UPDATE : ARBchek

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

New Award Briefs

Report Dated: 2021-03-31

2021-11

Primary Sort

Secondary Sort

Dispute Information

Damages*

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Glenn v. United Planners' Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01516

Products

DirectInvesmts; RealEstate

Issue Date

2021-03-09

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 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.

People & Entities

Arbitrators

Sally G. Williams

Broker-Dealers Named

United Planners' Financial Services of America, A Limited Partnership

Professionals

  • Cs: (JDG) Zachary T. Hayes-Macaluso, FA Expungement LLC, Denver, CO.
  • Rs: (UPFSALP) Joseph Zachary, Scottsdale, AZ. ISC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Lenihan v. TCFG Wealth Management

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-01919

Products

NP

Issue Date

2021-03-08

Situs

Los Angeles

State

CA

Clmd Compensatory

2.8

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 reformation of defamatory information from appearing on his Form U5 record. Said representative loses his request for damages relating to his compensation claim.

Notes

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

Arbitrators

Sandra L. Malek, Esq.

Broker-Dealers Named

TCFG Wealth Management LLC

Professionals

  • Cs: (WOL) None.
  • Rs: (TCFGWMLLC) Deetra Tesla, Laguna Niguel, CA. ISC.

TypeDisp

SmallClms

Allegation I

BreachContract

Short Caption

Sami v. Interactive Brokers

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02897

Products

NP

Issue Date

2021-03-08

Situs

Los Angeles

State

CA

Clmd Compensatory

4.3

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

In this small claims arbitration, an Arbitrator explains in detail why he has decided to deny a customer's case against Respondent broker-dealer finding said case to be without merit. The customer's case involved the use of debit and credit cards to purchase gift cards.

Notes

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

Arbitrators

Kirtley M. Thiesmeyer, Esq.

Broker-Dealers Named

Interactive Brokers LLC

Professionals

  • Cs: Pro se.
  • Rs: (IBLLC) Katherine L. Schuerman, Washington, DC. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Tremblay v. Centaurus Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02988

Products

NP

Issue Date

2021-03-11

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

Claimant broker loses 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.

Arbitrators

Edith N. Dinneen, Esq.

Broker-Dealers Named

Centaurus Financial Incorporated

Professionals

  • Cs: (TNT) Bentley P. Stansbury III, Keesal Young & Logan, Long Beach, CA.
  • Rs: (CFInc) Michael West, Anaheim, CA. ISC.

TypeDisp

CustomerMember

Allegation I

Misreprestn

Short Caption

Friesen Trust v. UBS Financial

Allegation II

Negligence

Forum

FINRA

Allegation III

BreachFiducDty

Docket No

19-03790

Products

Options

Issue Date

2021-03-08

Situs

Denver

State

CO

Clmd Compensatory

0.0

Total Amt Awarded

1044.3

Compensatory Awarded

1044.3

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

Respondent broker-dealer is held liable to two customer trusts for over $1 million in compensatory damages relating to their investment in the UBS Yield Enhancement Strategy program. A Non-Party broker loses his request for expungement of this matter from his CRD record.

Notes

Big $s. All-Public Panel.

Arbitrators

Leonard M. Goldstein - Chair; Charles G. Michaels, Esq.; Henry R. Cox, JD

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: Alan C. Friedberg, Berg Hill et al., Boulder, CO.
  • Rs: (UBSFSInc) Christian T. Kemnitz & Patrick Smith, Katten Muchin Rosenman LLP, Chicago, IL. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Shoffner v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01903

Products

MutualFunds

Issue Date

2021-03-12

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

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

Notes

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

Arbitrators

Anita Rae Shapiro, Esq.

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (JPS) Zachary T. Hayes-Macaluso, FA Expungement LLC, Denver, CO.
  • Rs: (UBSFSInc) Omar Perez, UBS Business Solutions US LLC, Nashville, TN. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Uribe v. LPL Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02869

Products

NP

Issue Date

2021-03-09

Situs

Washington

State

DC

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

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

Case Summary

A registered representative is awarded expungement of a customer complaint from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Douglas Earl McLaren, Esq.

