Finra turnabout: Client and son ordered to pay for "frivolous' claim

MAY 04, 2012
In an unusual case, a Financial Industry Regulatory Authority Inc. arbitration panel last week ordered two investors to pay 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 award also ordered the claimants, Karl Heinrich Vogelbach and his son, Andrew Vogelbach, to pay $6,000 of the $7,200 in forum fees.

CASE TO BE EXPUNGED

In addition, the arbitrators ordered expungement of the case from Mr. Spitta's disciplinary record. The firm and Mr. Spitta incurred about $110,000 in costs, the panel said. The panel said that 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 wasn't 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 Vogelbachs' attorney, J. Christopher Wehrle, founder of Wehrle Law LLC. [email protected]

Latest News

Treasury hits BofA with $1.2B fine over money laundering violations
Treasury hits BofA with $1.2B fine over money laundering violations

“Today’s actions send a clear message that even the biggest financial institutions are not above the law,” said Treasury Secretary Scott Bessent.

The hidden cost of growing a firm without intention
The hidden cost of growing a firm without intention

To build a truly self-sustaining practice, enterprising advisors have to start with a vision of what they want to be – and accept the realities that come with building toward it.

Waverly, Apella buy $412M in RIA assets across Oregon, Northeast
Waverly, Apella buy $412M in RIA assets across Oregon, Northeast

Serial acquirers add a 35-year-old Oregon wealth manager and a New York practice focused on women navigating life transitions.

&Partners taps two UBS leaders to run its private wealth business
&Partners taps two UBS leaders to run its private wealth business

Mara Glassel and Julie Fox will co-lead the fast-growing hybrid RIA’s ultra-high-net-worth and private wealth businesses.

Citi sees Q3 profit jump as wealth unit books record $38B in net new assets
Citi sees Q3 profit jump as wealth unit books record $38B in net new assets

The banking giant's wealth arm extends its revenue streak as it pushes to exit consent orders weighing on growth since 2020.

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