Matthew Martin Howley v. Merrill Lynch Pierce Fenner & Smith Inc.
Published: Apr. 5, 2019 | Result Date: Mar. 4, 2019 | Filing Date: Sep. 18, 2018 |Case number: FINRA: 18-03267 Arbitration – Expungement
Arbitrator
Attorneys
Claimant
Kurt T. Kalberer II
(Kalberer LLP)
Respondent
Sarah K. Yates
(Bressler, Amery & Ross PC)
Facts
Matthew Howley filed an arbitration claim against Merrill Lynch in relation to expungement of an underlying FINRA arbitration case from his Central Registration Depository records.
Contentions
CLAIMANT'S CONTENTIONS: Howley requested expungement of an underlying FINRA arbitration case and contended the claim was factually impossible or clearly erroneous. He also contended the claim was false. Howley contended that the investments at issue were suitable and consistent with the customer's objectives and risk tolerance. Howley also contended that the customer was a sophisticated investor and was advised by her father and investment manager.
RESPONDENT'S CONTENTIONS: Merrill Lynch did not take a position as to the expungement request.
Result
The arbitrator recommended expungement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390