* 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 she was not informed that she would have to pay an unnecessary tax liability relating to her investment in an annuity settles her case against Respondents. Non-Party broker is awarded expungement of this matter from this CRD record.
Notes
This is a Stipulated Award. Rescission Requested. All-Public Panel. Arbitrator Remarks -- Expungement granted.
* Damage field dollar figures are divided by 1,000 and rounded to the nearest $100; e.g., $2,500 appears as" 2.5."
Case Summary
An All-Public Panel grants Respondents Pre-Hearing Motion to Dismiss without prejudice pursuant to FINRA Rule 12206 of the Code (Six-year Eligibility Rule) after finding the Customer's claims to be ineligible for arbitration as more than six years have passed since the event giving rise to the issues in dispute.
* 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, although an Arbitrator awards the customers compensatory damages, the amount awarded was reduced by fifty percent due to their contributory negligence.
Notes
Please Note* This matter proceeded pursuant to Rule 12800 of the Code. Cs did not request a hearing. Arbitrator Remarks.
* 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 (as Executor of an Estate) alleging elder abuse among other claims is awarded over $3.3 million in compensatory damages as well as nearly $18 thousand in expert witness fees relating to an investment in AFLAC Inc. stock.
Notes
Big $s. Majority Public Panel.
Arbitrators
Michael J. Ahlstrom, Esq. - Chair; Stephen Louis Wright; Gary Samuel Alpert
* 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 Respondent broker-dealer's Motion to Dismiss (Motion for Directed Verdict) Claimant's request for reformation of his Form U5 record on statute of limitation grounds (FINRA Rule 13206 - Six-year Eligibility Rule for Industry Disputes).
Notes
Please Note* This matter proceeded pursuant to Rule 13800 of the Code. Directed Verdict -- Full Dismissal. Arbitrator Remarks.
* 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 orders the amendment of the comment field (Item 24) from the Disclosure Reporting Pages related to Occurrence Number 2172279 of Claimant's Form U5 record but otherwise denies his request for expungement with prejudice.
Notes
Arbitrator Remarks -- Reformation U-5 granted.
Arbitrators
Roger M. Deitz, Esq. - Chair; Mark C. Watler, JD; Mary Elizabeth Skelnik
Broker-Dealers Named
Capitol Securities Management Incorporated
Professionals
Cs: (AMM) None.
Rs: (CSMInc) David J. Freniere, Freniere Law Group PLLC, Wellesley, MA. OSC.
* 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 held liable to Claimant broker-dealer for damages due and owing under the terms of an executed Promissory Note. Said Registered Rep loses his Counterclaim for damages.
Notes
Arbitrator Remarks.
Arbitrators
Edmund Timothy Donovan - Chair; Richard W. Vallario, Esq.; Peter Bennett, Esq.
Broker-Dealers Named
Spartan Capital Securities LLC
Professionals
Cs: (SCSLLC) Robert Rabinowitz, Becker New York PC, Red Banks, NJ. OSC.
Rs: (STB) Daniel J. Kaiser, Kaiser Saurborn & Mair, New York, NY.
* 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 alleging he was wrongfully terminated from Respondents' Board of Directors and that Respondents misappropriated trade secrets with respect to the FLIRT technology and seeking compensation for unpaid wages among other things, is awarded nearly $500,000 in compensatory damages. Respondents lose their Counterclaim for breach of fiduciary/duty of loyalty.
Notes
Rs Atreyu Group LLC dba Atreyu Trading and John Pyrovolakis were not assessed any portion of the awarded amount. Rs Atreyu Group Holdings Corporation was assessed. PHL -- Court Ordered Arbitration.
Arbitrators
Howard D. Jacob, Esq. - Chair; Susan Hoyt; Lorraine Diane Mandel
Broker-Dealers Named
Atreyu Group LLC dba Atreyu Trading; Atreyu Group Holdings Corporation
* 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 his CRD record after the authorized representative of state securities regulators for the State of California objected to said relief.
Notes
None.
Arbitrators
Brian James Tagtmeier - Chair; David I. Levine, Esq.; Theresa Joan Rosenberg
Broker-Dealers Named
Cetera Advisors LLC
Professionals
Cs: (NFT) Peter Lindholm, HLBS Law, Broomfield, CO.
Rs: (CALLC) David Feldstein, Cetera Financial Group, New York, NY. ISC.
* 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 provides factual background and explains why he has decided to grant a broker's request for expungement of two customer complaints from his CRD involving the purchase of Puerto Rican securities.
* 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 a broker his request for expungement of two customer complaints from appearing on his CRD record after finding said complaints to be clearly erroneous under FINRA Rule 2080.
* 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 on a Promissory Note Agreement.
Notes
None.
Arbitrators
G. Maynard Green, JD
Broker-Dealers Named
Wells Fargo Clearing Services LLC
Professionals
Cs: (WFCSLLC) Keith J. Barnett, Troutman Pepper et al., Atlanta, GA. OSC.
Rs: (LEB) No-show.
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