The causes of action relate to Claimant's allegation that Respondent filed an inaccurate and defamatory Form U5.
2. Expungement of Claimant's Form U5 (and the accompanying Disclosure Reporting Page in its entirety), or, in the alternative, a substitution of alternate language to be provided by Claimant at the hearing; 3. A directive to expunge the customer complaint pursuant to FINRA Rule 2080 . . . SIDE BAR: Just by way of a brief recap, Claimant Chiarito filed a FINRA Arbitration over an allegedly inaccurate and defamatory Form U5. What was it about the U5 that she was upset? As best we can tell, it had something to do with the characterization by Mutual of Omaha of a customer complaint on her Form U5.
[B]y Order dated May 30, 2019, the Panel denied the Joint Motion without prejudice and stated that the parties may resubmit the Joint Motion, along with the proposed Award, for the Panel's consideration at the conclusion of the expungement hearing.
On June 3, 2019, Claimant submitted a letter formally withdrawing the request for expungement of the customer complaint pursuant to FINRA Rule 2080.On June 6, 2019, the parties submitted a stipulated request to FINRA to set a prehearing conference to address the Joint Motion By Order dated June 7, 2019, the Panel requested that the parties provide copies of Claimant's BrokerCheck Report, Individual [CRD] Snapshot, Forms U4 and U5 that contain the language that Claimant wished to expunged, and any documents concerning settlement or other disposition of the claims asserted by Claimant.
1. a customer complaint from her industry record; and2. her Form U5 or, in the alternative, the revision of same. Abbott: You throw the ball to first base. Costello: Then who gets it? Abbott: Naturally. Costello: Naturally. Abbott: Now you've got it. Costello: I throw the ball to Naturally. Abbott: You don't! You throw it to Who! Costello: Naturally.
Terminated for a misunderstanding of the policies and procedures regarding disclosed outside business activities.
A non-customer of the firm alleges the representative did not disclose the downside risk of his investment. The individual requests return of his investment of $25,000.
Costello: Now I throw the ball to first base, whoever it is drops the ball, so the guy runs to second. Who picks up the ball and throws it to What. What throws it to I Don't Know. I Don't Know throws it back to Tomorrow -- a triple play. Abbott: Yeah, it could be. Costello: Another guy gets up and it's a long fly ball to Because. Why? I don't know. He's on third, and I don't give a darn! Abbott: What was that? Costello: I said, I DON'T GIVE A DARN! Abbott: Oh, that's our shortstop!