UPDATE : ARBchek

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

New Award Briefs

Report Dated: 2025-03-10

2025-06

Primary Sort

Secondary Sort

Dispute Information

Damages*

TypeDisp

CustomerMember

Allegation I

Suitability

Short Caption

Duell v. Morgan Stanley

Allegation II

BreachFiducDty

Forum

FINRA

Allegation III

Supervision

Docket No

23-01951

Products

CorpDebt; Equity

Issue Date

2025-02-26

Situs

Los Angeles

State

CA

Clmd Compensatory

750.0

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 (Individually and on behalf of their respective IRAs) settle their case against Respondents involving their investments in bonds and preferred stocks. Non-Party broker is granted his request for expungement of this matter from his CRD record.

Notes

This is a Stipulated Award. Rescission Requested. All-Public Panel. Arbitrator Remarks -- Expungement granted.

People & Entities

Arbitrators

Joyce L. Hurley - Chair; Rosa Linda Guadarrama; Randall William Clow

Broker-Dealers Named

Morgan Stanley; Stifel Nicolaus & Company Incorporated

Professionals

  • Cs: Matt Wolper, Wolper Law Firm, Plantation, FL.
  • Rs: (MSSBLLC) Alan D. Romero, Morgan Stanley Wealth Management Legal and Compliance Division, San Francisco, CA. ISC.
  • Rs: (SN&CInc) Kendra S. Canape & Rachel A. Weitzman, Gordon Rees et al., Irvine, CA. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Zhong v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

23-02905

Products

Options

Issue Date

2025-02-18

Situs

San Francisco

State

CA

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 Panel provides background information and explains why it has decided to grant a broker's request for expungement of a complaint from her CRD record despite the objection of the customer after finding that said broker met the high burden of proof for awarding such relief.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Ronald Chun - Chair; Vivian L. Kral, Esq.; Timothy P. Bogan, CPA

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (JYZ) Anthony J. Borrelli & Rebecca A. Borgese, Riker Danzig LLP, Morristown, NJ.
  • Rs: (UBSFSInc) Melissa J. Gworek, UBS Business Solutions US LLC, Nashville, TN. ISC.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Pinkas v. LPL Financial

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

24-00701

Products

NP

Issue Date

2025-02-25

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 her request for reformation of defamatory information from appearing on her Form U5 record.

Notes

Arbitrator Remarks -- Reformation U-5 granted.

Arbitrators

Philip Aaron Tymon, JD

Broker-Dealers Named

LPL Financial LLC

Professionals

  • Cs: (CP) Austin Davis, HLBS Law, Broomfield, CO.
  • Rs: (LPLFLLC) Kelsey Vasko, San Diego, CA. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Hobart v. Morgan Stanley

Allegation II

Forum

FINRA

Allegation III

Docket No

24-02051

Products

Options

Issue Date

2025-02-21

Situs

San Francisco

State

CA

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

Broker wins expungement of a customer complaint from appearing on her CRD record.

Notes

Arbitrator Remarks -- Expungement granted.

Arbitrators

Mary Kathleen Coleman - Chair; Robert H. Putnam, Jr., Esq.; Kirtley M. Thiesmeyer, Esq.

Broker-Dealers Named

Morgan Stanley

Professionals

  • Cs: (SPH) David I. Hantman, Bressler Amery & Ross, New York, NY.
  • Rs: (MSSBLLC) Suzette J. Barnes, Morgan Stanley Wealth Management, San Francisco, CA. ISC.

TypeDisp

SmallClms

Allegation I

Suitability

Short Caption

Malen v. Stifel Nicolaus

Allegation II

Misreprestn

Forum

FINRA

Allegation III

BreachFiducDty

Docket No

24-02128

Products

MuniSecs

Issue Date

2025-02-20

Situs

Los Angeles

State

CA

Clmd Compensatory

1.8

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 investor alleging he was invested in unsuitable municipal bonds loses his case.

Notes

Please Note* This matter proceeded pursuant to Rule 12800 of the Code. Cs did not request a hearing.

Arbitrators

Kendall C. Reed, Esq.

Broker-Dealers Named

Stifel Nicolaus & Company Incorporated

Professionals

  • Cs: Pro se.
  • Rs: (SN&CInc) Kendra S. Canape & Rachel A. Weitzman, Gordon Rees et al., Irvine, CA. OSC.

