Merrill hit for $880K arbitration award

Merrill hit for $880K arbitration award
Clients of a prominent Bank of America Merrill Lynch broker have won an $880,000 arbitration award against the firm.
JUL 27, 2011
Clients of a prominent Bank of America Merrill Lynch have won an $880,000 arbitration award against the firm. Phil Scott of the firm's Bellevue, Wash., office, was this year ranked No. 30 on the Barron's list of top advisers, with $1.8 billion under management. He ranks No. 1 on the list for the state of Washington. The arbitration award, decided June 22, was recently made available by Finra. The clients, Harriet Baker, her son John Baker and his wife Natalie Baker, all of New York state, were 100% invested in stocks through the financial crisis, said Brian Neville, a partner at Lax & Neville LLP, who represented the Bakers. That heavy allocation in stocks was not suitable for them, he said. Harriett Baker was in her late 80s when she started doing business with Mr. Scott in 2005, added Barry Lax, a founding partner at Lax & Neville. Ms. Baker died the day the award was issued, her attorneys said. Mr. Scott runs more than $1 billion of client money in a dividend growth strategy, called the Phil Scott Income Portfolio, Mr. Neville said. “Everyone has the same position — 100% equities. That's what our clients had,” he said. The Bakers “sold at or near bottom” of the market drop, Mr. Neville acknowledged, despite Mr. Scott's recommendation to remain invested in a portfolio that subsequently performed well. The award was about half of the $1.7 million in compensatory damages the Bakers demanded. “It shows some shared responsibility,” Mr. Neville said. The panel of Financial Industry Regulatory Authority Inc. arbitrators denied the Bakers' request for punitive damages. “We disagree with the arbitration panel's decision,” said Merrill spokesman Bill Halldin. “This account was handled properly during a very difficult period in the market when there was extreme volatility,” he said. Merrill is considering asking a court to review the decision, Mr. Halldin added. Aside from the arbitration award from last month, Mr. Scott has three other pending arbitrations, according to disclosures he made on his Finra BrokerCheck report. One case was filed in April of this year, and two others were filed last summer. The customers allege misrepresentations and unsuitable stock investments from 2007 through 2009, according to the report. In addition, Mr. Scott's disciplinary record shows two other client complaints from 2001 and 2008 that Merrill claimed were without merit. No further action was taken by the customers in these cases. “I don't think [Mr. Scott is] a bad broker,” Mr. Neville said. “He's just one of these guys who's a bit too dogmatic. He really believes dividend growth is the way to go for everyone, no matter who you are.” Merrill's Mr. Halldin said the firm disputes the other claims and is fighting them. He declined further comment. Earlier this year, Barron's reported that Mr. Scott evaluates clients' lifestyles, jobs and personal experiences in order to gauge risk, and that in many cases he recommends stocks with growing dividends.

Latest News

Names of more B-Ds that sold deals of bankrupt Inspired Healthcare surface
Names of more B-Ds that sold deals of bankrupt Inspired Healthcare surface

Broker-dealers that sold the defunct securities backed by Inspired Healthcare generated more than $100 million in fees and commissions.

MetLife poll finds high-value home sales are becoming tax-planning events
MetLife poll finds high-value home sales are becoming tax-planning events

A new MetLife survey finds real estate professionals are increasingly steering clients toward tax experts as rising property values leave more sellers facing significant capital gains.

Kestra adds Raymond James recruiter to expand advisor hiring push
Kestra adds Raymond James recruiter to expand advisor hiring push

The independent broker-dealer expands its business development bench with a new recruiter and an internal promotion in the West.

Cerity Partners names Will Peng chief innovation officer
Cerity Partners names Will Peng chief innovation officer

The leading ultra-high-net-worth RIA joins other large wealth firms, including Raymond James and LPL, in creating executive roles focused on artificial intelligence strategy

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.