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FBI VOL00009
EFTA00726318
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FINRA Dispute Resolution Arbitrator ID: Since 1991, I have practiced law in a small boutique law firm setting. My practice is small but quite diversified, including corporate, entertainment and commercial matters (litigation and non-litigation). Accordingly, one day I may find myself in federal court litigating trademark issues, and the next I may draft a private placement memorandum or meeting with clients concerning the launching of a new cosmetics line. From 1987 to 1991, I worked for Shearman & Sterling, in NYC, as a corporate associate. My duties included transactional support on a number of large and sophisticated domestic and international matters, including secured bank financings, corporate reorganizations and work-outs, privately negotiated mergers and acquisitions and cross-border commercial leveraged leases. I also worked on a number of pro-bono matters. After college and prior to law school. I served in a number of public interest capacities in Washington, D.C. I assisted a World Bank economist with an international price study; I supervised a staff of approximately 10 reporters and authored articles for Youth Policy Magazine, a journal founded by the Robert F. Kennedy Memorial and dedicated to issues affecting America's youth; and I advised Congressman Robert Torricelli (now Senator) on a number of legislative issues, primarily in the areas of foreign affairs and science and technology. During college I was an intern at the Alliance for Justice, a coalition of public interest law organizations. Julere, a co-authored an article on concerning public agency non-compliance with the Administrative Procedure Act. My professional activities include membership in the American Bar Association and the NY State Bar Association. Staff ID: LeeC Page 53 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726378
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FINRA Dispute Resolution Arbitrator ID: Name: Arbitrator ID: CRD #: City/State/Country: Classification: FINRA Mediator: Chair Status: Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/15/2010 Mr. Mark A. Egert New York / NY / United States Non-public No None ARBITRATOR Skills in Controversy: Employment - Breath of Contract. Employment - Compensation. Employment - Employment Discrimination. Employment - Wrongful Termination, Other - Underwriting, Trading Disputes - Buy In, Trading Disputes - Sell Outs Skills in Securities: Repurchase Agreements Start Date End Date 01/2005 Present 07/2003 01/2005 09/1997 03/2003 01/1995 09/1997 03/1992 01/1995 10/1987 03/1992 EMPLOYMENT Firm Cowen & Company. LLC RBC Capital Markets Corporation ABN AMRO, Incorporated Securities Industry Association Kavanagh Peters Powell & Osnato Shearman & Sterling Position Chief Compliance Officer Legal & Compliance Director Chief Legal Officer VP/Annriate General Counsel Associate Associate EDUCATION Start Date End Date School Washington University Law School of Delaware Degree 01/1984 01/1980 01/1987 George 01/1984 University JD BA TRAINING Completed Description Details Finn/School Hours Location 05/2009 Expungement - 2008 FINRA 1 12/2008 Refresher Revised Code of FINRA 2 online 10/2004 Arbitration Expungement online mini-course NASD 1.5 online 06/2000 New Panel Member NASD 11 New York, NY Training [NASD] Type Has an account with Had an account with Was employed by Staff ID: LeeC DISCLOSURE/CONFLICT INFORMATION Firm Name Details Merrill Lynch Pierce Fenner & Smith ABN AMRO, Inc. ABN AMRO, Inc. Page 54 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726379
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FINRA Dispute Resolution Had an account with Had an account with Has made a disclosure about Is employed by Was a Client Had an account with Had an account with Was employed by Had an account with Was a member of Is a member of Is a member of Has made a disclosure about Bluestone Capital Corp. CIBC World Markets Corp. CRT Financial Group, Inc. Cowen and Company, LLC DLA Piper Rudnick Gray Cary US LLP Fidelity Investments Institutional Services J.P.R. Capital Corp. RBC Capital Markets Corporation RBC Dain Rauscher Inc. SIA SIFMA The Bond Market Association Arbitrator ID: Whale Seucrities Oppenheimer (Past) Served on various Securities Ind. Committees PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section. Current as of 01/20/2010 Case ID Case Name 07-03282 Joseph Stevens 8 Company, Inc. vs. Joseph Bloc ken, Cleon R. Cato, Rennatto A. Comejo, Mark Dalcollo, et al. 06-01355 Wachovia Securities Financial Network, LLC v. Mark Goldberg 04-02958 Robert Bruce Harris vs. Michael Joseph Pierce III 01-02336 Tina Daniels vs. Weatherly Securities Corp., and Jason Gross Close Date 03/03/2009 02/23/2007 01/19/2005 10/23/2002 ARBITRATOR BACKGROUND INFORMATION I am currently employed by Cowen and Company, LLC., and serve as Chief Compliance Officer. My title is Managing Director. I am a member of the Office of the Chief Executive and a number of other management committees. Since I began my legal career in 1987, I have worked at two law firms, one trade association and three brokerage firms and banks. The focus of my practice has been on securities rules and regulations, as well as general corporate and transactional matters. "Based on information made available to FINRA, the arbitrator (i) is an employee of a firm that, at any point since January 1, 2005, sold auction rate securities, or (ii) was an employee of such a firm at any time after January 1, 2005." Staff ID: LeeC Page 55 of 75 Publicly Available Awards Section. Current as of 0120/2010 EFTA00726380
