UPDATE : ARBchek

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

New Award Briefs

Report Dated: 2020-12-01

UA 2020-27

Primary Sort

Secondary Sort

Dispute Information

Damages*

TypeDisp

SmallClms

Allegation I

UnauthTdg

Short Caption

Wickwire v. TD Ameritrade

Allegation II

Misreprestn

Forum

FINRA

Allegation III

Docket No

20-01050

Products

Equity

Issue Date

2020-11-05

Situs

Anchorage

State

AK

Clmd Compensatory

30.4

Total Amt Awarded

22.8

Compensatory Awarded

22.8

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

Respondent broker-dealer is held liable to a customer for compensatory damages relating to his investments in MFA Financial Inc., and Ford Motor Company to name a few.

Notes

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

People & Entities

Arbitrators

John J. Fitzpatrick, Jr., Esq.

Broker-Dealers Named

TD Ameritrade Clearing Incorporated

Professionals

  • Cs: Pro se through Thomas R. Wickwire, Attorney-at-Law, Fairbanks, AK.
  • Rs: (TDACInc) Ilana H. Reid, TD Ameritrade, Columbia, MD. ISC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Husby v. Ameriprise Financial

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-02169

Products

NP

Issue Date

2020-11-09

Situs

Anchorage

State

AK

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 reformation of her Form U5 record.

Notes

Please Note* This matter proceeded pursuant to Rule 13800 of the Code.

Arbitrators

Dean J. Dietrich, Esq.

Broker-Dealers Named

Ameriprise Financial Services LLC; Raymond James Financial Services Incorporated

Professionals

  • Cs: (VKH) Christopher D. Warren, Warren Law Group, New York, NY.
  • Rs: (AFSLLC) Howard M. Klausmeier, Troy, MI. ISC.
  • Rs: (RJFSInc) Kevin M. Cuddy, Stoel Rives LLP, Anchorage, AK. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Leavitt v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

19-03707

Products

Annuities; Options

Issue Date

2020-11-12

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

Claimant broker is granted his request for expungement of a customer complaint and a FINRA arbitration case from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Helen Marinak Blohm, Esq. (fka Helen M. Marinak, Esq.)

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: (SBL) Frances Menzer, HLBS Law, Westminster, CO.
  • Rs: (MLPFSInc) Patrick J. Mulligan, Bressler Amery & Ross, Birmingham, AL. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Power v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00119

Products

Derivatives; Equity; Options

Issue Date

2020-10-30

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 is granted his request for expungement of two FINRA arbitration cases and two customer complaints from appearing on his CRD record.

Notes

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

Arbitrators

Erik R. Siering

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (TTP) Benjamin Winograd, HLBS Law, Westminster, CO.
  • Rs: (UBSFSInc) Omar Perez, UBS Business Solutions US LLC, Nashville, TN. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Matthews v. Citigroup Global

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00718

Products

ARS; RealEstate

Issue Date

2020-11-10

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

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Philip Aaron Tymon, JD

Broker-Dealers Named

Citigroup Global Markets Incorporated

Professionals

  • Cs: (MGM) Benjamin Winograd, Of Counsel HLBS Law, Westminster, CO.
  • Rs: (CGMInc) Adam M. Kauff & Lisa Lightbody, Kauff Laton Miller LLP, New York, NY. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Fernandez v. Pacific Cornerstone

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00820

Products

DirectInvesmts

Issue Date

2020-11-06

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 granted his request for expungement of two customer complaints from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Robert D. Sussin, Esq.

Broker-Dealers Named

Pacific Cornerstone Capital Incorporated

Professionals

  • Cs: (EEF) Benjamin Winograd, HLBS Law, Westminster, CO.
  • Rs: (PCCInc) No-show.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Tomlinson v. Wells Fargo

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01171

Products

NP

Issue Date

2020-11-04

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

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Robert D. Sussin, Esq.

