealers Named

QA3 Financial Corporation

Professionals

  • Cs: (JER) Dochtor Kennedy & Erica Harris, AdvisorLaw LLC, Westminster, CO.
  • Rs: (QA3FCorp) No-show.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Song-Pegg v. Fifth Third

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02309

Products

NP

Issue Date

2019-01-21

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

Claimant broker wins expungement of a customer complaint from her CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Leon Fox, JD

Broker-Dealers Named

Fifth Third Securities Incorporated

Professionals

  • Cs: (CS) Jonathan M. Sterling, Saretsky Hart et al., Birmingham, MI.
  • Rs: (FTSInc) Matthew R. Byrne, Jackson Lewis PC, Cincinnati, OH. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Werckenthien v. National Planning

Allegation II

Forum

FINRA

Allegation III

Docket No

17-02748

Products

*

Issue Date

2019-01-22

Situs

Indianapolis

State

IN

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.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Charles Orlove

Broker-Dealers Named

National Planning Corporation

Professionals

  • Cs: (CCW) Dochtor Kennedy & Erica Harris, AdvisorLaw LLC, Westminster, CO.
  • Rs: (NPCorp) Scott R. Forbush, Jackson National Life Insurance Company, Lansing, MI. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Miletello v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02621

Products

Annuities

Issue Date

2019-01-23

Situs

New Orleans

State

LA

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 awards Claimant broker expungement of two customer complaints from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Barbara L. Edin, Esq.

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: (SJM) Erica Harris & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (MLPFSInc) Sarah K. Yates, Bressler Amery & Ross, Birmingham, AL. OSC.

TypeDisp

EmployeeNonMember

Allegation I

Compensatn

Short Caption

Klein v. Santander Bank

Allegation II

BreachContract

Forum

FINRA

Allegation III

Retaliation

Docket No

17-02674

Products

NP

Issue Date

2019-01-22

Situs

Boston

State

MA

Clmd Compensatory

1227.3

Total Amt Awarded

1304.8

Compensatory Awarded

1227.3

Punitive Damage Awarded

0.0

Attorney Fees Awarded

77.5

* 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, the Panel goes into detail as to their decision to award Claimant broker over $1 million in damages relating to his retaliation and compensation claims against Respondent broker-dealer.

Notes

Big $s. Rs Perry Vachon and Charles Wemuth were not assessed any portion of the awarded amount. Rs Santander Bank NA was assessed. PHL -- Court Ordered Arbitration. Arbitrator Remarks -- Explained Award.

Arbitrators

Paul Peter Nicolai - Chair; Merriann Panarella; June Y. Kilmarx, Esq.

Broker-Dealers Named

Santander Bank NA

Professionals

  • Cs: (MK) David P. Angueira & Celelstina Radogno, Swartz & Swartz, Boston, MA.
  • Rs: (SBnkNA & PV) David Casey & Francis Bingham, Littler Mendelson PC, Boston, MA. OSC.
  • Rs: (CW) No-show.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Zimmerman v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02410

Products

*

Issue Date

2019-01-25

Situs

Boston

State

MA

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 four customer complaints from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Susan E. Maloney, Esq.

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: (AHZ) Dochtor Kennedy & Joshua Jones, AdvisorLaw LLC, Westminster, CO.
  • Rs: (MLPFSInc) Sarah K. Yates, Bressler Amery & Ross, Birmingham, AL. OSC.

TypeDisp

SmallClms

Allegation I

Suitability

Short Caption

Brandenburg v. Sawyer

Allegation II

Forum

FINRA

Allegation III

Docket No

18-01537

Products

*

Issue Date

2019-01-23

Situs

Baltimore

State

MD

Clmd Compensatory

34.2

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 unsuitable investment recommendations loses his claim against Respondent broker. Respondent broker is awarded expungement relief.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Thomas J. Dolina

Broker-Dealers Named

None.

