Steven Badeau; Geneva BCCX XVIII, LLC; Geneva FTCX I, LLC; Geneva OSWX XII, LLC; Geneva OSWX XXII, LLC; Geneva OSWX XXXVI, LLC; Earl Holasek; Craig Lamon v. 1031 and TIC Investments LLC; Ameriprise Financial Services Inc.; Ameriprise Financial Services LLC; Thomas Joseph Berthel; Berthel, Fisher & Co. Financial Services; Ronald Odin Brendengen; She
Published: May 26, 2012 | Result Date: Apr. 9, 2012 | Filing Date: Jan. 1, 1900 |Case number: 10-02754 Arbitration – Dismissal
Court
FINRA
Attorneys
Claimant
Respondent
Paul Gamez
(Lewis, Brisbois, Bisgaard & Smith LLP)
Rebecca E. Maclaren
(Reif Law Group PC)
Facts
Steven Badeau, Earl Holasek, Craig Larmon, and several other claimants filed a claim against 1031 & TIC Investments LLC, Ameriprise Financial Services Inc. and several other entities and individuals relating to the purchase and sale of TIC Investments.
Claimants asserted the following claims: negligence; fraud; violations of federal and Minnesota state securities statutes; sale of unregistered securities; and negligent supervision.
Contentions
CLAIMANTS' CONTENTIONS:
Claimants contended that the TIC interests had no value. Claimants further contended that the interests turned out to be a massive fraudulent investment scheme that was managed by Respondents.
Damages
Claimants sought an unspecified amount for compensatory and punitive damages as well as interest, attorney fees and costs, other relief and rescission.
Result
Claimant Larmon's claims against respondents 1031 & TIC Investments and OMNI Brokerage, Inc. (and affiliated individual respondents) were dismissed without prejudice, claimant Badeau's and claimant Larmon's claims against respondent Berthel Fisher & Co. (and affiliated individual respondents) were denied and dismissed with prejudice, and claimant Holasek's claims against Ameriprise Financial Services Inc. were denied and dismissed with prejudice. The parties were ordered to bear their own costs and expenses and all other relief was denied.
Other Information
ARBITRATORS: Andrew R. Dick, Grant D. Sanders, Morton H. Greenberg.
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