An irreverent Wall Street Blog
by Bill Singer
 
Join BrokeAndBroker blog on Facebook  Follow the BrokeAndBroker blog on Twitter  Connect with BrokeAndBroker on LinkedIn  Join Bill Singer on Google+  Subscribe to RSS Feed

FINRA Arbitrators Wrestle With Considerable Confusion In Wells Fargo Employment Case
Written: April 17, 2012

In a Financial Industry Regulatory Authority (“FINRA”) Arbitration Statement of Claim filed in March 2011, claimant Schlesinger alleged breach of contract and sought $1 million in compensatory damages, punitive damages, costs, and attorneys’ fees. Also, Claimant sought a declaration that Respondent/Counter-Claimant Wells Fargo Advisors, LLC may not enforce the promissory note against Claimant.

In the Matter of the FINRA Arbitration Between:

Jason Martin Schlesinger, Claimant

vs.

Peter Yan Hong; Wallace Lawrence Key; Wells Fargo Advisors, LLC, Respondents

Wells Fargo Advisors, LLC, Counter-Claimant

vs.

Jason Martin Schlesinger, Counter-Respondent

(FINRA Arbitration  11-01116, April 13, 2012).

Claimant alleged that he was fraudulently induced to join Wachovia Securities by being promised

  • a position in which he would be the sole broker in a start-up hub office specializing in high net worth investors; and
  • that he would have access to a pool of names of so called orphan accounts left from a previous merger of Wachovia Securities and Gold West World Savings.

Claimant contends that it was his understanding that, at first, he would at least be the only broker in the office, which would entitle him to receive all the leads of the bankers in the new office.

Respondents generally denied the allegations, and asserted various affirmative defenses.

Counter-Claim

In its Counterclaim, Respondent/Counter-Claimant Wells Fargo Advisors, LLC asserted that Claimant breached a promissory note executed by Claimant on April 14, 2008.  That April 14th Note was executed for $925,306 when Claimant joined Wachovia Securities.  On July 16, 2010, the note “was revised down to $792,776.00.  At the hearing, Respondent/Counter-Claimant requested $734,052.27 for the principal balance due on the promissory note plus 3.25% annual interest, costs,and attorneys’ fees.

AWARD

The FINRA Arbitration Panel found Claimant liable and ordered him to pay to Respondent/Counter-Claimant Wells Fargo Advisors, LLC $734,052.27.

The Panel found Respondent/Counter-Claimant Wells Fargo Advisors, LLC liable and ordered it to pay to Claimant $100,000.00.

The net final award owed by Claimant is $634,052.27.

The Panel offered the following observation:

Although the Panel does not feel there was fraud on the part of the recruiters Respondents Peter Yan Hong and Wallace Lawrence Key, there was considerable confusion on the part of all concerned on why Claimant was paid only $87,000.00 for his first year at Wachovia Securities and how it was calculated.

Bill Singer’s Comment:

A nice, tight, succinct FINRA Arbitration Decision.



 
[^top^]

