These guys are supposed to be our watchdogs? Wall St.

New Post Public Reply Private Reply Replies (1) Message Board
AlanC qtipjoe #2129

These guys are supposed to be our watchdogs?

Wall St. arbitrator booted for fake credentials heard nearly 40 cases

By Suzanne Barlyn

Tue Mar 25, 2014 12:35pm EDT

(Reuters) - The outcomes of nearly 40 securities arbitration cases dating back more than 15 years and involving some of Wall Street's most well-known brokerages could be compromised because one of the arbitrators who heard them allegedly lied about being a lawyer.

The Financial Industry Regulatory Authority on Monday confirmed that it removed the arbitrator, James H. Frank, of Santa Barbara, California, from its roster of arbitrators last year.

Frank said he was a lawyer and a member of the bar in several states, when in fact, he was not, a FINRA spokeswoman said.

The dismissed arbitrator said via email that he was unaware of FINRA's reasons for removing him, other than that it received a complaint about him from a lawyer involved in a case he had arbitrated. The allegations that he lied about being an attorney and bar member are "inaccurate at best," he wrote.

Frank claims that he was a "lawyer" - putting the word in quotes - and that the California bar must have lost his records.

The case comes to light as advocates for consumers and investors are calling for an end to mandatory arbitration. FINRA, Wall Street's industry-funded watchdog, runs the arbitration forum where brokerages and investors must resolve their disputes.

FINRA has been taking steps to improve perceptions of fairness to investors in its arbitration system. It also recently beefed up measures to police its arbitrators. Nonetheless, the latest revelation is likely to be more ammunition for mandatory arbitration critics.

It is unclear whether FINRA is required to disclose the alleged misrepresentation to parties involved in the dozens of cases that Frank heard, or whether it has made those disclosures. FINRA declined to comment on that issue.

The revelation also raises questions about whether the parties could attempt to overturn some of those decisions in court, lawyers said.

An arbitrator who misrepresents himself as being a lawyer is an "obvious serious concern," said Terry Weiss, a lawyer with Greenberg Traurig, LLP in Atlanta, who typically represents brokerages. "That sort of misconduct could be a basis to vacate the final arbitration award if it was brought in a timely manner."

But timeliness could be a problem. Parties who want to try to overturn arbitration awards in federal court must typically make the request within 90 days of receiving the arbitration order. It is unclear whether an arbitrator's fraudulent misrepresentations could give petitioners' leeway to take action under federal or state laws.

The San Francisco Daily Journal reported Frank's dismissal on Friday. Reuters has since learned that Frank served on securities arbitration panels in 38 cases between 1998 and 2011, according to a disclosure report he filed with FINRA. He was also involved in seven cases at the time of his dismissal. Many of them involved well-known brokerages, including Citigroup Global Markets Inc., a unit of Citigroup, Wells Fargo Advisors, LLC, a unit of Wells Fargo Corp., and Bank of America's Merrill Lynch, according to the report.

FINRA reported Frank's alleged misrepresentations to the Los Angeles County District Attorney last year, a spokeswoman said.

It is the second serious allegation involving an arbitrator's background to surface in less than a year. FINRA beefed up measures last year to check out arbitrators' backgrounds after it came to light that an arbitrator who heard a case involving Goldman Sachs had been indicted.

NOT LICENSED TO PRACTICE


Frank's situation first came to light in August, 2013, during a hearing in a case against a brokerage involving a variable life insurance policy sold to a 72-year-old woman, according to Benjamin Blakeman, her Los Angeles-based lawyer.

Blakeman looked into Frank's background after the hearing. A private investigator he hired concluded that only one person named James Frank was licensed to practice law in California, but he was not the same person as the FINRA arbitrator, according to the investigator's report.

FINRA ultimately removed Frank from its roster and appointed another arbitrator to make a decision by reviewing tapes of the proceedings, Blakeman said. The investor lost the case.

