Rare sighting: Finra panel orders plaintiffs to pay B-D for 'frivolous' claims

It doesn't happen very often. But on Wednesday, a Finra panel ordered a pair of investors to pay $75K for bringing 'frivolous' claims against a broker-dealer and one of its reps. The panel also admonished the duo for a 'bad-faith abuse of the Finra arbitration process.'
MAR 01, 2012
In an unusual case, an arbitration panel on Wednesday ordered two investors to pay Los Angeles-based brokerage firm Quincy Cass Associates Inc. and broker Jens Adolf Spitta $75,000 in legal expenses. In its award, the panel called the investors' claims "frivolous" and "a bad-faith abuse of the Finra arbitration process." The firm and Mr. Spitta incurred about $110,000 in costs, the panel said. The award also ordered the claimants, Dr. Karl Heinrich Vogelbach and his son Andrew Vogelbach, to pay $6,000 of the $7,200 in forum fees. In addition, the arbitrators ordered expungement of the case from Mr. Spitta's disciplinary record. The panel said Karl Vogelbach was "wealthy, financially sophisticated, and aggressive in his approach to investing," and the "causes of his losses were his own independent decisions and market risks." Regarding Andrew Vogelbach, "not a scintilla of evidence" was presented in the case to demonstrate that he had a contractual relationship with either of the respondents, the award said. Andrew Vogelbach was not a client of Mr. Spitta's or Quincy Cass', said Sylvia Scott, a partner at Freeman Freeman & Smiley LLP, who represented the respondents. The case is unusual in ordering investor claimants to pay legal costs. Arbitrators usually dismiss weak cases without awarding any damages. "I think this award sends a strong message [to claimants who] bring a demonstrably frivolous lawsuit," Ms. Scott said. "We disagree with the award and are looking at our options," said the Vogelbach's attorney, J. Christopher Wehrle, founder of Wehrle Law LLC.

Latest News

SEC charges Chicago-based investment adviser with overbilling clients more than $2.5M in fees
SEC charges Chicago-based investment adviser with overbilling clients more than $2.5M in fees

Eliseo Prisno, a former Merrill advisor, allegedly collected unapproved fees from Filipino clients by secretly accessing their accounts at two separate brokerages.

Apella Wealth comes to Washington with Independence Wealth Advisors
Apella Wealth comes to Washington with Independence Wealth Advisors

The Harford, Connecticut-based RIA is expanding into a new market in the mid-Atlantic region while crossing another billion-dollar milestone.

Citi's Sieg sees rich clients pivoting from US to UK
Citi's Sieg sees rich clients pivoting from US to UK

The Wall Street giant's global wealth head says affluent clients are shifting away from America amid growing fallout from President Donald Trump's hardline politics.

US employment report reactions: Overall better than expected, but concerns with underlying data
US employment report reactions: Overall better than expected, but concerns with underlying data

Chief economists, advisors, and chief investment officers share their reactions to the June US employment report.

Creative Planning's Peter Mallouk slams 'offensive' congressional stock trading
Creative Planning's Peter Mallouk slams 'offensive' congressional stock trading

"This shouldn’t be hard to ban, but neither party will do it. So offensive to the people they serve," RIA titan Peter Mallouk said in a post that referenced Nancy Pelosi's reported stock gains.

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.