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Securities
Breach of Fiduciary Duty
Fraud and Misrepresentations

Alice M. Potter v. Ameritas Investment Corp., Tommy Bowman, Lawrence Rasche

Published: Jun. 9, 2012 | Result Date: May 11, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 11-02745 Arbitration –  $10,871

Court

FINRA


Attorneys

Claimant

David G. Liebrader


Respondent

Andrew J. Dorman
(Reminger Attorneys at Law)

Brian P. Nally

Jason D. Winter


Facts

Alice Potter filed a complaint against Ameritas Investment Corp., Tommy Bowman, and Lawrence Rasche for breach of fiduciary duty, fraud and misrepresentation, negligence, violation of Florida Securities Law, and violations of registration and licensing requirements related to the purchase of DLG Notes in Potter's account. DLG Notes was an unregistered security issued by Diversified Lending Group Inc.

Damages

Potter sought a rescission or $327,885 in compensatory damages as well as consequential damages, disgorgement and restitution of all earnings, profits, compensation. Potter also sought punitive and exemplary damages, interest, attorney fees and costs, and other relief.

Result

Potter withdrew her claims against Ameritas and Bowman, and the only remaining respondent was Rasche. The panel granted Rasche's motion to dismiss and Potter's claim was dismissed in its entirety with prejudice. Potter was then found liable for Rasche's attorney fees in the amount of $10,871. However, Rasche's request for expungement was denied.

Other Information

ARBITRATORS: Thomas F. Shine, Alan E. Linden, David C. Matthews.


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