TypeDisp

MemberEmployee

Allegation I

BreachContract

Short Caption

Investment Planners v. Rhee

Allegation II

Forum

FINRA

Allegation III

Docket No

24-00128

Products

NP

Issue Date

2025-02-18

Situs

Chicago

State

IL

Clmd Compensatory

260.0

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

Claimant broker-dealer loses its breach of contract claim against registered representative.

Notes

None.

Arbitrators

Theodore W. Wrobleski, Esq. - Chair; Marilee Roberg, JD; Kenneth R. Weigand

Broker-Dealers Named

Investment Planners Incorporated

Professionals

  • Cs: (IPInc) Alan M. Wolper & Morgan Johnson, UB Greensfelder LLP, Chicago, IL. OSC.
  • Rs: (PKHR) Rob Moses, RJM Counsel PLLC, New York, NY.

TypeDisp

CustomerMember

Allegation I

FailToObey

Short Caption

Cantrelle v. LPL Financial

Allegation II

BreachFiducDty

Forum

FINRA

Allegation III

Supervision

Docket No

23-01194

Products

NP

Issue Date

2025-02-18

Situs

New Orleans

State

LA

Clmd Compensatory

500.0

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 Claimant alleging that Respondent registered representative allowed improper account transfers against her directives and interfered with her authority over her parents well-being by creating a new Power of Attorney settles her case against Respondents. Respondent registered representative is granted his request for expungement of this matter from his CRD record.

Notes

This is a Stipulated Award. All-Public Panel. Arbitrator Remarks -- Expungement granted.

Arbitrators

Mark A. Myers. Esq. - Chair; Lynne R. Stern; Valerie Turner Schexnayder

Broker-Dealers Named

LPL Financial LLC; Galiano Wealth Management Group LLC

Professionals

  • Cs: Charles Benjamin Landry, Attorney-at-Law, Lafayette, LA.
  • Rs: (LPLFLLC, RJG & GWMGLLC) John W. Joyce & Mithun B. Kamath & Lance W. Waters, Barrasso Usdin et al., New Orleans, LA. OSC.

TypeDisp

MemberEmployee

Allegation I

LoanDefault

Short Caption

Wells Fargo v. Kientz

Allegation II

BreachContract

Forum

FINRA

Allegation III

Misreprestn

Docket No

24-00974

Products

PromissoryNote

Issue Date

2025-02-25

Situs

Helena

State

MT

Clmd Compensatory

269.5

Total Amt Awarded

280.0

Compensatory Awarded

269.5

Punitive Damage Awarded

Attorney Fees Awarded

10.5

* 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

A non-appearing registered representative is held liable for the amounts due and owing pursuant to a promissory note agreement he executed as part of his employment with Claimant broker-dealer.

Notes

Arbitrator Remarks.

Arbitrators

Jonathan H. Krotinger, Esq.

Broker-Dealers Named

Wells Fargo Clearing Services LLC

Professionals

  • Cs: (WFCSLLC) Stephen J. Steinlight, Troutman Pepper et al., New York, NY. OSC.
  • Rs: (JTK) No-show.

TypeDisp

SmallClms

Allegation I

Misappropriatn

Short Caption

Quinton v. Charles Schwab

Allegation II

Operations

Forum

FINRA

Allegation III

Docket No

24-01486

Products

NP

Issue Date

2025-02-26

Situs

Charlotte

State

NC

Clmd Compensatory

9.2

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 that Respondent broker-dealer failed to verify the transfer of his funds from his account with them loses his case.

Notes

None.

Arbitrators

Theresa Joan Rosenberg

Broker-Dealers Named

Charles Schwab & Company Incorporated

Professionals

  • Cs: Pro se.
  • Rs: (CS&CInc) James J. Vihstadt, Omaha, NE. ISC.

TypeDisp

SmallClms

Allegation I

Misappropriatn

Short Caption

Dimitri v. Charles Schwab

Allegation II

Fraud

Forum

FINRA

Allegation III

Operations

Docket No

24-02195

Products

*

Issue Date

2025-02-28

Situs

Jersey City

State

NJ

Clmd Compensatory

13.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

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

Case Summary

In this small claims arbitration, a customer alleging that Respondent broker-dealer allowed a fraudulent wire transfer to be executed by an unauthorized third-party loses her case.

Notes

Please Note* This matter proceeded pursuant to Rule 12800 of the Code. The Customer/Claimant did not request a hearing.

