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First Medical Capital Arbitration Award Decided
June 1, 2010 @ 2:48 pm
   

In May, Marilyn Hazell won a $400,000 Finra arbitration claim against Peak Securities Corp., claiming breach of contract, breach of fiduciary duty, negligence and fraud stemming from the purchase of notes offered by Medical Provider Funding Corp. VI.

Those notes are at the center of a Securities and Exchange Commission fraud complaint issued last summer. The SEC charged Medical Capital Holdings Inc., the parent company of the issuer, with fraud in the sale of $77 million in notes. Dozens of independent broker-dealers sold the notes.

A scan of the Finra database of a...

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US Court of Appeals for the 3rd Circuit holds that Judges, and Not Arbitrators Must Decide The Enforceability of Class Action Waivers in Arbitration Clauses
May 12, 2010 @ 8:04 am
   

 Judges, and not arbitrators, should decide questions relating to the enforceability of a class action waiver in an arbitration clause because such questions present issues of "arbitrability" that are properly decided by courts, an en banc panel of the 3rd U.S. Circuit Court of Appeals has ruled.

"An unconscionability challenge to the provisions of an arbitration agreement is a question of arbitrability that is presumptively for the court, not the arbitrator<...

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FINRA Fines Five Firms for sale of 7.5 Billion Shares of Unregistered Universal Express Stock
May 7, 2010 @ 11:43 am
    FINRA Fines Five Firms $385,000 for Sale of Unregistered Securities, Other Violations Relating to Penny Stocks

Together, the Firms Sold 7.5 Billion Shares of Unregistered Universal Express Stock; Fagenson & Co. Also Found to Have Inadequate Anti-Money Laundering Program

 

Washington, DC — The Financial Industry Regulatory Authority (FINRA) announced today that it has fined five broker-dealers a total of $385,000 for the illegal sale of more than 8 billion shares of penny stock on behalf of their customers. Most of thos...

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Finra bars Ex-Morgan Stanley rep for allegedly bilking 97-year-olds charity
January 18, 2010 @ 6:14 pm
   A former Morgan Stanley broker was barred today by the Financial Industry Regulatory Authority Inc. for allegedly misappropriating $11,156.47 from the charitable foundation of a 97-year-old nursing home resident who was his client for more than 20 years.

John Edward Mullins allegedly began to misuse the funds of his client, Esther Weil, after she became ill in April 2006 and needed 24-hour nursing care, Finra said in a statement.

Within three months of her becoming ill, Mr. Mullins misappropriated $4,000 to pay for a vacation at the Four Seasons in London, $5,500 toward his persona...

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Stock Broker Arbitration Claims Up 49% From 2007
December 13, 2009 @ 8:22 am
   According to the latest figures from the Financial Industry Regulatory Authority (FINRA), through October 2008, investment arbitration claims are up 49% from 2007. In addition, during the first 10 months of 2008, more cases have been already been filed than were filed in all of last year

Most brokerage agreements contain provisions that any disputes between the investor and the broker must be submitted to binding arbitration through FINRA, which oversees about 5,000 different firms throughout the United States

Stock broker arbitration claims are filed by investors w...

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