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Securities
Breach of Fiduciary Duty
Misrepresentations and Omissions of Material Facts

Robert M. Sapp Jr. v. ING Financial Partners Inc., Howard R. Pinson

Published: Aug. 4, 2012 | Result Date: Jul. 10, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 09-00543 Arbitration –  $190,000

Court

FINRA


Attorneys

Claimant

David Gaba
(Compass Law Group )


Respondent

Shannon L. McDougald
(McDougald Law Group PS)

Trent M. Latta
(McDougald Law Group PS)

Louie H. Castoria
(Kaufman, Dolowich & Voluck LLP)


Facts

Robert Sapp filed a complaint against ING Financial Partners Inc. and Howard Pinson for misrepresentations and omissions of material facts, vicarious liability, failure to supervise, violation of Revised Code of Washington Sections 21.20.010 and 21.20.140, violation of state and federal securities laws, violation of the Washington Consumer Protection Act, breach of duties, including fiduciary duties, and breach of contractual duties relevant to claimant's investment in Washington Custom Builders Inc. Respondents denied the allegations.

Damages

At the close of hearing, Sapp requested alternative sets of damages as follows: under the Securities Act for $386,600, $455,000 in tort damages, and $260,000 in damages under the Washington Consumer Protection Act.

Result

The FINRA Panel found Pison liable to Sapp for $115,000 in compensatory damages plus 8 percent interest if the award is not paid by the date set by the arbitrators, and $75,000 in damages under RCW Section 21.20.430. The Panel also denied Pinson's request for expungement, and dismissed all claims against Respondent ING with prejudice.

Other Information

ARBITRATORS: Robert Charkovsky, Paul D. Pearlstein, Bryon P. Fusini.


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