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

401(k) savings rate at new record high but balances are down slightly
401(k) savings rate at new record high but balances are down slightly

Quarterly analysis of retirement accounts highlights positive behavior.

JPMorgan mulls new asset lending scheme aimed at crypto ETF investors
JPMorgan mulls new asset lending scheme aimed at crypto ETF investors

Insiders say the Wall Street giant is looking to let clients count certain crypto holdings as collateral or, in some cases, assets in their overall net worth.

Fintech bytes: Future Capital adds RayJay alum to C-suite, Advyzon welcomes ex-Envestnet leader
Fintech bytes: Future Capital adds RayJay alum to C-suite, Advyzon welcomes ex-Envestnet leader

The two wealth tech firms are bolstering their leadership as they take differing paths towards growth and improved advisor services.

UBS 'wrongfully' fired Idaho advisor in 2021: FINRA panel
UBS 'wrongfully' fired Idaho advisor in 2021: FINRA panel

“We think this happened because of Anderson’s age and that he was possibly leaving,” said the advisor’s attorney.

Cetera Trust hires Fidelity vet Kerri Scharr for chief fiduciary officer role
Cetera Trust hires Fidelity vet Kerri Scharr for chief fiduciary officer role

The newly appointed leader will be responsible for overseeing fiduciary governance, regulatory compliance, and risk management at Cetera's trust services company.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave

SPONSORED The evolution of private credit

From direct lending to asset-based finance to commercial real estate debt.