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FINRA Dispute Resolution Arbitrator ID: Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/15/2010 Name: Arbitrator ID: CRD #: City/State/Country: Classification: FINRA Mediator: Chair Status: Mr. James I. Berliner Larchmont / NY / United States Non-public No None ARBITRATOR Skills in Controversy: There are no skills in controversy information. Skills In Securities: There are no skills in security information. Start Date End Date 01/2006 Present 09/2005 Present 01/1994 12/2005 10/1965 03/1994 12/1963 10/1965 06/1951 12/1963 EMPLOYMENT Firm Corporate Angel Network March of Dimes Foundation International Executive Services Corp. JP Morgan Guaranty Trust Company American Union Transport International General Electric Company Position Scheduler Volunteer Leadership Executive Recruiter Managing Director Foreign Commercial Paper Trade Accounting EDUCATION Start Date End Date School 09/1947 06/1951 Oberlin College Degree BA Economics Completed Description 01/2009 Expungement - 2008 Refresher 06/2008 Online Basic Panel FINRA Training 06/2008 Expungement online FINRA mini-course 05/2005 Additional Securities Introduction and NYSE Training Workshop Topics Details TRAINING Firm/School FINRA Hours Location 1 11 online 1.5 online 2 Type Family Member has relationship with DISCLOSURE/CONFLICT INFORMATION Firm Name Bumham Securities Has an account with Bumham Securities Family Member has relationship Vanguard Group with Staff ID: LeeC Page 56 of 75 Details Spouse has account Spouse has account Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726381
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FINRA Dispute Resolution Arbitrator ID: Has an account with Vanguard Group Has made a disclosure about JP Morgan 8 Co. Receives pension and retiree healthcare Family member had relationship Smith Barney Spouse had account with Had an account with Smith Barney Family member had relationship UBS Spouse had account with Had an account with UBS PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section, Current as of 01/20/2010 Case ID Case Name Close Date There is no award information. ARBITRATOR BACKGROUND INFORMATION Starting in 2005, I began a two day a week volunteer position with the National Headquarters of the March of Dimes. My position is in the Volunteer Leadership Department which strives to improve the quality and retention of volunteers for the March of Dimes nationwide. From 1994 until 2005, I worked for about three days each week for a not-for-profit organization, the International Executive Service Corps. My job, a volunteer position, was to recruit businessmen and professionals, mostly retired, to assist organizations in developing nations. The program was financed principally by the United States Agency for International Development. I found that this work sharpened my skills in judging the suitability of candidates to undertake assignments abroad often under difficult conditions. I left the organization in 2005 when the function I was performing was moved to Washington, D.C. I spent 29 years, until I retired in 1994, with Morgan Guaranty Trust Company, a subsidiary of J. P. Morgan and Co. During my entire career with Morgan, I was assigned to the commercial banking side of the Company. Initially I was in the Commodity Finance group which provided secured financing to commodity importers and exporters of foods and fibers. From there I was assigned to the Petroleum Department which handled banking relationships with oil companies. In 1978 I supervised five professionals as head of the newly established Project Finance Department. This group was charged with the responsibility of soliciting and structuring complicated financing of development projects worldwide. The basis of this financing was analyzing the risk of the project to generate sufficient cash flow to repay creditors. From 1982 until 1985, I headed the Natural Resources Group in the Bank's London Office supervising fifteen professionals. My final assignment, before my retirement, was Senior Credit Officer for the Bank's North American banking business. My responsibilities included approving large exposures to clients arising out of loans, commitments, lines of credit, interest rate and currency swaps, etc. Before joining Morgan, I worked for American Union Transport, a privately owned shipping company which had a small finance group. The finance group marketed high risk commercial paper issued by organizations in developing countries. For twelve years after being graduated from college I was employed by the international division of General Electric Company in a variety of accounting and equipment sales finance positions. In addition to having served as an arbitrator at the NYSE, my experience as a senior credit officer at Morgan Guaranty Trust Co. required me to make judgments based upon the presentation of facts, data, and other information. My decisions not only needed to balance issues such as risk/reward but to probe the presenters on the facts and analysis they used in making their cases. It was always necessary to be completely unbiased in making judgments because the decisions had a major monetary impact on the Bank's results. On July 23, 2008 the Arbitrator responded to a FINRA survey about auction rate securities. In the response, the Arbitrator disclosed that since January 1, 2005, the Arbitrator has not been employed by or associated with a brokerage firm. Staff ID: LeeC Page 57 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726382