Broker-Dealers Named

LPL Financial LLC

Professionals

  • Cs: (DOU) N. Nancy Ghabai, Ghabai Law Group LLC, Boston, MA.
  • Rs: (LPLFLLC) Sara B. Davis, Boston, MA. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Girgis v. Ameriprise Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02374

Products

NP

Issue Date

2021-03-11

Situs

Wilmington

State

DE

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

John James McGovern, Jr., Esq.

Broker-Dealers Named

Ameriprise Financial Services LLC

Professionals

  • Cs: (CMG) Dochtor Kennedy & Chelsea Masters, AdvisorLaw LLC, Westminster, CO.
  • Rs: (AFSLLC) Howard Klausmeier, Minneapolis, MN. ISC.

TypeDisp

CustomerMember

Allegation I

Misreprestn

Short Caption

Johnston v. UBS Financial

Allegation II

Supervision

Forum

FINRA

Allegation III

Negligence

Docket No

19-01535

Products

Options

Issue Date

2021-03-12

Situs

Boca Raton

State

FL

Clmd Compensatory

620.0

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 customer alleging gross negligence and negligent misrepresentation with respect to the purchase of a Yield Enhancement Strategy loses his case against Respondent broker-dealer. Non-Party broker is granted expungement of this matter from his CRD record despite the objection of said customer.

Notes

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

Arbitrators

Richard Carl Smukler - Chair; James W. Geiger, Esq.; Thomas Richard Blake

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: Jeffrey B. Kaplan & Simon Lassel, Dimond Kaplan & Rothstein, Miami, FL.
  • Rs: (UBSFSInc) Anthony J. Borrelli, Riker Danzig et al., Morristown, NJ. OSC and David L. Goldberg, Katten Muchin Rosenman LLP, New York, NY. OSC.

TypeDisp

CustomerMember

Allegation I

Suitability

Short Caption

Godown v. LPL Financial

Allegation II

Misreprestn

Forum

FINRA

Allegation III

Supervision

Docket No

19-03803

Products

VariableAnnuities

Issue Date

2021-03-10

Situs

Tampa

State

FL

Clmd Compensatory

100.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

0.0

Attorney Fees Awarded

0.0

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

Case Summary

A customer voluntarily withdraws with prejudice her claims against Respondent broker-dealer involving the purchase of variable annuities. Non-Party registered representative is awarded expungement of this matter from his CRD record.

Notes

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

Arbitrators

Karimu F. Hill-Harvey, Esq. - Chair; Natalie L. Paskiewicz, Esq.; Jason Paul Ramos

Broker-Dealers Named

LPL Financial LLC

Professionals

  • Cs: Bradford M. Gucciardo, Gucciardo Law Group PA, Lakewood Ranch, FL.
  • Rs: (LPLFLLC) Thomas F. Barnett, Boston, MA. ISC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Braune v. Brickell Global

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-01887

Products

NP

Issue Date

2021-03-09

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 granted his request for reformation of his Form U5 record but loses his request for nominal damages.

Notes

Arbitrator Remarks -- Reformation U-5 granted.

Arbitrators

David P. Slater, Esq.

Broker-Dealers Named

Brickell Global Markets Incorporated

Professionals

  • Cs: (ASB) Harris Freedman, Of Counsel, HLBS Law, Westminster, CO.
  • Rs: (BGMInc) No-show.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Lerner v. Oppenheimer & Company

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01981

Products

MuniSecs

Issue Date

2021-03-12

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 a customer complaint from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Carl Shechter, Esq.

Broker-Dealers Named

Oppenheimer & Company Incorporated

Professionals

  • Cs: (AML) Cory S. Zadanosky, Zadanosky & Associates, Boca Raton, FL.
  • Rs: (O&CInc) Justin D. Dickinson, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Swaine v. Morgan Stanley

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02024

Products

NP

Issue Date

2021-03-11

Situs

Boca Raton

State

FL

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

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

Case Summary

An Arbitrator explains in great detail why he has decided to grant a broker's request for expungement of a customer complaint from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted. Explained Award.

