When communicating online or investing with any professional, make sure you know who you’re dealing with. Imposters might link to sites like BrokerCheck from phishing or similar scam websites, or through social media , trying to steal your personal information or your money. Please contact FINRA with any concerns.
THE CUSTOMER ALLEGES MISREPRESENTATION REGARDING AN INVESTMENT PURCHASED IN JUNE 2008. COMPENSATORY DAMAGES ARE NOT SPECIFIED.
12/27/2006
Customer Dispute
Denied
Allegations
CLIENT ALLEGES THAT FINANCIAL ADVISOR MADE UNSUITABLE INVESTMENT RECOMMENDATIONS AND UNAUTHORIZED TRADES.
Damage Amount Requested
$500,000.00
8/28/2003
Customer Dispute
Settled
Allegations
CUSTOMERS ALLEGED UNSUITABLE INVESTMENTS IN THEIR ACCOUNTS. THE STATEMENT OF CLAIM ALSO CONTAINED ALLEGATIONS SOLELY AGAINST THE FIRM.
Damage Amount Requested
$500,000.00
Settlement Amount
$100,000.00
Broker Comment
BOTH MERRILL LYNCH AND MR. VALDES DENIED ANY LIABILITY IN THIS MATTER. IN 2000-01, THE CUSTOMERS DECIDED TO INVEST THEIR ACCOUNT IN BETTER PERFORMING EQUITIES, INCLUDING TECHNOLOGY STOCKS AND ENRON. THEY SOUGHT DAMAGES FROM MERRILL LYNCH AND MR. VALDES IN THE WAKE OF THE SUBSEQUENT MARKET DOWNTURN AND BEAR MARKET. AFTER RECEIVING ADDITIONAL INFORMATION, THE CUSTOMERS WITHDREW ALL CLAIMS AGAINST MR. VALDES WITH PREJUDICE. MERRILL LYNCH ULTIMATELY SETTLED THE MATTER TO AVOID THE COSTS, TIME AND VAGARIES OF ARBITRATION, WITHOUT ANY ADMISSION OF LIABILITY.
7/1/2003
Customer Dispute
Settled
Allegations
CLAIMANTS ALLEGE UNSUITABILITY WITH RESPECT TO RECOMMENDATIONS MADE BY THEIR FA AND THE CONCENTRATION MAINTAINED IN THEIR ACCOUNT.
Damage Amount Requested
$800,000.00
Settlement Amount
$120,000.00
Broker Comment
BOTH MERRILL LYNCH AND MR. VALDES DENIED ANY LIABILITY IN THIS MATTER. THE MATTER WAS ONE OF SEVERAL COMPLAINTS BY CUSTOMERS WHO WORKED WITH EACH OTHER RELATING TO LOSSES FROM IPO STOCK THE CUSTOMERS RECEIVED WHEN THEIR EMPLOYER WENT PUBLIC. THE CUSTOMERS DID NOT HEED MR. VALDES' RECOMMENDATION TO DIVERSIFY THEIR HOLDINGS. THE CUSTOMERS WITHDREW ALL COMPLAINTS AGAINST MR. VALDES WITH PREJUDICE. MERRILL LYNCH ULTIMATELY AGREED TO PAY CUSTOMERS TO AVOID THE FURTHER COSTS, TIME AND DISTRACTION OF ARBITRATION, WITHOUT ANY ADMISSION OF LIABILITY.
11/11/2002
Customer Dispute
Settled
Allegations
CLAIMANT ALLEGES THAT HER FINANCIAL ADVISOR DID NOT DO ENOUGH TO ENCOURAGE HER TO DIVERSIFY HER PROTFOLIO THAT WAS INITIALLY CONCENTRATED IN ONE STOCK AND THEN LATER DISSUADED HER FROM SELLING ADDITIONAL SHARES OF THAT STOCK BECAUSE MERRILL LYNCH ANALYSTS RATED THE STOCK HIGHLY. CLAIMANT SEEKS DAMAGES BETWEEN $250,000 AND $400,000.