Professionals

  • Cs: Pro se.
  • Rs: (CWS) Alex J. Brown, Shapiro Sher et al., Baltimore, MD.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Fratarcangeli v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

18-01523

Products

DirectInvesmts; HedgeFunds

Issue Date

2019-01-24

Situs

Detroit

State

MI

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 expungement of two customer complaints related to disclosures made by Respondent in an underlying arbitration FINRA Case No. 10-02777 from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Stephen D. Kursman, Esq. - Chair; Richard Edward Rassel, III; Patrick A. Guenter

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: (JF) Brandon M. Taaffe, Shumaker Loop & Kendrick, Sarasota, FL.
  • Rs: (MLPFSInc) Janelle E. Fulton, Rubin Fortunato & Harbison, Paoli, PA. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Garrison v. Ameriprise Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

18-00790

Products

NP

Issue Date

2019-01-25

Situs

Kansas City

State

MO

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 denies Claimant broker's request for expungement of a customer complaint from his CRD record.

Notes

None.

Arbitrators

Robert L. Chisolm

Broker-Dealers Named

Ameriprise Financial Services Incorporated

Professionals

  • Cs: (DMG) Erica Harris & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (AFSInc) Edward Walton & Howard Klausmeier, Minneapolis, MN. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Balcerzak v. WMA Securities

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02175

Products

VariableAnnuities; LifeInsurance

Issue Date

2019-01-25

Situs

Charlotte

State

NC

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 two customer complaints from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Lynne Townsend Albert, Esq.

Broker-Dealers Named

WMA Securities Incorporated; World Group Securities Incorporated

Professionals

  • Cs: (JBB) Dochtor Kennedy & Christopher Cummins, AdvisorLaw LLC, Westminster, CO.
  • Rs: (WMASInc) No-show.
  • Rs: (WGSInc) Susan D. Duff, Assistant General Counsel, Transamerica Financial Advisors Incorporated, St. Petersburg, FL. ISC.

TypeDisp

CustomerMember

Allegation I

Churning

Short Caption

Martin v. Edward Jones

Allegation II

Suitability

Forum

FINRA

Allegation III

Misreprestn

Docket No

17-02411

Products

Money Mkt A/C; MutualFunds

Issue Date

2019-01-25

Situs

Las Vegas

State

NV

Clmd Compensatory

1329.2

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

An All-Public Panel denies a customer's claim stemming from allegations of churning, overconcentration, among other things, with respect to his investment in shares of the Federated Tax-Free Obligations Wealth Fund and a low yield money market fund. Both Respondent brokers win expungement relief.

Notes

All-Public Panel. Arbitrator Remarks -- Expungement granted.

Arbitrators

Michael Lancaster Garcia - Chair; John J. Fitzpatrick, Jr., Esq.; Paul R. Meyer

Broker-Dealers Named

Edward Jones

Professionals

  • Cs: Catherine M. Bowman, Law Office of C.M. Bowman, Mesa, AZ.
  • Rs: (EJ&CLP, ROK & KRW) Neal S. Robb & Esther E. Cho, Keesal Young & Logan, Long Beach, CA. OSC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Erickson v. Wells Fargo

Allegation II

Defamation

Forum

FINRA

Allegation III

Negligence

Docket No

17-02820

Products

NP

Issue Date

2019-01-22

Situs

Las Vegas

State

NV

Clmd Compensatory

0.0

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

Claimant broker settles his claims against Respondent broker-dealer and is awarded Reformation of his Form U-5 record.

Notes

This is a Stipulated Award. Arbitrator Remarks -- Reformation U-5 granted.

Arbitrators

Elliott David Finkel - Chair; Mark S. Priver, Esq.; William Ogburn Huggins, III

Broker-Dealers Named

Wells Fargo Clearing Services LLC

Professionals

  • Cs: (JLE) Joshua B. Kons, Law Offices of J.B. Kons, Hartford, CT.
  • Rs: (WFCSLLC) Michael Naccarato, Wells Fargo Advisors LLC, St. Louis, MO. ISC.

TypeDisp

MemberCustomer

Allegation I

DebitBalance

Short Caption

Oppenheimer & Company v. Beard

Allegation II

BreachContract

Forum

FINRA

Allegation III

Docket No

18-01909

Products

*

Issue Date

2019-01-23

Situs

Las Vegas

State

NV

Clmd Compensatory

56.4

Total Amt Awarded

56.4

Compensatory Awarded

56.4

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

One non-appearing customer is held liable to Claimant broker-dealer for an outstanding debit balance in a securities account.

