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Securities
Breach of Fiduciary Duty
Constructive Fraud

Carmela Di Gregorio v. Oppenheimer & Co. Inc., Ronald Kunze

Published: Jan. 7, 2012 | Result Date: Dec. 13, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 10-00502 Arbitration –  Dismissal

Court

FINRA


Attorneys

Claimant

Thomas R. Catanese


Respondent

Diana H. Sur

Robert J. Girard
(Girard Bengali APC)


Facts

Carmela Di Gregorio entered into arbitration with Oppenheimer & Co. Inc. and Ronald Kunze regarding alleged mishandling of Gregorio's account.

Contentions

CLAIMANT'S CONTENTIONS:
Gregorio alleged negligence, breach of fiduciary duty, constructive fraud, fraud and deceit, as well as failure to supervise, securities violations, and breach of contract.

RESPONDENTS' CONTENTIONS:
Oppenheimer and Kunze denied the allegations, asserting various affirmative defenses.

Damages

Gregorio sought compensatory and consequential damages as well as disgorgement and restitution, rescission, lost opportunity cost, and attorney fees.

Result

The arbitration panel dismissed Gregorio's claims and recommended expungement from Kunze's registration records.

Other Information

ARBITRATORS: Elizabeth A. Copley, John E. Ohashi, Andrew C. Wahrenbrock.


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