Damage Amount Requested
$250,000.00
Settlement Amount
$90,000.00
Broker Comment
BOTH MERRILL LYNCH AND MR. VALDES DENIED ANY LIABILITY IN THIS MATTER. THE MATTER WAS ONE OF SEVERAL COMPLAINTS BY CUSTOMERS WHO WORKED WITH EACH OTHER RELATING TO LOSSES FROM IPO STOCK THE CUSTOMERS RECEIVED WHEN THEIR EMPLOYER WENT PUBLIC. THE CUSTOMER CONCEDED THAT MR. VALDES RECOMMENDED SHE REDUCE HER CONCENTRATED STOCK POSITION AND SHE DID NOT DO SO. THE CUSTOMER AGREED TO WITHDRAW HER CLAIM AGAINST MR. VALDES WITH PREJUDICE. MERRILL LYNCH ULTIMATELY SETTLED THE MATTER TO AVOID THE FURTHER COST, TIME AND DISTRACTION OF ARBITRATION, WITHOUT ANY ADMISSION OF LIABILITY.
BOTH MERRILL LYNCH AND MR. VALDES DENIED ANY LIABILITY IN THIS MATTER. THE CUSTOMER SUSTAINED LOSSES THAT MIRRORED THE PERFORMANCE OF THE S&P 500 DURING THE SAME BEAR MARKET PERIOD (2000-01). MR. VALDES REGULARLY DISCUSSED WITH THE CUSTOMER THE RISKS OF INVESTING IN AND CONTINUING TO HOLD EQUITIES DURING THAT PERIOD. AFTER RECEIVING ADDITIONAL INFORMATION, THE CUSTOMERS WITHDREW ALL CLAIMS AGAINST MR. VALDES WITH PREJUDICE. MERRILL LYNCH ULTIMATELY SETTLED THIS MATTER TO AVOID THE COST, TIME AND VAGARIES OF ARBITRATION, WITHOUT ANY ADMISSION OF LIABILITY.
4/18/2002
Customer Dispute
Settled
Allegations
CUSTOMERS ALLEGE "EXCESSIVE TRADING", THE PURCHASE OF SECURITES WHICH WERE UNSUITABLE AND TRANSACTIONS :BEING EFFECTED WITHOUT PERMISSION." CLAIMANT DEMANDS DAMAGES BETWEEN $1,000,000 AND $3,000,000.
Damage Amount Requested
$3,000,000.00
Settlement Amount
$400,000.00
Broker Comment
BOTH MERRILL LYNCH AND MR. VALDES DENIED ANY LIABILITY IN THIS MATTER. IN DENYING THE ALLEGATIONS, MERRILL LYNCH AND MR. VALDES SPECIFICALLY STATED THAT THE SOLICITED INVESTMENTS WERE DISCUSSED BEFOREHAND; A SUBSTANTIAL MAJORITY OF THE TRADES WERE UNSOLICITED; A NUMBER OF THE UNSOLICITED TRADES WERE MADE IN COMPANIES NOT FOLLOWED BY MERRILL LYNCH; AND THE ULTIMATE CUSTOMERS WERE EXPERIENCED INVESTORS WHO HAD AUTHORITY TO TRADE ON THE ACCOUNT(S), EXERCISED FULL CONTROL OVER THE ACCOUNT(S) AND CONDUCTED THE TRADING ACTIVITY PURSUANT TO THEIR OWN AGGRESSIVE SHORT TERM TRADING STRATEGY. AFTER RECEIVING ADDITIONAL INFORMATION, THE CUSTOMERS WITHDREW ALL COMPLAINTS AGAINST MR. VALDES WITH PREJUDICE. MERRILL LYNCH ULTIMATELY SETTLED THE MATTER TO AVOID THE COST, TIME AND VAGARIES OF ARBITRATION, WITHOUT ANY ADMISSION OF LIABILITY.