Previous Entries
April 17, 2014
In this digital age there are still folks who physically cut-and-paste. How quaint. Of course, quaint or not, when you start using the terms "cut-and-... Read On
April 16, 2014
Here's an interesting cocktail of facts: an IRA, a mother, powers of attorney, and a stockbroker son. Add into that mix questions about whether a $60,... Read On
April 15, 2014
Stockbroker, Compliance, Legal, and Regulatory JobsFor a full listing of current job openings, visit the BrokeAndBroker Employment Page ... Read On
April 14, 2014
Auction Rate Securities are the unwanted gift that keeps on giving. In today's BrokeAndBroker.com Blog, we report about yet another bit of collateral ... Read On
April 12, 2014
Citicorp Loses Bizarre Motion To Compel Class Action ArbitrationApril 11, 2014As part of the terms of his employment, former Citicorp Credit Services,... Read On
April 11, 2014
As part of the terms of his employment, former Citicorp Credit Services, Inc. employee Keith Russell had agreed to arbitrate “all employment-related d... Read On
April 10, 2014
Citigroup goes after another former employer to recover a balance on a promissory note. Nothing new here. In this case, the former registered person f... Read On
BrokeAndBroker.com Job Search
Related Topics
Tag Cloud
Internet FINRA Bear Stearns Bloomberg SEC NASD NYSE Money Laundering Due Diligence Waiver Forbes China Chepucavage Broy Woody Allen Madoff NAC NPR Marketplace Stanford UBS Ketchum Antitrust NASDAQ RRBDLAW Schapiro Bill Singer BrokerAndBroker USERRA Brokeandbroker.com Morgan Keegan Arbitration BrokeAndBroker.com Khuzami BrokeAndBroker Aleynikov Goldman Sachs brokeandbroker Promissory Note U4 Bill SInger EFL CFTC Huffington Post Flash Crash arbitration RBC RRBDLAW.com Ponzi Affinity Fraud Wachovia Raymond James BrokeandBroker.com Expungement Fraud Securities Fraud Outside Business Activity Registered Rep Magazine FOREX BrokerAndBroker.com FBI Banc of America Pro Se Supreme Court Morgan Stanley Smith Barney E*Trade Margin email Galleon Penson U5 Defamation Protocol Wells Fargo Punitive Damages Citigroup Merrill Lynch ARS Employee Forgivable Loan Street Legal Morgan Stanley AWC Fidelity Bankruptcy Broke And Broker HFT David Sobel Day Trading Ameriprise Commissions Spouse Schwab CRD Kenneth Starr IRS CNBC Complaint ATM Skimming Hacking Phishing Malware Naskovets Poteroba Koval Lincoln Financial Selling Away Outside Business Activities Rakoff 2nd Circuit Second Circuit IRA 401k Forgery Tax RRBDlaw.com Email Netschi Moore Whistleblower Street Sweeper Tran Bharara Facebook Online Severance Bonus Eligibility Rule TD Ameritrade Hedge Fund SAC 1099 Smith Barney Lehman Brothers IC3 Scottrade Lehman JPMorgan Chase Hertz Insider Trading Bank of America Elles Bribe Auction Rate Securities Raiding Spam Edward Jones Medicare Diabetes Dow Schumer Walter Bid Rigging Real Estate Discrimination Wall Street Statutory Disqualification Form U4 Form U5 Indictment Boyland DOJ Corruption bill singer FTC Do Not Call FINRA Arbitration Costa Rica Settlement LIBOR Varney Plea Rule 8210 RRBDlaw Appeal Fowler LPL Johnson US Airways Reg D MSSB Vault Loan SunTrust Discovery Employment Rosenthal Recruiting Lawyer Trading Platform JP Morgan Employment Tuesday Wrongful Termination Bank Guarantee WaMu Solicitation REIT Martin Credit Cards Away Account Credit Repair PN Advisor Placement Group Forex Mortgage Private Placement Moon Merrill Anderson Exam Lee Borrowing Tax Lien Conversion Oppenheimer Wedbush Felony Misdemeanor Expenses ING Lien OTR Estate Jobs Florida Credit Card Elderly Flash Drive Annuity FNMA BrokeAndBroke TIC DWI Promissory Notes Suitability Will POA Power of Attorney Casino NSF MF Global Counterfeit Preet Bharara Corzine Hacker Prison NASAA Aguilar FCPA Identity Theft Gold Dell Bar Injunction Bank Deutsche Bank God HSBC Private Placements Eric Stein Wire Fraud CCO Joshua Brown Backstage Wall Street Obstruction of Justice Retaliation Variable Annuity Outside Account Options Telephone Wine Social Media ADA Pacifico Non-Prosecution Agreement Confirm Tax Fraud Retirement OBA Equity Indexed Annuities EIA MetLife Continuing Education Impersonation Annuities BBVA Business Expenses OIP ETF JOBS Act Mail Fraud Parking Variable Annuities Signatures BitTorrent Wire Transfer Wire Crowdfunding Nasdaq Away Accounts WSP Laptop Dodd Frank Checks PST Solicited Unsolicited Congress SRO Wife Discretion Non-Solicitation Restaurant Commodities Private Securities Transaction Offer of Settlement employment jobs Great Recession Chase Investment Services Barclays Willful Apple Time And Price T&P Husband Letter of Authorization LOA Knight Test Practice Sale Unfair Competition Signature Judgments Undisclosed Settlement Trainee Fee Trust Laser Side Bar Mattera Female Sales Assistant Kennedy Argentina Judgment Bank Fraud TSSB Trustee Frumento 6th Circuit Proctor Beneficiary NYAG Schneiderman Gallagher White Compromise Website Supervision Piwowar signature VA
 
Email Bill Singer Connect with Bill Singer on Facebook Follow Bill Singer on Twitter Link up with Bill Singer on LinkedIn Join Bill Singer on Google+