Frank admitted to Reuters that he was never licensed in New York or Florida, although he indicated to FINRA that he was. Asked why he lied about the Florida license, Frank said: "It's a damn good question and one that I'm having trouble with."

He also did not graduate from Los Angeles-based Southwestern Law School, as his FINRA report shows, but instead, "took a bar refresher course there," he said. There was, however, another James H. Frank who did graduate from Southwestern Law School in 1975.

"There is no question he is using my credentials. This is not accidental," said James Hamilton Frank of Santa Monica, who graduated from Southwestern Law School in 1975 and has never worked as an arbitrator. He is licensed to practice law, but is now inactive, according to a California bar database.

Frank learned of the situation from Blakeman, the lawyer. He has not filed criminal charges against his alleged impersonator, but told the state bar association and the California attorney general's office about the matter, he said.

Frank, the former arbitrator, said he was "taken back" by the allegation that he had appropriated the other Frank's background as his own.

(Additional reporting by Brian Grow and Todd Wolfe; Editing by Linda Stern and Dan Grebler)


http://www.reuters.com/article/2014/03/25/us-...sinessNews

Telvue Corp (TEVE) Stock Research Links

TEVE Board Company Profile Buy Rating Time & Sales News Filings Financials
Scroll down for more posts ▼

Top 10 Most Recent News Articles

Onodrim Raises $300M to Propel EU Defence Future

Updated Category News Views 182

Onodrim Industries' Bold Bid to Reshape European Security Right out of the gate, Onodrim Industries is thundering onto the scene with a hefty $300 million Series A round to flex its muscles across Europe's defence and industrial sectors. This ain't your run-of-the-mill startup story. This is about flexing hard-earned capital to snap up established players and inject a...

Continue Reading
Election Fallout: Middle-Class Split Persists Despite Votes

Updated Category News Views 7

The Unseen Election Loser: Middle-Class Unity Seems like every four years, Americans shuffle the seats of power, but Paul Eckert believes the real problem isn't chairs changing; it's the folks sitting in them. With his book, "Healing Middle-Class Democracy," Eckert tackles a split as old as time—or at least since the '80s: the fracture within the middle class....

Continue Reading
AI Faces Accountability Trials in Business 2027

Updated Category News Views 71

Charting the AI Accountability Course In 2027, the corporate AI landscape won't be the Wild West anymore; it's morphing into a structured battlefield where the winners will be those who successfully enforce accountability. The hands-off, carte blanche days of AI are fading fast, and businesses are starting to scrutinize the AI tools they've been throwing money at. "The...

Continue Reading
Why Retaining Wall Drainage Can’t Be an Afterthought

Updated Category News Views 47

The overlooked hero in wall longevity People might think building a retaining wall is just stacking stones or pouring concrete, but that's only part of the story. According to Justin Hundich, our go-to guy on landscape and drainage matters, there's way more at play than meets the eye. If you ignore drainage, you're steaming toward disaster, my friend—no two ways about...

Continue Reading
Coframe Nets $35M for AI-Driven 'Living Internet'

Updated Category News Views 23

Transforming Digital Experiences with AI If you're tired of seeing the same dull homepage every time you visit a website, Coframe's got news for you. This startup scored a hefty $35 million to fund its vision—a 'Living Internet' that learns and adapts to each visitor. Khosla Ventures and Hanabi Capital are banking on this runaway train—that's commitment to tech...

Continue Reading
Ericsson Buybacks: Strategic Moves or Market Maneuver?

Updated Category News Views 90

Breaking Down Ericsson's Strategic Share Buybacks When a company like Ericsson starts pulling stocks off the shelves like they're on sale, it's time to take notice. Between November 2nd and 6th, Ericsson, that telecom giant we all know, went on a little shopping spree, snapping up 500,000 of its own Class B shares. Why should we care? Well, it's a part of their hefty SEK...

