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UNAUTHORIZED PURCHASE
John Smith
1234 Investor Street
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 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 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 and maintains
a branch office in Los Angeles, California. Its address is
[This refers to the address of the branch used by the customer
].
Prior to the time I met William Jones, I had invested primarily
in conservative mutual funds and blue-chip stocks.
In
April, 1996, I received a call from Mr. Jones, whom I had
never met. 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 told Mr. Jones that I
only invested in mutual funds and blue chip stocks because
I didn't believe in risky investment strategies. Mr. Jones
said he had an investment that would fit my requirements
and he recommended purchasing the stock of Wonderful, Inc.,
a New York Stock Exchange stock. I had heard of the company
and thought it would be a good investment so I approved of
the purchase.
Over
the next several weeks, Mr. Jones called me and made other
recommendations. Some of the suggestions he made were
for the purchase of blue-chip stocks and some were for companies
I had never heard of. I bought some of the blue-chips Mr.
Jones recommended but declined to buy some of the over-the-counter
stocks he was suggesting because I didn't know anything about
them and they were not in keeping with my goal of only buying
blue chips and mutual funds. During the first week of June,
1996, Mr. Jones recommended that I buy 2,000 shares of Risk-O
Corp. Mr. Jones strongly and repeatedly told me that the
stock was "a rocket", and that the price was only
going to go up.
I was not familiar with Risk-O, so I asked Mr. Jones to
send me some information on the company. Mr. Jones told me
that there was no time, that if I didn't buy right now, I
would lose out on a great opportunity. I told him that if
he could not provide me with the information I had requested,
that I had no interest in buying Risk-O.
Several days later, I received a confirmation in the mail
showing a 2,000 share purchase of Risk-O, at a cost of $35,000
(Exhibit A). Mr. Jones' commission on this trade was $1,400.
I immediately called Jones to remind him that I had refused
to buy Risk-O and told him to reverse the transaction.
XYZ used funds from my cash reserve to pay for the transaction.
Mr. Jones also told me that I was already ahead since Risk-O
had risen $.375 per share since the date of purchase. (see
Exhibit B) [Exhibit B would be a newspaper clipping showing
the price of Risk-O had risen since purchase]. I told Mr.
Jones again that I had never authorized the trade and to
cancel it.
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