GunnAllen and former executive claim victory in arbitration ruling

Both GunnAllen Financial Inc. and a former top executive are claiming victory after a lengthy arbitration battle that focused on whether the independent broker- dealer had the right to fire David McCoy, its former chief operating officer and national sales director, who was dismissed in 2005.
APR 14, 2008
Both GunnAllen Financial Inc. and a former top executive are claiming victory after a lengthy arbitration battle that focused on whether the independent broker- dealer had the right to fire David McCoy, its former chief operating officer and national sales director, who was dismissed in 2005. Coming from First Montauk Securities Corp. of Red Bank, N.J., he joined GunnAllen of Tampa, Fla., in 2002 and quickly made it one of the fastest-growing independent-contractor broker-dealers, increasing the number of affiliated registered reps from about 200 to more than 900. GunnAllen and Mr. McCoy, however, had a bitter parting in the summer of 2005. In August of that year, he filed a statement of claim for damages of more than $34 million, and GunnAllen sued him in a Florida court, claiming it fired him with cause because of "extremely inappropriate conduct," which entitled it to regain control of his shares and stock options. Now both sides say they won an arbitration complaint that was decided last month after 20 days of hearings and sessions. On one hand, GunnAllen executives point to the relatively small award of money from the arbitrators — $536,000, which covers damages, and payment for stock and legal fees — and the fact that Mr. McCoy's claims of fraud against the firm's top executives, including co-founders Richard Frueh, chief executive, and Donald Gunn, president, were deemed not credible by the three-member arbitration panel. Moreover, the arbitrators ruled that Mr. McCoy owed GunnAllen $182,000 for a promissory note. On the other side, he said he has scored a triumph, particularly in restoring his reputation in the brokerage business, because the arbitration panel of the Financial Industry Regulatory Authority Inc. of New York and Washington ruled that his termination was "an intentional and malicious breach of contract." The ruling also permits Mr. McCoy to keep 200,000 shares of GunnAllen stock, which GunnAllen in its Florida lawsuit said should be returned to the firm. In addition, he retains the right to exercise options on 400,000 more shares in the next few months. Attorneys said that arbitrators' choice of the words "intentional" and "malicious" was clearly a black eye for GunnAllen. "That's a real clear sign that the arbitrators were incensed and very troubled with GunnAllen," said Andrew Stoltmann, a plaintiff's attorney in Chicago. Securities arbitration claims that hinge on a firm's firing an employee "for cause," or a reason implied in the contract, can prove misleading, he said. "'With cause' is sometimes [used as] a trumped-up reason to withhold money." Mr. McCoy's attorney in the arbitration, Richard A. Roth of New York, said that GunnAllen fabricated the reasons to fire Mr. McCoy "for cause," including charges of sexual harassment. "After 20 days of hearings, the panel ruled that what GunnAllen did to Dave was inappropriate," Mr. Roth said. "You just can't railroad someone out." Mr. McCoy is now national sales manager for National Securities Corp. of New York. Litigation surrounding the dismissal continues. After the arbitration award, GunnAllen filed a motion in Hillsborough County (Fla.) circuit court seeking attorneys' fees. Executives with GunnAllen, however, are clearly pleased with the arbitration award. "It was a clean sweep, if not for the harsh word and tone of that word 'malicious,'" said David Levine, the firm's national sales manager. "The panel upheld the right to fire him, but not 'for cause.'" Mr. Levine asked: "If GunnAllen was so malicious, why did" Mr. McCoy receive compensatory damages of just $333,000 minus the promissory note of $182,000? In fact, GunnAllen offered Mr. McCoy a compensation package of more than $500,000 in 2005, and he turned it down, Mr. Levine added. "I just don't know how anyone can call that a victory," Mr. Levine said. E-mail Bruce Kelly at [email protected].

Latest News

Why fixed income still belongs in your clients' portfolios
Why fixed income still belongs in your clients' portfolios

In an era of AI euphoria and market FOMO, getting back to basics with fixed income may be the most contrarian and most important move advisors can make.

Voya expands advisor managed accounts to add private market assets
Voya expands advisor managed accounts to add private market assets

Voya Financial adds private equity, credit and real estate options to its AMA program, building on support for looser federal investment rules in retirement accounts.

With executives leaving, Osaic’s Reid now in the spotlight
With executives leaving, Osaic’s Reid now in the spotlight

Shannon Reid, president of Osaic and the network’s number two executive, has plenty of challenges, industry executives said.

Investors sue crypto fund and platform, alleging $1.5 million never returned
Investors sue crypto fund and platform, alleging $1.5 million never returned

Auditors flagged the commingling. The COO allegedly knew. Investors kept getting the pitch

Wells Fargo nabs $1.7B RBC advisor team, loses two teams to LPL
Wells Fargo nabs $1.7B RBC advisor team, loses two teams to LPL

The advisors on the move include two brothers leading a family practice in Connecticut, and a husband-and-wife tandem working with business owners in the West Coast.

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.