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CHURNING
John Smith
1234 Investor St.
Los Angeles, CA 90024
(213) 000-0000
Date
National Association of Securities Dealers, Inc.
33 Whitehall Street
New York, New York 10004
Re: Statement of Claim and Request for Simplified Arbitration
John Smith, Claimant and
William Jones and XYZ Brokerage Firm, Respondents
Dear Sir or Madam:
Please accept this letter as my Statement of Claim and request
for arbitration under the Small Claims rules of the Code
of Arbitration Procedure. Also included is my Uniform Submission
Agreement.
My name is John Smith and I live in Los Angeles County,
California. I am 44 years old and I am employed as an Office
equipment technician. I earn $40,000 per year. I am bringing
this claim against Respondent William Jones, a registered
representative employed by Respondent XYZ Brokerage Company.
XYZ Brokerage Firm (XYZ) does business in the State of California
as a securities broker-dealer and maintains a branch office
in Los Angeles, California. Its office is located at [This
refers to the address of the branch used by the customer
].
Until I met William
Jones, I had always invested in conservative mutual funds
and blue chip stocks. In April, 1996, I received
a call from Mr. Jones, although I had never met him. Mr.
Jones told me that he would like to open an account for me
because he "could make me a lot of money in not a lot
of time." I asked Mr. Jones how he could do this. Mr.
Jones told me that by monitoring his clients' accounts on
a daily basis, he could buy when stocks were going up and
sell when they began to go down. Mr. Jones assured me that
his method maximized profits while limiting losses to five
percent "in the worst of disasters."
Because I didn't
know Mr. Jones and I told him I was unsure of his "system",
Mr. Jones suggested a six-month trial period to prove that
what he was saying would work.
I agreed, and opened an account (#000-0000-000) with Mr.
Jones and XYZ with a $10,000 deposit. A copy of my canceled
check is marked Exhibit A. Mr. Jones
began by purchasing stocks on the New York Stock Exchange,
like the stocks I had previously invested in. Mr. Jones
sold each stock within two weeks, mostly with a small profit.
At the end of the first month, Mr. Jones requested another
deposit of $20,000. Since he had made some small profits
already, I agreed and sent the money in. A copy of my canceled
check is marked Exhibit B.
After I made the additional deposit Mr. Jones had requested,
Mr Jones began buying and selling over-the-counter stocks,
in companies I had never heard of before. Instead of the
two weeks he waited to sell the NYSE stocks, he was buying
and selling stocks before I even received the confirmation
slips. Mr. Jones began to buy stocks without consulting
with me ahead of time. Each morning he would call me and
report on his progress, which, according to him, was always
good or great. After three months, Mr. Jones stopped calling
me before any trades (buying or selling), and his morning
telephone calls had begun to skip days.
I noticed that
certain stocks were being bought and sold repeatedly.
In addition, stocks that were going up in value
were being sold within days, and stocks that were going
down in value were held longer. A good example is DEF Corporation
("DEFC"). Mr. Jones bought 500 shares of DEFC
for $5000 on May 22 at $10, then sold it May 23 at $10.75.
He bought it again on June 6 for $8.50, but when it fell
he did not sell it until July 16 for $7.375. A schedule
of all purchases and sales in the account is attached as
Exhibit C.
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