Broker-Dealers Named

Wells Fargo Clearing Services LLC

Professionals

  • Cs: (RMT) Chelsea Masters, HLBS Law, Westminster, CO.
  • Rs: (WFCSLLC) Judy Louie, Wells Fargo Legal Department, Los Angeles, CA. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Maier v. JP Morgan

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02373

Products

NP

Issue Date

2020-11-06

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 his request for expungement of an NASD Arbitration case and a FINRA Arbitration case from his CRD records.

Notes

None.

Arbitrators

Helen Marinak Blohm, Esq. (fka Helen M. Marinak, Esq.)

Broker-Dealers Named

JP Morgan Securities LLC

Professionals

  • Cs: (KEM) David I. Hantman, Bressler Amery & Ross, New York, NY.
  • Rs: (JPMSLLC) Samantha D. Parrish, Keesal Young & Logan, Long Beach, CA. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Finch v. Geneos Wealth Management

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00972

Products

NP

Issue Date

2020-10-21

Situs

Denver

State

CO

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 a customer complaint from appearing on his CRD record.

Notes

None.

Arbitrators

Frances Johnson-Wright, Esq.

Broker-Dealers Named

Geneos Wealth Management Incorporated

Professionals

  • Cs: (LPF) Frances Menzer, HLBS Law, Westminster, CO.
  • Rs: (GWMInc) Victoria H. Buter, Kutak Rock LLP, Omaha, NE. OSC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Overall v. Fidelity Brokerage

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-00223

Products

NP

Issue Date

2020-11-04

Situs

Orlando

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 grants without prejudice Respondent broker-dealer's Pre-Hearing Motion to Dismiss pursuant to FINRA Rule 13206(a) (Six-year Eligibility Rule for Industry Disputes).

Notes

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

Arbitrators

Thomas Joseph Atkinson, Sr., JD

Broker-Dealers Named

Fidelity Brokerage Services LLC

Professionals

  • Cs: (REO) Harris Freedman, HLBS Law, Westminster, CO.
  • Rs: (FBSLLC) Stacey N. Schmidt, FMR LLC Legal Department, Boston, MA. ISC.

TypeDisp

SmallClms

Allegation I

Suitability

Short Caption

Fehr v. UBS Financial

Allegation II

Misreprestn

Forum

FINRA

Allegation III

Docket No

20-01578

Products

MutualFunds; CorpDebt

Issue Date

2020-10-23

Situs

Boca Raton

State

FL

Clmd Compensatory

36.1

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 in detail why he has decided to deny a customer's claims against Respondent broker-dealer involving his investment in the bond funds OOSCX and FTSL. Non-Party broker is granted expungement of this matter from his CRD record.

Notes

Please Note* This matter proceeded pursuant to Rule 12800 of the Code. Arbitrator Remarks -- Expungement granted. Explained Award.

Arbitrators

Will Murphy, Esq.

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: Pro se.
  • Rs: (UBSFSInc) Omar Perez, UBS Business Solutions US LLC, Nashville, TN. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Powell v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02659

Products

ARS

Issue Date

2020-11-06

Situs

Louisville

State

KY

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 his request for expungement of a customer complaint from appearing on his CRD record involving a customer's investment in auction rate securities.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Jeffry Mark Bauer, Esq.

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (MRP) David I. Hantman, Bressler Amery & Ross, New York, NY.
  • Rs: (UBSFSInc) Omar Perez, UBS Business Solutions US LLC, Nashville, TN. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Greben v. LPL Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00962

Products

VariableAnnuities

Issue Date

2020-10-26

Situs

Baltimore

State

MD

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 his request for expungement of a customer complaint from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Richard E. Lauziere, CPA

Broker-Dealers Named

LPL Financial LLC

Professionals

  • Cs: (VMG) Dochtor Kennedy & Benjamin Winograd, AdvisorLaw LLC, Westminster, CO.
  • Rs: (LPLFLLC) Sara B. Davis, Boston, MA. ISC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Scott v. JP Morgan

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

19-02502

Products

NP

Issue Date

2020-11-04

Situs

Detroit

State

MI

Clmd Compensatory

500.0

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 her request for reformation of her Form U5 record.

