Investors claiming "emotional distress damages" win lawsuit involving GWG bonds

Investors claiming "emotional distress damages" win lawsuit involving GWG bonds
"This is one of the largest emotional distress damages awarded in Finra’s history,” says attorney.
SEP 10, 2024

A group of investors who bought bonds issued by the bankrupt GWG Holdings Inc. on Friday won an arbitration dispute of almost $1.08 million in damages, including interest and attorney’s fees, with part of their complaint seeking  “emotional distress damages” against the broker-dealer, Ages Financial Services Ltd., that sold them the GWG bonds.

Two of the half-dozen investors each were awarded $75,000 of “emotional distress damages” by the three-person arbitration panel, which operated under the aegis of Finra Dispute Resolution Services.

While investors request “emotional distress damages” regularly, Finra arbitration panelists do not readily award cash damages to clients over the issue.

For instance, according to a scan of Finra’s arbitration database, 15 arbitration claims decided by panels this year have included claims of “emotional distress.” Of those claims, including last Friday’s against Ages Financial Services, only two resulted in the Finra panelists awarding money to those people filing the complaints for that reason.

The total of $150,000 “is one of the largest emotional distress damages awarded in Finra’s history,” said Adam Gana, the plaintiff’s attorney who filed the claim in 2022 on behalf of the group of investors, which was led by George Wilson. “Firms load up clients in alternative investment products, and then then the investors lose their life saving. It can take a huge and dramatic toll on clients.”

“The loss of life savings is absolutely devastating to investors,” said Joe Peiffer, a plaintiff’s attorney and current head of the Public Investors Advocate Bar Association. “Judges and juries awarded these types of damages for years. I’m glad arbitration panels are starting to recognize this, too.”

William McCance, the president of Ages Financial Services, on Monday morning did not return a call to comment about the matter. Ages Financial Services, a small broker-dealer in suburban Boston, lost a Finra arbitration decision last fall to investors stemming from the sale of GWG bonds and totaling $246,000. 

About 40 broker-dealers sold close to $1.6 billion in GWG L bonds, so-called because they were backed by life settlements, before the firm declared bankruptcy in 2022, leaving investors in the lurch.

The group of GWG bond investors claimed breach of fiduciary duty, suitability and other allegations in their complaint and were originally seeking compensatory damages of $648,000.

An arbitrator this April overseeing a Finra arbitration claim awarded close to $100,000 to a customer who in 2018 and again in 2020 purchased GWG L bonds, calling the bonds "not a suitable investment for the [client,] or perhaps anyone," in an award that pointed to a broker-dealer and financial advisor ignoring the fiduciary duty owed to a client.

Latest News

SEC bars ex-broker who sold clients phony private equity fund
SEC bars ex-broker who sold clients phony private equity fund

Rajesh Markan earlier this year pleaded guilty to one count of criminal fraud related to his sale of fake investments to 10 clients totaling $2.9 million.

The key to attracting and retaining the next generation of advisors? Client-focused training
The key to attracting and retaining the next generation of advisors? Client-focused training

From building trust to steering through emotions and responding to client challenges, new advisors need human skills to shape the future of the advice industry.

Chuck Roberts, ex-star at Stifel, barred from the securities industry
Chuck Roberts, ex-star at Stifel, barred from the securities industry

"The outcome is correct, but it's disappointing that FINRA had ample opportunity to investigate the merits of clients' allegations in these claims, including the testimony in the three investor arbitrations with hearings," Jeff Erez, a plaintiff's attorney representing a large portion of the Stifel clients, said.

SEC to weigh ‘innovation exception’ tied to crypto, Atkins says
SEC to weigh ‘innovation exception’ tied to crypto, Atkins says

Chair also praised the passage of stablecoin legislation this week.

Brooklyn-based Maridea snaps up former LPL affiliate to expand in the Midwest
Brooklyn-based Maridea snaps up former LPL affiliate to expand in the Midwest

Maridea Wealth Management's deal in Chicago, Illinois is its first after securing a strategic investment in April.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.