This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Securities
Breach of Fiduciary Duty
Fraud and Misrepresentation

Michael Armstrong, Michael Armstrong IRA v. Madison Avenue Securities Inc., David L. Carlson

Published: Sep. 24, 2011 | Result Date: Jun. 22, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 10-00477 Arbitration –  $193,163

Court

FINRA


Attorneys

Claimant

David G. Liebrader


Respondent

Alvin L. Fishman
(JRA Law Partners LLP)

H. Thomas Fehn
(Fields Fehn & Sherwin)


Facts

Michael Armstrong and Michael Armstrong, IRA filed a complaint against Madison Avenue Securities Inc. and David Carlson related to an alleged Ponzi scheme involving investment in unregistered securities issued by Diversified Lending Group Inc. (DLG). Claimant asserted: breach of fiduciary duty; fraud and misrepresentation; negligence; and violations of California Securities Laws.

Damages

Claimant sought rescission or compensatory damages of no less than $198,000; consequential damages; disgorgement and restitution; punitive and exemplary damages; interest; and attorney fees and costs.

Result

Carlson was found liable for $183,163 in damages plus $10,000 to be paid to Madison Avenue, who was voluntarily dismissed by claimant prior to the hearing. Carlson was also liable for prejudgment interest and attorney fees in the amount of $25,000. All other relief were denied.

Other Information

ARBITRATORS: Neil S. Jasper, Royal D. Heisser, Ronald F. Rybandt.


#118054

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390