Notes

Arbitrator Remarks -- Reformation U-5 granted.

Arbitrators

Robert J. Scafuri, Esq. - Chair; Sandra Jo Baumchen; Nancy R. Papo

Broker-Dealers Named

JP Morgan Securities LLC

Professionals

  • Cs: (VSS) None.
  • Rs: (JPMSLLC) Jenny R. Goltz & Danielle Harris, Cozen O'Connor LLP, Chicago, IL. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Boukamp v. Citigroup Global

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01031

Products

NP

Issue Date

2020-11-02

Situs

Detroit

State

MI

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 a customer complaint from his CRD record.

Notes

None.

Arbitrators

Jeffry Mark Bauer, Esq.

Broker-Dealers Named

Citigroup Global Markets Incorporated

Professionals

  • Cs: (JWB) Jonathan M. Sterling, Saretsky Hart et al., Birmingham, MI.
  • Rs: (CGMInc) Adam Kauff & Lisa Lightbody, Kauff Laton Miller LLP, New York, NY. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Boukamp v. Citigroup Global

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01033

Products

NP

Issue Date

2020-11-13

Situs

Detroit

State

MI

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 registered representative loses his request for expungement of a customer complaint from appearing on his CRD record.

Notes

None.

Arbitrators

Terrance J. Dorcy

Broker-Dealers Named

Citigroup Global Markets Incorporated

Professionals

  • Cs: Jonathan M. Sterling, Saretsky Hart et al., Birmingham, MI.
  • Rs: (CGMInc) Adam M. Kauff & Lisa Lightbody, Kauff Laton Miller LLP, New York, NY. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Burklow v. Ameriprise Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

19-03816

Products

NP

Issue Date

2020-10-19

Situs

Newark

State

NJ

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 expungement of a customer complaint from his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Micalyn S. Harris, Esq.

Broker-Dealers Named

Ameriprise Financial Services Incorporated

Professionals

  • Cs: (TMB) Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (AFSInc) Howard M. Klausmeier, Minneapolis, MN. ISC.

TypeDisp

CustomerMember

Allegation I

Suitability

Short Caption

Anbarasan v. Merrill Lynch

Allegation II

Misreprestn

Forum

FINRA

Allegation III

Supervision

Docket No

20-00600

Products

DirectInvesmts

Issue Date

2020-10-20

Situs

Newark

State

NJ

Clmd Compensatory

615.0

Total Amt Awarded

Equity

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 granted Respondent broker-dealer's Pre-Hearing Motion to Dismiss without prejudice pursuant to FINRA Rule 12206 (Six-year Eligibility Rule). The customer's claim involved his investment in the Urban Infrastructure Real Estate Partnership LP.

Notes

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

Arbitrators

Julian F. Santos, Esq. - Chair; Catherine Stewart, Esq.; James F. Rohrman

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: Jonathan E. Neuman, Law Offices of J.E. Neuman, Fresh Meadows, NY.
  • Rs: (MLPFSInc) Regina Pepe Martorana & Melek Dunn, Bressler Amery & Ross, New York, NY. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Sheehan v. Investors Capital

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00903

Products

DirectInvesmts; RealEstate

Issue Date

2020-10-19

Situs

Newark

State

NJ

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 four customer complaints from his appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Joan M. Traub, Esq.

Broker-Dealers Named

Investors Capital Corporation

Professionals

  • Cs: (WSS) Dochtor Kennedy & Frances Menzer, AdvisorLaw LLC, Westminster, CO.
  • Rs: (ICCorp) David Feldstein, Cetera Financial Group, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Stevens v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01925

Products

NP

Issue Date

2020-11-09

Situs

Newark

State

NJ

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 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 -- Expungement granted.

Arbitrators

Joan M. Traub, Esq.

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (PS) Omar Perez, UBS Business Solutions US LLC, Nashville, TN.
  • Rs: (UBSFSInc) Omar Perez, UBS Business Solutions US LLC, Nashville, TN. ISC.

