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Securities
Breach of Contract
Unauthorized Trading

Cyrus Tabaz v. Unionbanc Investment Services LLC, David Soong Park

Published: Feb. 9, 2018 | Result Date: Nov. 28, 2017 | Filing Date: Nov. 30, 2016 |

Case number: FINRA; 16-03487 Arbitration –  Respondent

Arbitrator

George L. Tindall


Attorneys

Claimant

Geoffrey G. Melkonian
(Law Offices of Geoffrey G. Melkonian)


Respondent

David A. Tong
(Keesal, Young & Logan)

Bryce M. Cullinane
(Keesal, Young & Logan APC)


Facts

Funds belonging to Cyrus Tabaz, which were held in an annuity, were traded.

Contentions

CLAIMANT'S CONTENTIONS: Tabaz contended several causes of action, including breach of fiduciary duty, SEC rule violation, breach of contract, various violations of Financial Industry Regulatory Authority rules, and unauthorized trading under a National Association of Securities Dealers rule.

RESPONDENT'S CONTENTIONS: Multiple defenses were asserted. Respondent denied Tabaz' claims.

Damages

Tabaz requested $220,167.90 plus interest, and slightly reduced the requested amount at the hearing.

Result

The panel entirely denied Tabaz' claims. The panel also recommended that references to the arbitration be expunged as to respondent David Soong Park. Finding the claim false, the panel opined that based on the testimony and evidence the reallocations were authorized by the claimant.

Other Information

ARBITRATORS: George L. Tindall, presiding chairperson; W. Scott Bowersock; Yvonne B. Burke.


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