Notes

Rs Derrick Beard was not assessed any portion of the awarded amount. Rs DuSable Group International LLC dba DGI INC. LLC was assessed.

Arbitrators

Robert F. Saint-Aubin, Esq.

Broker-Dealers Named

Oppenheimer & Company Incorporated

Professionals

  • Cs: (O&CInc) Justin M. Garbaccio, New York, NY. ISC.
  • Rs: No-show.

TypeDisp

MemberMember

Allegation I

Raiding

Short Caption

Andrew Garrett v. Laidlaw & Company

Allegation II

TakingRecords

Forum

FINRA

Allegation III

Misappropriatn

Docket No

17-01729

Products

NP

Issue Date

2019-01-25

Situs

New York

State

NY

Clmd Compensatory

0.0

Total Amt Awarded

52.5

Compensatory Awarded

52.5

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 broker-dealer prevails on its raiding claim against Respondent broker-dealer and Respondent broker.

Notes

Rs Gabriel Martin Antuna was not assessed any portion of the awarded amount. Rs Laidlaw & Company (UK) Ltd. and Paul Anthony Cowler were assessed. Raiding case.

Arbitrators

David Ross - Chair; Lilian M. Leong, Esq.; Raymond A. Urci, Jr.

Broker-Dealers Named

Andrew Garrett Incorporated; Laidlaw & Company (UK) Limited

Professionals

  • Cs: (AGInc) Barry Bordetsky, Law Offices of B.M. Bordetsky, Morristown, NJ. OSC.
  • Rs: (L&CUKLtd) Ross D. Carmel, Carmel Milazzo & DiChiara, New York, NY. OSC.
  • Rs: (PAC) A.R. John Hitchings, Sichenzia Ross Ference LLP, New York, NY.
  • Rs: (GMA) Gabriel Fischbarg, Attorney-at-Law, New York, NY.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Kelly v. National Securities

Allegation II

Forum

FINRA

Allegation III

Docket No

18-00674

Products

Equity; Margin; CorpDebt

Issue Date

2019-01-25

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 two customer complaints from his CRD record but is denied expungement relating to a third.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Robert E. Anderson, Esq.

Broker-Dealers Named

National Securities Corporation

Professionals

  • Cs: (TEK) Erica Harris, AdvisorLaw LLC, Westminster, CO.
  • Rs: (NSCorp) Emily A. Hayes, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Jackson v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02710

Products

Equity

Issue Date

2019-01-24

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 expungement relief of a customer complaint from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

C. Sumpter Logan

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (DRJ) W. Preston Martin, Bressler Amery & Ross, Birmingham, AL.
  • Rs: (UBSFSInc) Craig A. Vollono, UBS Business Solutions US LLC, Weehawken, NJ. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Glassman v. Prudential Equity

Allegation II

Forum

FINRA

Allegation III

Docket No

18-00531

Products

Equity

Issue Date

2019-01-25

Situs

Philadelphia

State

PA

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 Consolidated Award, Claimant broker wins expungement of two customer complaints from his CRD record.

Notes

This is a Consolidated Award. Arbitrator Remarks -- Expungement granted.

Arbitrators

Laura A. Kaster

Broker-Dealers Named

Wells Fargo Securities LLC; Prudential Equity Group LLC

Professionals

  • Cs: (WCG) Timothy C. Lynch, Offit Kurman PA, Baltimore, MD.
  • Rs: (PSLLC) Alan S. Brodherson, Law Offices of A.S. Brodherson, New York, NY. OSC.
  • Rs: (WFSLLC) Demian Betz, Wells Fargo Law Department, Charlotte, NC. ISC.
  • Rs: No-show.
  • Rs: No-show.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5

Short Caption

Brodman v. Citizens Securities

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

18-01473

Products

NP

Issue Date

2019-01-24

Situs

Pittsburgh

State

PA

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

Claimant broker loses his request for expungement of defamatory, false, misleading, inaccurate, or erroneous from his Form U-5 record.

Notes

None.

Arbitrators

James W. (Jim) Geiger

Broker-Dealers Named

Citizens Securities Incorporated

Professionals

  • Cs: (MSB) Dochtor Kennedy & Christopher Cummins, AdvisorLaw LLC, Westminster, CO. and Michael Bessette, HLBS Law, Westminster, CO.
  • Rs: (CSInc) Geoffrey W. Millsom, Adler Pollock & Sheehan, Providence, RI. OSC.