TypeDisp

CustomerMember

Allegation I

FailToObey

Short Caption

Magno v. Morgan Stanley

Allegation II

Misreprestn

Forum

FINRA

Allegation III

Supervision

Docket No

15-03140

Products

MutualFunds

Issue Date

2020-10-30

Situs

Syracuse

State

NY

Clmd Compensatory

268.3

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 request for damages against Respondent broker-dealer and awards a Non-Party broker expungement of this matter from his CRD record.

Notes

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

Arbitrators

Karimu F. Hill-Harvey, Esq. - Chair; Robert E. Anderson, Esq.; Adam S. King

Broker-Dealers Named

Morgan Stanley

Professionals

  • Cs: Jonathan E. Neuman, Law Offices of J.E. Neuman, Fresh Meadows, NY.
  • Rs: (MSSBLLC) Abigail Elrod & Ethan Weinberg, Morgan Stanley Wealth Management, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Ahern v. Laidlaw & Company

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00503

Products

DirectInvesmts; Margin

Issue Date

2020-10-27

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

Claimant broker is awarded expungement of three customer complaints from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Howard D. Jacob, Esq.

Broker-Dealers Named

Laidlaw & Company (UK) Limited

Professionals

  • Cs: (JA) Michael Ference, Sichenzia Ross Ference LLP, New York, NY.
  • Rs: (L&CUKLtd) Alex Shtaynberger, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Rose v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00830

Products

NP

Issue Date

2020-11-06

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 registered representative is granted his 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 -- Expungement granted.

Arbitrators

David I. Goldblatt, Esq.

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: (MJR) Tosh Grebenik, FA Expungement LLC, Denver, CO.
  • Rs: (MLPFSInc) Sarah K. Yates, Bressler Amery & Ross, Birmingham, AL. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Kautz v. American Portfolios

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01545

Products

MutualFunds

Issue Date

2020-10-30

Situs

Buffalo

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 granted his request for expungement of a customer complaint from appearing on his CRD record.

Notes

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

Arbitrators

Tracy L. Allen, Esq.

Broker-Dealers Named

American Portfolios Financial Services Incorporated

Professionals

  • Cs: (DK) Robert Moses, RJM Counsel PLLC, New York, NY.
  • Rs: (APFSInc) No-show.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Lattanzio v. Citizens Securities

Allegation II

Expungement(CRD)

Forum

FINRA

Allegation III

Defamation

Docket No

20-01601

Products

NP

Issue Date

2020-11-06

Situs

Cleveland

State

OH

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 granted Respondent broker-dealers' Pre-Hearing Motion to Dismiss pursuant to FINRA Rule 13206 (Six-year Eligibility Rule for Industry Disputes).

Notes

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

Arbitrators

Jonathan B. Gilbert, Esq.

Broker-Dealers Named

Citizens Securities Incorporated; Chase Investment Services Corporation

Professionals

  • Cs: (JLL) Nancy L. Hendrickson & Morgan K. Johnson, Kaufman Dolowich & Voluck LLP, Chicago, IL.
  • Rs: (CSInc) Geoffrey W. Millsom & Brenna A. Force, Adler Pollock & Sheehan, Providence, RI. OSC.
  • Rs: (CISCorp) Jeffrey S. Dunlap, Ulmer Berne LLP, Cleveland, OH. OSC and Adam R. Bennett, Ulmer & Berne LLP, Columbus, OH. OSC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Hamlin v. Raymond James

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-01364

Products

NP

Issue Date

2020-11-04

Situs

Portland

State

OR

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 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's request for reformation of his Form U5 record.

Notes

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

Arbitrators

David William Hickman, JD

Broker-Dealers Named

Raymond James Financial Services Incorporated

Professionals

  • Cs: (TBH) Dochtor Kennedy & Harris Freedman, AdvisorLaw LLC, Westminster, CO.
  • Rs: (RJFSInc) Timothy W. Snider, Stoel Rives LLP, Portland, OR. OSC.