Arbitrators

Seth L. Finkel, Esq.

Broker-Dealers Named

Morgan Stanley

Professionals

  • Cs: (JWS) Robert Wayne Pearce, R.W. Pearce PA, Boca Raton, FL.
  • Rs: (MSSBLLC) Jeremy S. Winer, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Lloyd v. Cetera Advisors

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02525

Products

VariableAnnuities

Issue Date

2021-03-12

Situs

Tampa

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 complaints from her CRD record involving customers investments in variable annuities.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Thomas J. Patka, Esq.

Broker-Dealers Named

Cetera Advisors LLC; Investors Capital Corporation

Professionals

  • Cs: (MML) Stephan Louviere, Louviere Law Firm, Pompano Beach, FL.
  • Rs: (CALLC & ICCorp) David Feldstein, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Porter v. Morgan Stanley

Allegation II

Forum

FINRA

Allegation III

Docket No

20-03063

Products

Equity; ETFs

Issue Date

2021-03-08

Situs

Jacksonville

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 complaints from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Richard S. Zaifert, Esq.

Broker-Dealers Named

Morgan Stanley

Professionals

  • Cs: (JEP) David I. Hantman, Bressler Amery & Ross, New York, NY.
  • Rs: (MSSBLLC) Jeremy S. Winer, Morgan Stanley, New York, NY. ISC.

TypeDisp

SmallClms

Allegation I

MarginLiqdn

Short Caption

Sadur v. E*Trade Securities

Allegation II

FailToObey

Forum

FINRA

Allegation III

BestExecution

Docket No

20-03832

Products

Options; Margin

Issue Date

2021-03-08

Situs

Chicago

State

IL

Clmd Compensatory

38.6

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

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

Case Summary

In this Consolidated Small Claims Award, a customer alleging that Respondent broker-dealer failed to comply with his request for more time to monitor his options positions and sold his positions thus resulting in a margin call, loses his case.

Notes

This is a Consolidated Award. Please Note* This matter proceeded pursuant to Rule 12800 of the Code.

Arbitrators

Gregory G. Gocek

Broker-Dealers Named

E*Trade Securities LLC

Professionals

  • Cs: Pro se.
  • Rs: (ETSLLC) Meredith Hoffman, Roseville, CA. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Arnold v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

20-03035

Products

Equity; CDs

Issue Date

2021-03-11

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 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

James A. McIntosh

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (AWA) Brian Luther, FA Expungement LLC, Denver, CO.
  • Rs: (UBSFSInc) Omar Perez, UBS Business Solutions US LLC, Nashville, TN. ISC.

TypeDisp

CustomerMember

Allegation I

Suitability

Short Caption

Bynum v. Next Financial

Allegation II

Supervision

Forum

FINRA

Allegation III

BreachContract

Docket No

17-02966

Products

DirectInvesmts; HedgeFunds; REITs

Issue Date

2021-03-11

Situs

Boston

State

MA

Clmd Compensatory

900.0

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

A customer settles his claims against Respondent broker-dealer and broker involving investments in hedge funds and REITs. Respondent broker loses his request for expungement of this matter from appearing on his CRD record.

Notes

This is a Stipulated Award. Panel composition issue. Majority Public Panel.

Arbitrators

Gene M. Bauer, Esq. - Chair; Amy Lampert

Broker-Dealers Named

Next Financial Group Incorporated

Professionals

  • Cs: Pro se. Previously represented by: Richard M. Gelb, Gelb & Gelb, Beverly, MA until 12/22/20.
  • Rs: (NFGInc & SAD) Steven N. Fuller, Markun Zusman et al., Wellesley, MA. OSC.