9/7/2001
Customer Dispute
Settled
Allegations
STATEMENT OF CLAIM ("SOC") ACKNOWLEDGES THAT CUSTOMER'S PORTFOLIO WAS ALREADY CONCENTRATED IN A SPECIFIC STOCK AND MARGINED WHEN HE TRANSFERRED HIS ACCOUNT TO MERRILL LYNCH, AND THAT VALDES RECOMMENDED SELLING THAT STOCK TO REDUCE MARGIN EXPOSURE. SOC ALLEGES THAT WHEN THE CUSTOMER REJECTED THE SUGGESTION TO SELL, THREE PURCHASE TRANSACTIONS IN OTHER SECURITIES WERE SOLICITED USING MARGIN TO INCREASE RISK. SOC ALSO ALLEGES FLAWED RESEARCH LED CUSTOMER TO HOLD THE STOCK POSITION.
Damage Amount Requested
$900,000.00
Settlement Amount
$95,000.00
Broker Comment
BOTH MERRILL LYNCH AND MR. VALDES DENIED ANY LIABILITY IN THIS MATTER. THE MATTER WAS ONE OF SEVERAL COMPLAINTS BY CUSTOMERS WHO WORKED WITH EACH OTHER RELATING TO LOSSES FROM IPO STOCK THE CUSTOMERS RECEIVED WHEN THEIR EMPLOYER WENT PUBLIC. THE CUSTOMER REFUSED TO DIVERSIFY HIS POSITION AND BLAMED MERRILL LYNCH AND MR. VALDES FOR HIS LOSSES. THE CUSTOMER AGREED TO WITHDRAW HIS CLAIM AGAINST MR. VALDES WITH PREJUDICE. MERRILL LYNCH ULTIMATELY SETTLED THE MATTER TO AVOID THE FURTHER COST, TIME AND DISTRACTION OF ARBITRATION, WITHOUT ANY ADMISSION OF LIABILITY.
7/26/2001
Customer Dispute
Closed-No Action
Allegations
CUSTOMERS ALLEGE THAT FINANCIAL ADVISOR MADE UNSUITABLE INVESTMETN RECOMENDATIONS. NO SPECIFIC DAMAGE IS ALLEGED.
Broker Comment
MERRILLL YNCH AND FINANCIAL ADVISOR DENY THE ALLEGATION.
CLAIM WAS DENIED AND NO FURTHR ACTION TAKEN BY THE CUSTOMER.
1/20/1999
Customer Dispute
Settled
Allegations
CUSTOMER ALLEGES THAT MR. VALDES SHORTED
CERTAIN STOCKS WITHOUT HIS AUTHORIZATION. NO DAMAGES ARE
SPECIFIED. THIS OCCURRED AT MERRILL LYNCH.
Settlement Amount
$28,728.00
Broker Comment
THE TRADES IN QUESTION WERE REVERSED AS A
BUSINESS DECISION AT A COST OF $28,728.
THE CLIENT IS ACTUALLY DISAPPOINTED IN THE STOCKS
MR VALDES RECOMMENDED HE SHORT SELL. ALL TRADES WERE DONE BY
MR. VALDES WITH CLIENT'S FULL KNOWLEDGE AND AUTHORIZATION. ON
THE SAME DAY IN QUESTION CLIENT ALSO DID TAX LOSS SELLING WHICH
THE CLIENT HAS NOT RAISED ANY ISSUE WITH.
11/6/1997
Regulatory
Final
Initiated By
AMEX
Allegations
The Exchange instituted a formal disciplinary
proceeding against Michael Valdes ("Valdes"), a registered
employee of Merrill Lynch, Pierce, Fenner & Smith, a regular
member organization of the Exchange. A Stipulation of Facts and
Consent to Penalty was subsequently entered into between the
Exchange and Valdes and was accepted by an Exchange
Disciplinary Panel at a hearing held on September 24, 1997.
