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Securities
Breach of Fiduciary Duty
Elder Abuse

G. Arnold Lawton, G. Arnold Lawton Trust U/A dtd 03/11/2004 v. Wells Fargo Investments, LLC, Jack Wong

Published: Jul. 9, 2011 | Result Date: May 20, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 09-06644 Arbitration –  Dismissal

Court

FINRA


Attorneys

Claimant

Brian D. Miller
(Miller & Milove)


Respondent

Abe Lampart
(Law Offices of Abe Lampart PC)


Facts

G. Arnold Lawton and the G. Arnold Lawton Trust U/A dated 03/11/2004 filed an action against Wells Fargo Investments LLC and Jack Wong. The action related to claimants' investments in a variable annuity and FNMA note.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant alleged claims for breach of fiduciary duty, elder abuse, negligence, fraud, securities fraud, breach of contract, breach of the covenant of good faith and fair dealing, and constructive fraud. Claimant argued that respondents made improper attempts to maximize brokerage commission, and alleged unsuitability of investments.

RESPONDENT'S CONTENTIONS:
Respondents rejected the allegations.

Damages

Claimants sought $500,000, and disgorgement of excessive fees.

Result

The parties settled in advance of arbitration and claimant did not present a case. In an expungement proceeding the Panel recommended expungement from respondent Wong's registration records.


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