Continue Reading
SOTERIA and Tempus Unite for Military Cancer Battle

Updated Category News Views 17

The Military Faces Cancer's Grasp: A New Frontline There's a battle brewing in the healthcare world, one distinctly different from the chaos of stock tickers or quarterly earnings. It's about saving lives in a space where tactical precision is everything—cancer care for U.S. military personnel and veterans. SOTERIA Precision Medicine Foundation and Tempus (NASDAQ: TEM)...

Continue Reading
Summit Midstream's Q3 Financial Results Signal Growth

Updated Category News Views 14

Summit Midstream Delivers Strong Q3 Results Good grief, you'd think the grease is sliding off the griddle with these numbers. Summit Midstream Corporation (NYSE:SMC) is putting up figures that ought to make even the most poker-faced of traders crack a smile. We've got a net income sitting pretty at $15.9 million, and an Adjusted EBITDA that's climbed up to $70.7 million....

Continue Reading
Ritz-Carlton Yacht Collection Sets Sail with New Leaders

Updated Category News Views 137

Charting New Waters in Luxury Cruising Change is cruising on the open sea, folks—captained by Alan Leibman and Tatiana Ferreira, who're now at the helm of The Ritz-Carlton Yacht Collection. These names aren't just flotsam in the breeze; they're packing as much pedigree as you'd find in a top-shelf bottle of Champagne. They aren't steering yachts for a joyride; the...

Continue Reading
TalentNeuron and CodeSignal Team Up: Impact on Workforce

Updated Category News Views 83

Skills Intelligence Takes Center Stage There's a fresh breeze blowing through the workforce planning domain, thanks to the newly expanded partnership between TalentNeuron and CodeSignal. They've strapped together their expertise to craft what's now touted as the most comprehensive skills intelligence available to organizations. A claim big enough to make us stop,...

Continue Reading

Top 5 Most Recently Viewed Articles

Revised Stock Structure: Streamline Health’s Strategic Move

Updated Category News Views 157

Streamline Health Solutions, Inc. (NASDAQ: STRM) made headlines back in 2024 when they announced a strategic move: a 1-for-15 reverse stock split. Now, this ain’t just a cosmetic fix—this was all about compliance with Nasdaq's pesky minimum bid price requirement. When the Board gives the green light, you know there's urgency brewing beneath the surface. Why Reverse...

Continue Reading
Indivior Reports Strong Q3 2024 Results with Updated Guidance

Updated Category News Views 135

Indivior Announces Preliminary Q3 2024 Results Indivior PLC, a leading global pharmaceutical company, has released its preliminary financial results for the third quarter of 2024. The company shared an update on its fiscal expectations amid the evolving dynamics of the opioid use disorder (OUD) treatment landscape, particularly focusing on its flagship product, SUBLOCADE....

Continue Reading
Investors Show Strong Interest in MongoDB: An Insightful Analysis

Updated Category News Views 192

Market Dynamics Surrounding MongoDB Investment In the ever-evolving landscape of technology investments, MongoDB (MDB) has emerged as a focal point, attracting the attention of investors with deep pockets. This recent trend in bullish sentiment around the stock signifies a potential shift in market perception. Observations of public options records indicate ample activity...

Continue Reading
Examining Amazon's Market Position Among Retail Rivals

Updated Category News Views 143

Understanding Amazon's Competitive Landscape In today’s dynamic and fiercely contested retail environment, it’s essential for investors and enthusiasts to conduct thorough evaluations of major companies in the market. This article provides a comprehensive comparison of Amazon.com (NASDAQ: AMZN) against its key competitors in the Broadline Retail industry. By...

Continue Reading
Insightful Overview of Foresight Group's Share Buyback Activity

Updated Category News Views 202

Transaction in Own Shares Overview On recent developments, Foresight Group Holdings Limited, a prominent player in the investment management space, has publicly shared details regarding its latest share buyback initiative. This announcement highlights the company’s strategic move to optimize its capital structure, showing confidence in its robust business model and...

Continue Reading