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Securities
Breach of Fiduciary Duty
Failure to Safeguard Assets

Hillcrest Children's Center, Hillcrest Funding LLC v. Charles Schwab & Co. Inc.

Published: May 31, 2014 | Result Date: May 12, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 13-00664 Arbitration –  $750,000

Court

FINRA


Attorneys

Claimant

Andrew R. Park

Douglas M. Palais


Respondent

Gilbert R. Serota
(Arnold & Porter Kaye Scholer LLP)

Geoffrey S. Beckham
(Wells Fargo Advisors LLC)


Facts

Hillcrest Children's Center filed for arbitration against Charles Schwab & Co. Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Hillcrest asserted causes of action for failure to safeguard client assets, breach of fiduciary duty, negligence, breach of contract, violation of federal securities laws, violation of state and federal laws, vicarious liability, respondeat superior, control personal liability, and violation of equitable principles. The causes of action related to multiple wire transfers of funds, which Hillcrest alleged were unauthorized, and the use of speculative margin trading with Hillcrest's accounts.

DEFENDANT'S CONTENTIONS:
Charles Schwab denied the allegations and asserted various affirmative defenses.

Damages

Hillcrest sought $7 million in compensatory damages.

Result

The arbitration panel found that Charles Schwab was liable to Hillcrest for $750,000.

Other Information

ARBITRATORS: Paul Davis Pearlstein, Mary E. Woytek and Armand Philip Lione.


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