Arbitrators

Kenneth J. Horowitz

Broker-Dealers Named

Charles Schwab & Company Incorporated

Professionals

  • Cs: Pro se.
  • Rs: (CS&CInc) Joelle A. Simms, Westlake, TX. ISC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Weber v. Aegis Capital

Allegation II

Forum

FINRA

Allegation III

Docket No

20-01407

Products

NP

Issue Date

2025-02-28

Situs

New York

State

NY

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

Although withdrawing four of his requests for expungement, a broker still loses his remaining request for expungement of another customer complaint from his CRD record.

Notes

None.

Arbitrators

Ted M. Rosen, Esq.

Broker-Dealers Named

Aegis Capital Corporation

Professionals

  • Cs: (HW) Avinoam Rosenfeld, The Rosenfeld Law Office PLLC, Lawrence, NY.
  • Rs: (ACCorp) Kevin Meade, New York, NY. ISC.

TypeDisp

MemberCustomer

Allegation I

DebitBalance

Short Caption

Cobra Trading v. Ince

Allegation II

BreachContract

Forum

FINRA

Allegation III

UnjustEnrichment

Docket No

24-02217

Products

Equity; Margin

Issue Date

2025-02-26

Situs

New York

State

NY

Clmd Compensatory

42.4

Total Amt Awarded

40.2

Compensatory Awarded

40.2

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 non-appearing customer is held liable to Claimant broker-dealer for the negative balance due and owing as a result of a margin debit that he incurred in his account after the liquidation of AVGR stock.

Notes

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

Arbitrators

Sandra J. Mullings, Esq.

Broker-Dealers Named

Cobra Trading Incorporated

Professionals

  • Cs: (CTInc) Chifeng (Frank) Jiang, Carrollton, TX. ISC.
  • Rs: No-show.

TypeDisp

EmployeeMember

Allegation I

Reformation(U-5)

Short Caption

Cook v. JPMorgan Distribution

Allegation II

Defamation

Forum

FINRA

Allegation III

Docket No

24-01592

Products

NP

Issue Date

2025-02-28

Situs

Columbus

State

OH

Clmd Compensatory

0.0

Total Amt Awarded

0.0

Compensatory Awarded

0.0

Punitive Damage Awarded

Attorney Fees Awarded

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

Case Summary

An Arbitrator explains why he has decided to deny a registered representative's request for reformation of his Form U5 record, finding that the information submitted by Respondent broker-dealer on his Form U5 is accurate, truthful, and complies with FINRA rules and regulations.

Notes

Arbitrator Remarks.

Arbitrators

Robert J. Scafuri, Esq.

Broker-Dealers Named

JPMorgan Distribution Services Incorporated

Professionals

  • Cs: (CMC) Dochtor Kennedy & Austin Davis, AdvisorLaw LLC, Broomfield, CO.
  • Rs: (JPMDSInc) Emma M. Tomsick, UB Greensfelder LLP, Cleveland, OH. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Chaves v. UBS Financial

Allegation II

Forum

FINRA

Allegation III

Docket No

23-02822

Products

MuniSecs

Issue Date

2025-02-21

Situs

San Juan

State

PR

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

Registered Rep is awarded expungement of six customer complaints from his CRD record involving the purchase of Puerto Rican bonds.

Notes

Panel composition issue. Arbitrator Remarks -- Expungement granted.

Arbitrators

Christopher J. Klein, Esq.

Broker-Dealers Named

UBS Financial Services Incorporated

Professionals

  • Cs: (JAC) Russell Del Toro Parra III & Linette Figueroa-Torres, Toro Colon Mullet PSC, San Juan, PR.
  • Rs: (UBSFSInc) Rey F. Medina-Velez, Sanchez/LRV LLC, San Juan, PR. OSC.

TypeDisp

EmployeeMember

Allegation I

Expungement(CRD)

Short Caption

Farley v. Kalos Capital

Allegation II

Forum

FINRA

Allegation III

Docket No

23-02913

Products

DirectInvesmts

Issue Date

2025-02-20

Situs

Columbia

State

SC

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

Registered Rep wins expungement of a customer complaint from his CRD record after the Arbitrator found that said complaint under FINRA Rule 2080(b)(1)(A) and (B) to be factually impossible or clearly erroneous and that he was not involved in the alleged investment-related sales practice violation.

Notes

Panel composition issue. Arbitrator Remarks -- Expungement granted.

Arbitrators

Patricia Ann Tracey, Esq.

Broker-Dealers Named

Kalos Capital Incorporated

Professionals

  • Cs: (JAF) Alex Padla & Dochtor Kennedy, AdvisorLaw LLC, Broomfield, CO.
  • Rs: (KCInc) Carol Wildermuth, Chief Financial Officer, Jacksonville, FL. ISC.
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