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Securities
Fraud
Sort-Term Bond Fund

Seymour Berger and Barbara Berger, Trustees of the Barbara Berger Revocable Trust v. Charles Schwab & Co. Inc.

Published: Sep. 21, 2013 | Result Date: Sep. 9, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 12-01933 Arbitration –  Expungement

Court

FINRA


Attorneys

Claimant

Charles E. Scarlett


Respondent

Anthony L. Valenzuela
(Charles Schwab & Co.)


Facts

Seymour Berger and Barbara Berger, as Trustees of the Barbara Berger Revocable Trust, filed a complaint against Charles Schwab & Co. Inc. related to the purchase of The Schwab TieldPlus Select Fund, a short-term bond fund. Claimants asserted fraud; breach of fiduciary duty; negligence; and breach of contract.

Contentions

RESPONDENT'S CONTENTIONS:
Respondent sought dismissal of claimants' claims in its entirety. Respondent also sought expungement of Stacy Bliss's, a non-party, record.

Damages

Claimants sought $87,000 in compensatory judgment plus pre- and post-judgment interest. They also sought disgorgement; $261,000 in punitive damages; costs; fraud damages; an explanation for any basis of any punitive damage award; and other relief.

Result

The parties reached a settlement on or about June 4, 2013. The FINRA Panel thereafter recommended expungement of the non-party's records.

Other Information

ARBITRATORS: Barth Satuloff, Howard Bernstein and Robert G. Geeseman


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