Ex-Red Sox backstop wins $1.2M in damages from Merrill

Not every ballplayer can cash in like Prince Fielder, but at least arbitrators were there to backstop ex-Red Sox catcher Doug Mirabelli, awarding the knuckleball specialist $1.2 million in a suitability case involving Merrill Lynch.
APR 12, 2012
Former Boston Red Sox catcher and two-time World Series winner Doug Mirabelli, who made a nice career of being the preferred backstop to knuckleballer Tim Wakefield, finally saw a pitch even he couldn't handle. In March 2008, the same month he was released by the Red Sox, Mirabelli and his wife invested $880,219 with Bank of America Merrill Lynch adviser Phil Scott and took out loans that brought their account value to $1.8 million, according to an article in The New York Times. Scott put the money into the Merrill Lynch Phil Scott Team Income Portfolios, a bundle of 33 dividend-paying growth stocks. The loans were made on the condition that the account not dip below $1 million. By November, the Mirabellis' account had dropped below that level, and they liquidated it to cover the loans. The Mirabellis argued in arbitration that Scott had put his client's money into unsuitable, all-growth-stock investments and improperly briefed the couple on the loans and their requirements. The arbitration panel ruled in favor of the Mirabellis and awarded them $1.2 million to cover their initial investment, plus all legal fees and arbitration costs. This was the second defeat for Scott in the last 12 months, according to The New York Times article. Merrill has moved to vacate the previous award and it's unclear if they will do the same with Mirabelli's. "We disagree with the panel’s decision given the facts presented in this case," said Bill Halldin, a spokesman for Merrill. "This account was handled properly during a very difficult time when there was extreme market volatility." Mirabelli, 41, earned roughly $7 million over a dozen seasons in the bigs. He now works as a real estate agent in Michigan.
[More: Fed introduces new backstop for banks]

Latest News

Envestnet launches redesigned trading platform for advisors
Envestnet launches redesigned trading platform for advisors

Envestnet Wealth Trading replaces legacy FolioDynamix tools with a unified platform built for portfolio-wide rebalancing

Orion hits asset milestone, ramps up Denali AI capabilities
Orion hits asset milestone, ramps up Denali AI capabilities

“It's important for our AI solutions to flex into different client needs,” said Orion CEO Natalie Wolfsen.

Beyond performance: Evaluating alternative investments
Beyond performance: Evaluating alternative investments

The same idiosyncrasies that make alts attractive to investors also heighten the importance of due diligence for advisors and firms.

Sensitive-data lapse at SEC intensifies calls to strip CAT of retail investor identifiers
Sensitive-data lapse at SEC intensifies calls to strip CAT of retail investor identifiers

ASA says OIG probe into leaked case files proves personal data poses ongoing risk.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

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