Valdes consented to a finding that he violated Exchange Rule
411 by recommending and implementing a trading strategy which
was unsuitable for his customers' accounts based upon the
customers' investment objectives, financial situations and
needs, and ability to evaluate and bear the risks of the
recommended transactions; and Exchange Rule 421(a) by
exercising discretion in his customers' accounts without first
obtaining written authorization from the customers.
Resolution
Stipulation and Consent
Sanctions
Monetary/Fine
Amount
$10,000.00
Sanctions
Censure
Sanction Details
Valdes was censured, fined $10,000, and required
that he re-enter the Regulatory Element of the continuing
education program for registered persons, as required by
Exchange Rule 341A.
Broker Comment
Not Provided
4/14/1997
Customer Dispute
Settled
Allegations
CLAIMANT ALLEGED THAT HIS ACCOUNT WAS
INVESTED IN STOCKS THAT WERE TOO RISKY CAUSING A SUBSTANTIAL
DECLINE IN THE VALUE OF HIS ACCOUNT BETWEEN JANUARY 1991 AND
MARCH 1992 AND SOUGHT $31,000 IN COMPENSATORY DAMAGES PLUS
UNSPECIFIED COMMISSIONS, LOST TIME VALUE OF MONEY AS WELL AS
UNSPECIFIED ATTORNEY'S FEES AND COSTS. THIS OCCURRED AT
MERRILL LYNCH.
Settlement Amount
$22,500.00
Broker Comment
$22,500
THIS MATTER WAS SETTLED TO AVOID THE TIME,
EXPENSE AND UNCERTAINTY OF LITIGATION. REGISTRANT WANTS TO
MAKE IT CLEAR THAT MERRILL LYNCH WAS SUED NOT THE REGISTRANT.
MERRILL LYNCH MADE A BUSINESS DECISION TO SETTLE THIS
ARBITRATION IN ORDER TO AVOID ANY FURTHER EXPENSES ASSOCIATED
WITH THIS LITIGATION.
12/10/1993
Customer Dispute
Settled
Allegations
CHURNING, UNAUTHORIZED TRADING, DAMAGES IN
EXCESS OF $60,000 ALLEGED.
Settlement Amount
$67,500.00
Broker Comment
THIS MATTER WAS SETTLED FOR $67,500.
THE SETTLEMENT WAS REACHED IN ORDER TO AVOID THE
UNCERTAINTY AND EXPENSE OF PROTRACTED LITIGATION.
3/22/1993
Customer Dispute
Settled
Allegations
CLAIMS OF CHURNING, UNSUITABILITY AND
UNAUTHORIZED TRADING ARE ALLEGED AND THE CUSTOMER SEEKS
$255,440 IN DAMAGES.
Damage Amount Requested
$255,440.00
Settlement Amount
$145,000.00
Broker Comment
CASE SETTLED FOR $145,000.
ALL CHARGES OF WRONGDOING AND LIABILITY AND ALL
CLAIMS FOR DAMAGES ARE DENIED. CASE SETTLED TO AVOID THE
UNCERTAINTIES AND EXPENSES OF LITIGATION.
A brokerage firm, also called a broker-dealer, is in the business of buying and selling securities – stocks, bonds, mutual funds, and certain other investment products – on behalf of its customer (as broker), for its own bank (dealer), or both. Individuals who work for broker-dealers - the sales personnel are commonly referred to as brokers.
IA
Investment Adviser
An investment adviser is paid for providing advice about securities to clients. In addition, some investment advisers manage investment portfolios and offer financial planning services.
Disclosures
Disclosures can be customer complaints or arbitrations, regulatory actions, employment terminations, bankruptcy filings and certain civil or criminal proceedings that they were a part of.
Loading...
Disclosures can be customer complaints or arbitrations, regulatory actions, employment terminations, bankruptcy filings and certain civil or criminal proceedings that they were a part of.