IRA
Fraud
John
and Mary Smith
1234
Investor St.
Los
Angeles, CA 90024
(213)
000-0000
Date
National
Association of Securities Dealers, Inc.
Arbitration
Department
33
Whitehall Street
New
York, New York 10004
Re:
Statement of Claim and Request for Simplified Arbitration
John
and Mary Smith, Claimants and
William
Jones and XYZ Brokerage Firm, Respondents
Dear
Sir or Madam:
Please
accept this letter as our Statement of Claim and request
for arbitration under the Small Claims rules of the Code
of Arbitration Procedure. Our Uniform Submission Agreement
is also enclosed.
Our
names are Mary Smith and John Smith. We are husband and
wife and live in Los Angeles County, California. Mary
Smith is 33 years old and is a substitute school teacher.
John Smith is 35 years old and is the manager of a produce
department for a supermarket. Our combined annual income
is approximately $45,000.
We
are bringing this claim against Respondent William Jones,
a registered representative employed by Respondent XYZ
Brokerage Company. XYZ Brokerage ("XYZ" ) does
business in the State of California as a securities broker-dealer.
XYZ maintains a branch office in Los Angeles, California.
Its address is [This refers to the address of the branch
used by the customer ].
The
only investment accounts we have ever had are our IRA
accounts. Until we met William Jones, we kept our IRA
investments in mutual funds and certificates of deposit.
In April, 1996, we received a call from Mr. Jones, although
we had never met him. Mr. Jones asked us what kind of
investment accounts we had and we told him that we had
only our IRA accounts. He asked what kind of investments
we had in our accounts and we told him that we had mutual
funds and CD's. Mr. Jones told us that the way we were
investing, we would never be able to retire. He said
that he would like us to transfer our IRA accounts to
XYZ and that he would help us to make investments that
would make our mutual funds and CD's pale by comparison.
He said that he could increase the value of our accounts
in "no time". Mr. Jones recommended that we
purchase Wonderful, Inc., a New York Stock Exchange stock.
We had heard of the company and, based on what Mr. Jones
told us, we thought it would be a good investment so
each of us bought the Wonderful, Inc. stock for our IRA
accounts.
Over
the next several weeks, Mr. Jones kept calling us and
made other stock recommendations, some of which we approved
and others that we did not approve. On June 1, 1996,
Mr. Jones called and recommended that we each buy 1,000
shares of Dumb & Dumber, Inc. ("Dumb").
Mr. Jones told us that XYZ was a market maker in the
stock, and he kept telling us that the stock was "a
rocket," and that all the people at XYZ knew it
was going to go way up in price.
We
asked Mr. Jones for information on Dumb because we had
never heard of it. Mr. Jones told us that there was no
time, and that if we didn't buy immediately, we would
lose out on a great opportunity.
We
told Mr. Jones that we were not comfortable buying a
stock in a company we had never heard of, but he told
us that he and XYZ knew all about it and he would hate
to see us lose out on such a great opportunity. We took
Mr. Jones at his word since we thought he had our best
interests in mind.
Several
days later, we received two confirmation in the mail,
each showing a 200 share purchase of Dumb, at a cost
of $7,000 (Exhibit A). Mr. Jones sold our mutual funds
to pay for the purchases.
When
we received our month-end statements from XYZ, we saw
that Dumb was worth about 30% less than what we had paid
for it (Exhibit B). We immediately called Mr. Jones to
find out what had happened.