TypeDisp

CustomerMember

Allegation I

Suitability

Short Caption

Polonsky v. Fidelity Brokerage

Allegation II

Supervision

Forum

FINRA

Allegation III

Docket No

19-00007

Products

MutualFunds

Issue Date

2021-03-09

Situs

Boston

State

MA

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

An All-Public Panel denies two customers' claims against Respondent broker-dealer involving their investments in Fidelity Select Biotechnology Fund and Fidelity Select Health Care Fund.

Notes

All-Public Panel.

Arbitrators

Samuel Harrison Chorches, Esq. - Chair; Robert E. Anderson, Esq.; Denise L. Presley, Esq.

Broker-Dealers Named

Fidelity Brokerage Services LLC

Professionals

  • Cs: Alexander Aron Flig, Law Office of A.A. Flig, Canton, MA.
  • Rs: (FBSLLC) Joel M. Everest, Bressler Amery & Ross, Birmingham, AL. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Boukamp v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01824

Products

NP

Issue Date

2021-03-09

Situs

Detroit

State

MI

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

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

Case Summary

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Kevin R. Zehe

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: (JWB) Jonathan M. Sterling, Saretsky Hart et al., Birmingham, MI.
  • Rs: (MLPFSInc) Sarah K. Yates, Bressler Amery & Ross, Birmingham, AL. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Ketel v. Citizens Securities

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02210

Products

NP

Issue Date

2021-03-10

Situs

Manchester

State

NH

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 her request for expungement of a customer complaint from appearing on her CRD record as it was opposed by Respondent.

Notes

None.

Arbitrators

Patricia Gatto Hechavarria, Esq.

Broker-Dealers Named

Citizens Securities Incorporated

Professionals

  • Cs: (BMK) None.
  • Rs: (CSInc) William K. Wray Jr. & Geoffrey W. Millsom, Adler Pollock & Sheehan, Providence, RI. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Leventhal v. Hennion & Walsh

Allegation II

Forum

FINRA

Allegation III

Docket No

20-03159

Products

MuniSecs

Issue Date

2021-03-08

Situs

Jersey City

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Paul Allan Massaro

Broker-Dealers Named

Hennion & Walsh Incorporated

Professionals

  • Cs: (RCL) Jennifer Woods-Burke, Hennion & Walsh Incorporated, Parsippany, NJ.
  • Rs: (H&WInc) Mitra E. Niknam, Parsippany, NJ. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Large v. National Securities

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01572

Products

Equity

Issue Date

2021-03-11

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

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

Notes

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

Arbitrators

Clive I. Morrick

Broker-Dealers Named

National Securities Corporation

Professionals

  • Cs: (RJL) Tosh Grebenik, Judex Law LLC, Broomfield, CO.
  • Rs: (NSCorp) Fred N. Knopf & Emily Hayes, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Smith v. Morgan Stanley

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02064

Products

Equity

Issue Date

2021-03-08

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

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

John F. Duane, Esq.

Broker-Dealers Named

Morgan Stanley DW Incorporated

Professionals

  • Cs: (DBS) Benjamin Winograd & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (MSDWInc) Jeff Palmer, Greenberg Traurig LLP, East Palo Alto, CA. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Camp v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02727

Products

Equity

Issue Date

2021-03-10

Situs

New York

State

NY

Clmd Compensatory

0.0

Total Amt Awarded

Equity

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

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

Case Summary

Claimant broker is granted his request for expungement of three customer complaints from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Susan A. Romano

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

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

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Cogliano v. New England Securities

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02745

Products

NP

Issue Date

2021-03-12

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

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Louis P. Wagman

Broker-Dealers Named

New England Securities Corporation

Professionals

  • Cs: (BRC) Dochtor Kennedy & Kurt Zimmerman, AdvisorLaw LLC, Westminster, CO.
  • Rs: (NESCorp) Martin Harris, Harris & Affiliates Limited, Chicago, IL. OSC.