TypeDisp

SmallClms

Allegation I

Suitability

Short Caption

Schraegle v. JP Morgan

Allegation II

BreachFiducDty

Forum

FINRA

Allegation III

Negligence

Docket No

18-00611

Products

MutualFunds

Issue Date

2019-01-22

Situs

PP

State

PP

Clmd Compensatory

17.0

Total Amt Awarded

17.0

Compensatory Awarded

17.0

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

In this small claims case, a customer is awarded compensatory damages from Respondent broker-dealer regarding her allegation that the JP Morgan Income Builder Fund A was unsuitable based on Cs financial situation and experience and resulted in a loss of funds, as the value declined.

Notes

None.

Arbitrators

Daniel G. Zeiser, Esq.

Broker-Dealers Named

JP Morgan Securities LLC

Professionals

  • Cs: Benjamin B. Segel, Attorney-at-Law, Dublin, OH.
  • Rs: (JPMSLLC) Daniela Paez, Ulmer & Berne, Cleveland, OH. OSC.

TypeDisp

MemberEmployee

Allegation I

BreachContract

Short Caption

Alternative Asset v. Rodriguez

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02372

Products

NP

Issue Date

2019-01-23

Situs

PP

State

PP

Clmd Compensatory

25.0

Total Amt Awarded

25.0

Compensatory Awarded

25.0

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 found liable on Claimant broker-dealer's breach of contract claim in connection with his alleged failure to repay overdue platform fees.

Notes

None.

Arbitrators

Mark Allen Bilawsky

Broker-Dealers Named

Alternative Asset Investment Management

Professionals

  • Cs: (AAIMgmt) Victor Park, CEO, Englewood, NJ. ISC.
  • Rs: (VHR) No-show.

TypeDisp

SmallClms

Allegation I

Suitability

Short Caption

LaMaack v. Feltl & Company

Allegation II

Misreprestn

Forum

FINRA

Allegation III

Supervision

Docket No

18-02898

Products

DirectInvesmts; RealEstate; Equity

Issue Date

2019-01-24

Situs

PP

State

PP

Clmd Compensatory

50.0

Total Amt Awarded

45.0

Compensatory Awarded

45.0

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

Customer wins his claim relating to his allegation that his broker employed by Respondent broker-dealer at the time, improperly exercised discretionary authority to purchase unsuitable investments concentrated in natural resources/energy, real estate, and financial services.

Notes

None.

Arbitrators

Joan L. Volz

Broker-Dealers Named

Feltl & Company

Professionals

  • Cs: Jon A. Jacobson, Jacobson Law PA, West Palm Beach, FL.
  • Rs: (F&Co) Steven M. Phillips, Anthony Ostlund et al., Minneapolis, MN. OSC.

TypeDisp

MemberEmployee

Allegation I

LoanDefault

Short Caption

SunTrust Investment v. Johnson

Allegation II

BreachContract

Forum

FINRA

Allegation III

Docket No

18-03399

Products

PromissoryNote

Issue Date

2019-01-22

Situs

PP

State

PP

Clmd Compensatory

87.9

Total Amt Awarded

87.9

Compensatory Awarded

87.9

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 non-appearing broker is held liable for the amount due and owing on a signing bonus he executed prior to his termination from Claimant broker-dealer.

Notes

None.

Arbitrators

Robert H. Putnam, Jr., Esq.

Broker-Dealers Named

SunTrust Investment Services Incorporated

Professionals

  • Cs: (STISInc) Renata L. Sobral, Fisher & Phillips, Orlando, FL. OSC.
  • Rs: (TEJ) No-show.

TypeDisp

MemberEmployee

Allegation I

LoanDefault

Short Caption

Raymond James v. Kanoy

Allegation II

BreachContract

Forum

FINRA

Allegation III

Docket No

18-03420

Products

PromissoryNote

Issue Date

2019-01-26

Situs

PP

State

PP

Clmd Compensatory

106.3

Total Amt Awarded

109.7

Compensatory Awarded

106.3

Punitive Damage Awarded

Attorney Fees Awarded

3.4

* 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 wins its case involving the amounts due and owing on a promissory note executed by non-appearing Respondent broker.

