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CLIENT CLAIMS HE WOULD NOT HAVE TURNED OVER HIS $27,000 IF HAD NOT BEEN DECEIVED. CLIENT CLAIMS HE WAS UNAWARE OF THE MARGIN ACCOUNT AND CLAIMS HE IS OUT $13,000. OUR RECORDS REFLECT NO LOSS OF MONEY AS FUNDS WERE MOVED FROM MARGIN TO CASH ACCOUNT AND THEN WITHDRAWN BY THE CLIENT. THE FILING IS BEING DONE BASED ON THE CLIENTS ALLEGED DAMAGES.
Damage Amount Requested
$13,000.00
Broker Comment
IR STATED CLIENT CONTACTED HIM REGARDING THE NEED TO OBTAIN FUNDS. IR INFORMED CLIENT THERE WERE TWO OPTIONS---SELL THE CLIENT'S BOND OR ESTABLISH A LOAN USING THE BOND AS COLLATERAL. IT APPEARS THAT CLIENT ELECTED TO BORROW AGAINST THE BOND. IR STATED HE MAY NOT HAVE USED THE TERM "MARGIN ACCOUNT;" HOWEVER, CLIENT WAS FULLY INFORMED HE WAS BORROWING THE MONEY AGAINST HIS BOND AND HE WOULD PAY INTEREST ON THE OUTSTANDING LOAN. ALL ACTIVITY REGARDING THE LOAN WOULD HAVE BEEN REFLECTED ON CUSTOMER ACCOUNT STATEMENTS, AND A SINGLE ACCOUNT AUTHORIZATION FORM AUTHORIZING MARGIN ACTIVITY WOULD HAVE BEEN EXECUTED. ON 8/12/02, $8,000 OF THE BOND WAS LIQUIDATED WITH THE PROCEEDS PLACED IN CLIENT'S MONEY MARKET ACCOUNT. THE LOAN WAS ESTABLISHED IN 11/02 WITH FUNDS MOVED FROM THE LOAN (MARGIN) ACCOUNT TO MONEY MARKET ACCOUNT. RECORDS INDICATE SEVERAL TRANSFERS OF MONEY OCCURRED FROM THE LOAN ACCOUNT TO THE MONEY MARKET ACCOUNT THROUGH 11/02 AND THE BEGINNING OF 12/02 ALL FUNDS WERE TRANSFERRED TO CLIENT'S MONEY MARKET ACCOUNT AND THEN APPARENTLY REMOVED BY CLIENT THROUGH VISA CARD CASH ADVANCES. THE REMAINDER OF THE BOND WAS LIQUIDATED ON 12/5/02 WITH THE PROCEEDS ($19,289.75) APPLIED TO THE LOAN ACCOUNT PAYING OFF THE LOAN BALANCE ($14,578.77). THE REMAINDER OF THE SELL PROCEEDS AND THE BALANCE OF MONEY MARKET ACCOUNT ($4,776.59) WERE SENT TO CLIENT 12/19/02. BASED ON THIS REVIEW, IT APPEARS CLIENT WAS AWARE HE WAS ESTABLISHING A LOAN (MARGIN ACCOUNT) WITH THE UNDERSTANDING INTEREST WOULD BE INCURRED ON THE LOAN BALANCE. FURTHER, IT APPEARS THE FUNDS PROVIDED THROUGH THE LOAN WERE PLACED IN MONEY MARKET ACCOUNT AND WITHDRAWN BY CLIENT FOR PERSONAL USE. A REVIEW OF THE PROCEEDS RECEIVED FROM THE LIQUIDATIONS OF THE BOND REFLECT NO LOSS WAS INCURRED. NO ADJUSTMENT TO THE ACCOUNT IS DUE THE CLIENT.
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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.
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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.