TypeDisp

CustomerMember

Allegation I

Fraud

Short Caption

Elden Limited v. Pershing LLC

Allegation II

Misreprestn

Forum

FINRA

Allegation III

BreachFiducDty

Docket No

19-03356

Products

CDs

Issue Date

2021-03-12

Situs

Houston

State

TX

Clmd Compensatory

7988.6

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 group of customers seeking over $7 million in damages relating to an alleged Ponzi scheme involving CDs, lose their claims against Respondent broker-dealer.

Notes

Clrg BD dispute. All-Public Panel.

Arbitrators

Allan R. Lazor, Esq. - Chair; Joshua Charles Nelson-Archer; Denise Ereka Peterson

Broker-Dealers Named

Pershing LLC

Professionals

  • Cs: Michael J. Stanley, Stanley Law PC, Houston, TX and Sam Edwards & David Miller, Shepherd Smith et al., Houston, TX.
  • Rs: (PLLC) Thomas M. Farrell, McGuireWoods LLP, Houston, TX. OSC and Jeffrey J. Chapman, McGuireWoods LLP, New York, NY. OSC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Drolet v. Mutual of Omaha

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

20-02393

Products

NP

Issue Date

2021-03-11

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

Claimant registered representative is granted his request for reformation of defamatory information appearing on his Form U5 record.

Notes

Arbitrator Remarks -- Reformation U-5 granted.

Arbitrators

Robert J. Gregory

Broker-Dealers Named

Mutual of Omaha Investor Services Incorporated

Professionals

  • Cs: (BDD) Kurt Zimmerman & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (MOISInc) Trenten P. Bausch & Adam W. Barney, Cline Williams et al., Omaha, NE. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Crockett v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02409

Products

Equity; GovtSecs

Issue Date

2021-03-08

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 registered representative is granted her request for expungement of two customer complaints from her CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Robert J. Gregory

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: (DFC) Michael O'Gara & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (MLPFSInc) Patrick J. Mulligan, Bressler Amery & Ross, Birmingham, AL. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Emanuelson v. Merrill Lynch

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02615

Products

NP

Issue Date

2021-03-11

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

Claimant broker is granted expungement of five customer complaints from appearing on his CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

David A. Schuler

Broker-Dealers Named

Merrill Lynch Pierce Fenner & Smith Incorporated

Professionals

  • Cs: (DHE) Harris Freedman & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (MLPFSInc) Joelle A. Simms, Bressler Amery & Ross, Dallas, TX. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Larochelle v. Cetera Advisors LLC

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02900

Products

REITs

Issue Date

2021-03-11

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

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Lynne M. Gomez, Esq.

Broker-Dealers Named

Cetera Advisors LLC; First Allied Securities Incorporated

Professionals

  • Cs: (CKL) Erika Binnix & Dochtor Kennedy, AdvisorLaw LLC, Westminster, CO.
  • Rs: (CALLC) No-show.
  • Rs: (FASInc) David Feldstein, Cetera Financial Group, New York, NY. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Plemons v. US Bancorp

Allegation II

Forum

FINRA

Allegation III

Docket No

20-02770

Products

NP

Issue Date

2021-03-09

Situs

Seattle

State

WA

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-dealer's Pre-Hearing Motion to Dismiss pursuant to FINRA Rule 13206 (Six-year Eligibility Rule for Industry Disputes) regarding Claimant broker's request for expungement of a customer complaint from appearing on his CRD record.

Notes

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

Arbitrators

Robert M. Stein, Esq.

Broker-Dealers Named

US Bancorp Investments Incorporated

Professionals

  • Cs: (JWP) Dochtor Kennedy & Harris Freedman, AdvisorLaw LLC, Westminster, CO.
  • Rs: (USBIInc) Edward B. Magarian & Trevor Brown, Dorsey & Whitney, Minneapolis, MN. OSC.
Any attempt to use robotics to download Awards posted on this WebSite or to gain access to the Awards on this WebSite in contravention of the Terms of Use Agreement is an unauthorized use, an abuse of the privileges extended to users of this WebSite, and, in our view, a violation of federal law.