Fidelity wins arb case against wine mogul but earns a rebuke from Finra

In the case of investor Peter Deutsch, Fidelity doesn't have to pay any compensation, but regulator said firm put its interests ahead of his.
AUG 18, 2017
Fidelity Brokerage Services won a muted victory in an arbitration against one of its wealthiest clients, wine mogul Peter Deutsch. Deutsch lost his claim for compensation from the giant brokerage, which he accused of mishandling his account as he made heavy bets on Chinese shares. In a ruling issued late last month, a financial industry panel also scolded Fidelity for putting its own interests ahead of Deutsch's. Deutsch will challenge the decision in federal court, according to his attorney, David Graff, who declined to offer additional comment. The brokerage, which denied wrongdoing in the case, declined to comment through spokesman Adam Banker. The ruling closes one front in a protracted struggle between Fidelity and Deutsch, whose Stamford, Connecticut, family wine business turned Beaujolais Nouveau and Yellow Tail wines into big national sellers. The panel, convened by the Financial Industry Regulatory Authority Inc., held more than 100 hearings in the matter, giving an unusual level of scrutiny to the operations of Fidelity, including its unit that competes with other asset managers to woo the richest of the rich. Deutsch alleged that while he was counting on Fidelity Family Office's assurances that it would look out for his interests, another unit of the brokerage, acting on its own financial agenda, disregarded his wishes and lent out thinly traded shares he owned. Fidelity also cut off Deutsch's trading in the shares of China Medical Technologies, which he alleged foiled his bid to acquire a controlling stake in the company. TROUBLED SMALL CAP Fidelity's actions, Deutsch told the panel, could have cost him as much as $436 million. The arbitrators rejected Deutsch's claim for damages "in its entirety," writing that he would have lost the money he invested in the troubled Chinese small-cap company regardless of how Fidelity may have handled his account. The three-person panel said any attempt to set damages would be hypothetical and speculative, and didn't offer an opinion on Deutsch's claim that Fidelity had inappropriately lent his shares to short-sellers. Nonetheless, they said they found "serious fault with Fidelity's handling of the Deutsch account." Fidelity cut off Deutsch's trading without learning his intentions or interests, concluding instead that he was engineering a short squeeze, the arbitrators wrote. "In essence, the firm appeared to be more focused on its own interests at the expense of accommodating those of its client," they wrote. Finra, through spokeswoman Michelle Ong, declined to comment. Deutsch and a former adviser who operated independently from Fidelity have also filed a suit against Fidelity in federal court. They allege, among other things, that Fidelity filed a suspicious activity report to U.S. authorities about Deutsch's China Medical trades that they say contained fabrications. Fidelity has moved to dismiss the case.

Latest News

Mercer Advisors, Osaic deepen AI bets with Arch and Nitrogen deals
Mercer Advisors, Osaic deepen AI bets with Arch and Nitrogen deals

Arch claims 40% operating cost savings for Mercer as Nitrogen unlocks its agentic AI and tech suite to 10,000 Osaic advisors

LPL advisor, South Carolina state senator, elected to U.S. Congress
LPL advisor, South Carolina state senator, elected to U.S. Congress

A happy coincidence: one of LPL Financial’s corporate campuses happens to be based in Rep.-elect Wes Climer’s new district.

Advisor moves: JPMorgan lands $940M Merrill veteran in Los Angeles
Advisor moves: JPMorgan lands $940M Merrill veteran in Los Angeles

Wells Fargo and UBS also add advisors from Morgan Stanley, Edward Jones, Merrill and Fidelity in a fresh round of wirehouse recruiting

Wall Street products, Main Street regulators
Wall Street products, Main Street regulators

How we got here – and what to do about it

Most Americans are OK with AI managing their money - but not how you think
Most Americans are OK with AI managing their money - but not how you think

AI trust gap: Americans want protection, not autonomy, in their finances

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor