FINRA Case Number: 09-00405
On January 21, 2010 a FINRA Arbitration Panel determined that Stifel, Nicholaus & Company, Inc. was liable for compensable losses in this case of unsuitable investments and strategies, negligence, failure to supervise, and breach of fiduciary duty. Claimants were represented by Newport Beach, California attorney Martin B. Greenbaum Esq., Greenbaum Law Group LLP, and Ronald E. Miller, Loss Recovery Center Inc., Reno, Nevada.
In October, 2007 our clients’ opened an account with Stifel, Nicholaus & Company, Inc. They were on a fixed income of $800 monthly from Social Security. To supplement their income they arranged through their stock broker to take monthly withdraws from their brokerage account. In November 2007 their account value plunged by more than $150,000 due to the speculative and concentrated nature of the securities in their account. By June 2008 their total portfolio depicted unrealized losses of $517,804.
The stock broker assigned to the account maintained a margin loan balance in excess of $280,000. In October 2008, the broker had to liquidate the account to meet a margin call even though their portfolio had declined dramatically. Due to the losses caused by the mismanagement of our clients’ funds resulting in the loss of their entire life savings, they attempted to take out a mortgage in order to provide some supplemental retirement income. To assist in the mortgage application process, their stock broker at Stifel wrote a memo to the bank, which reads in part:
“As recently as August and September of this year [2008], this account was valued in excess of $400,000 and produced monthly income of $6,000 plus. Today, the account has no value and no income as a result of the forced liquidation of the securities to meet Federal margin calls.”
As a result of Stifels’ unsuitable security selection, concentration in the private equity sector of the market, use of extreme leverage, failure to mitigate losses or employ any other risk management strategies, and failed supervision of the stock broker’s activities, the FINRA Arbitration Panel decided Stifel, Nicholaus & Company, Inc., laible for compensatory damages, interest, attorneys’ fees, and reimbursement of the non-refundable portion of the FINRA filing fee by awarding our clients’ $395,577.