TypeDisp

CustomerMember

Allegation I

Suitability

Short Caption

Nevares Bengoechea v. Santander Securities

Allegation II

Misreprestn

Forum

FINRA

Allegation III

BreachContract

Docket No

19-02305

Products

MuniSecs

Issue Date

2020-10-29

Situs

San Juan

State

PR

Clmd Compensatory

300.0

Total Amt Awarded

Equity

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 granted Respondent broker-dealer's Pre-Hearing Motion to Dismiss pursuant to FINRA Rule 12206(a) of the Code (Six-year Eligibility Rule). The customer's claims involved the purchase of Puerto Rico closed-end bond funds.

Notes

Pre-Hearing Adjudication -- Full Dismissal. Rescission Requested. All-Public Panel. Arbitrator Remarks -- Explained Award.

Arbitrators

Ronald Stephen Robins - Chair; David A. Schuler; Thomas Fred Meyer

Broker-Dealers Named

Santander Securities LLC

Professionals

  • Cs: Mohammad R. Nasereddin, Zamansky LLC, New York, NY.
  • Rs: (SSLLC) Gabriel A. Miranda-Rivera, O'Neill & Borges, San Juan, PR. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Neuenschwander v. Sanders Morris

Allegation II

Forum

FINRA

Allegation III

Docket No

20-00901

Products

Annuities

Issue Date

2020-10-27

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

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Lynne M. Gomez, Esq.

Broker-Dealers Named

Sanders Morris Harris Incorporated

Professionals

  • Cs: (JAN) Benjamin Winograd & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (SMHInc) Steve Mangold, Chartered Financial Consultant, Houston, TX. ISC.

TypeDisp

CustomerMember

Allegation I

UnauthTdg

Short Caption

Pitaud v. Mercer Global

Allegation II

Misreprestn

Forum

FINRA

Allegation III

Suitability

Docket No

20-00017

Products

Equity

Issue Date

2020-10-29

Situs

Richmond

State

VA

Clmd Compensatory

220.0

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 All-Public Panel granted Respondent broker-dealer's Motion for Directed Verdict pursuant to FINRA Rule 12504 (not involved with the security, product, or account in dispute) after finding that said Respondent broker-dealer did not have a fiduciary relationship with the customer.

Notes

Directed Verdict -- Full Dismissal. All-Public Panel. Arbitrator Remarks.

Arbitrators

James W. (Jim) Geiger - Chair; Joseph J. Dougherty, JD; Geoffrey A. Drucker

Broker-Dealers Named

Mercer Global Advisors Incorporated; TD Ameritrade Incorporated

Professionals

  • Cs: Pro se.
  • Rs: (TDAInc) Amanda H. Wright, Omaha, NE. ISC.
  • Rs: (MGAInc) No-show. -- Did not voluntarily submit to arbitration.

TypeDisp

SmallClms

Allegation I

Negligence

Short Caption

Pratico v. Questar Capital

Allegation II

BreachFiducDty

Forum

FINRA

Allegation III

Supervision

Docket No

20-00430

Products

DirectInvesmts

Issue Date

2020-11-06

Situs

Montpelier

State

VT

Clmd Compensatory

24.0

Total Amt Awarded

24.0

Compensatory Awarded

24.0

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 Arbitrator holds Respondent broker solely liable to a customer for compensatory damages relating to her investment in Future Income Payments LLC. Respondent broker-dealer is found not liable on the claims of the customer.

Notes

Please Note* This matter proceeded pursuant to Rule 12800 of the Code. Rs Questar Capital Corporation was not assessed any portion of the awarded amount. Rs Louis Maurice Olave was assessed.

Arbitrators

Louis H. Miron, Esq.

Broker-Dealers Named

Questar Capital Corporation

Professionals

  • Cs: Jason J. Kane, Peiffer Wolf et al., Pittsford, NY.
  • Rs: (QCCorp) Mark S. Enslin, Ballard Spahr LLP, Minneapolis, MN. OSC.
  • Rs: (LMO) Christopher T. Roach, Roach Ruprecht et al., Portland, ME.
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