Notes

Arbitrator Remarks.

Arbitrators

John P. Cullem, Esq.

Broker-Dealers Named

Raymond James & Associates Incorporated

Professionals

  • Cs: (RJ&AInc) Eric R. Feld, Wiand Guerra King PA, Tampa, FL. OSC.
  • Rs: (AK) No-show.

TypeDisp

MemberEmployee

Allegation I

LoanDefault

Short Caption

Ameriprise Financial v. Rameshwar

Allegation II

BreachContract

Forum

FINRA

Allegation III

UnjustEnrichment

Docket No

18-03601

Products

PromissoryNote

Issue Date

2019-01-21

Situs

PP

State

PP

Clmd Compensatory

414.6

Total Amt Awarded

421.0

Compensatory Awarded

414.6

Punitive Damage Awarded

Attorney Fees Awarded

6.4

* 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 non-appearing respondent broker is held liable to Claimant broker-dealer for the amounts due and owing on a promissory note.

Notes

Arbitrator Remarks.

Arbitrators

Gregory D. Hoffmann

Broker-Dealers Named

Ameriprise Financial Services Incorporated

Professionals

  • Cs: (AFSInc) Scott A. La Porta, Shumaker Loop & Kendrick, Sarasota, FL. OSC.
  • Rs: (RR) No-show.

TypeDisp

CustomerMember

Allegation I

Misreprestn

Short Caption

DeMagistris v. Ameriprise Financial

Allegation II

Supervision

Forum

FINRA

Allegation III

Negligence

Docket No

17-01965

Products

*

Issue Date

2019-01-22

Situs

Providence

State

RI

Clmd Compensatory

14.0

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

Two customers settle their claims against Respondent broker-dealer and broker. Respondent broker wins expungement of this matter from his CRD record.

Notes

This is a Stipulated Award. Arbitrator Remarks -- Expungement granted.

Arbitrators

Samuel Harrison Chorches, Esq.

Broker-Dealers Named

Ameriprise Financial Services Incorporated

Professionals

  • Cs: Pro se.
  • Rs: (AFSInc & JCR) Sydney H. Crowder, Minneapolis, MN. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Schindler v. United Pacific

Allegation II

Forum

FINRA

Allegation III

Docket No

18-02378

Products

DirectInvesmts; RealEstate

Issue Date

2019-01-23

Situs

Dallas

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 previously settled FINRA customer arbitration from his CRD record but is denied expungement with respect to two other previously settled NASD customer arbitrations.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Mandel E. Himelstein, Esq.

Broker-Dealers Named

United Pacific Securities Incorporated; National Planning Corporation

Professionals

  • Cs: (EJS) Dochtor Kennedy & Erica Harris, AdvisorLaw LLC, Westminster, CO.
  • Rs: (UPSInc) No-show.
  • Rs: (NPCorp) Scott Forbush, Jackson National Life Insurance Company, Lansing, MI. ISC.

TypeDisp

CustomerMember

Allegation I

Misreprestn

Short Caption

Talman v. Wells Fargo

Allegation II

Supervision

Forum

FINRA

Allegation III

BreachFiducDty

Docket No

18-00243

Products

Options

Issue Date

2019-01-25

Situs

Salt Lake City

State

UT

Clmd Compensatory

0.0

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

Two customers alleging elder abuse among other things and seeking rescissionary damages settle their claims with Respondent broker-dealer and voluntarily dismiss said claims against Respondent broker.

Notes

This is a Stipulated Award. Rescission Requested. Clrg BD dispute. Majority Public Panel. Panel composition issue.

Arbitrators

Thaddeus J. Tecza, PhD - Chair; Mary C. Davis; Val D. Hornstein, Esq.

Broker-Dealers Named

Wells Fargo Clearing Services LLC dba Wells Fargo Advisors LLC a Delaware limited liability company

Professionals

  • Cs: Leslie Schwaebe Akins, L.S. Akins A Law Corporation, Carlsbad, CA.
  • Rs: (WFCSLLC & TPC) Judy Louie, Wells Fargo Law Department, Pasadena, CA. ISC.
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