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FINRA Dispute Resolution Arbitrator ID: Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/15/2010 ARBITRATOR Name: Mr. Brian J. Neville Skills in Controversy: Arbitrator ID: There are no skills in controversy information. CRD #: 2463115 City/State/Country: New York / NY United States Classification: Non-public Skills in Securities: FINRA Mediator: No There are no skills in security information. Chair Status: Qualified EMPLOYMENT Start Date End Date fima Position 11/2007 Present Lax & Neville, LLC Partner 01/2002 10/2007 Law Offices of Brian J. Neville Owner 05/2000 12/2001 Kogan Taubman & Neville, LLC Partner 01/1996 05/2000 Josephthal & Co. Associate General Counsel 02/1994 01/1996 Prudential Securities, Inc. Attorney 08/1993 02/1994 Sangerman & Associates Associate Attorney EDUCATION Start Date End Date Schoo Degree 01/1990 01/1993 New York Law School JD 01/1986 01/1990 University of Scranton BS Accounting TRAINING Completed Description Details Firm/School Hours Location 06/2008 Revised Code of FINRA 2 online 11/2007 Arbitration Additional Securities Securities Arbitration NYSBA New York 10/2004 Training Expungement online mini-course & Mediation NASD 1.5 online 07/2004 New Chairperson NASD 11 online 07/2004 Training [NASD] Duty to Disclose online mini-course NASD 1 online 03/2000 Expungement - 2008 FINRA 1 02/2000 Refresher New Chairperson NASD 11 New York, NY 12/1999 Training [NASD] New Panel Member NASD 11 New York, NY Training [NASD) Staff ID: LeeC Page 58 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726383
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FINRA Dispute Resolution Arbitrator ID'. DISCLOSURE/CONFLICT INFORMATION li ps Initiated/defended legal action against Initiated/defended legal action against Initiated/defended legal action against Is a Client Is a Client Initiated/defended legal action against Is a Client Initiated/defended legal action against Initiated/defended legal action against Was employed by Initiated/defended legal action against Initiated/defended legal action against Initiated/defended legal action against Is a Client Initiated/defended legal action against Initiated/defended legal action against Family Member has relationship with Initiated/defended legal action against Was employed by Initiated/defended legal action against Initiated/defended legal action against Initiated/defended legal action against Initiated/defended legal action against I have a client of Initiated/defended legal action against Initiated/defended legal action against Is a Client Stan ID: LeeC Firm Name Advest. Inc. Charles Schwab Citigroup Global Markets. Inc. EsTrade Financial Securities Fahnestock International Inc. Fidelity Brokerage Services LLC First Republic Group, LLC First Union Securities. Inc. Janney Montgomery Scott LLC Josephthal & Co., Inc. Kirlin Securities Marquis Financial Services. Inc. McMahon Securities, Co. Melhado, Flynn & Associates Merrill Lynch Pierce Fenner & Smith Morgan Stanley & Co., Incorporated Morgan Stanley DW, Inc. Prime Charter Ltd., Inc. Prudential Equity Group, LLC RBC Dain Rauscher Inc. Summit Equation UBS Financial Services Inc. Wachovia Securities, LLC Wall Street Access Corp. Baric Inventor Bear Steams & Co., Inc. Broadwall Capital. LLC Page 59 of 75 Details Customer cases Customer cases against Salomon Smith Barney Representation Customer cases Customer cases Customer cases Brother employed Customer cases Prudential Securities 1/96-2000 Publicly Available Awards Section. Current as of 01120/2010 EFTA00726384
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FINRA Dispute Resolution Arbitrator ID: Initiated/defended legal action against Initiated/defended legal action against Initiated/defended legal action against Initiated/defended legal action against I have a client of Initiated/defended legal action against Initiated/defended legal action against Initiated/defended legal action against Initiated/defended legal action against I have a client of Initiated/defended legal action RD White against Initiated/defended legal action Royal Alliance against Was a member of SIA Initiated/defended legal action SW Bach against I have a client of I have a client of I have a client of I have a client of Family member had relationship with I have a client of Westminster Securities Corp I have a client of Wolverine Trading Is a Member of Bar Association Is a Member of Bar Association Initiated/defended legal action against CSFB Clearing Services of America Dupont Securities Emast Investors First Allied Securities First Colonial Securities Group First Montauk Securities Linsco Private Ledger Millennium Securities Park Financial Securities Saxorry Securities Sperreir Track Securities Strausberger, Pearson, Tulcin & Wolff V Finance Securities WMA Securities 1/96-Present Compliance & Legal Division Brother was employed Representation New Jersey New York Todd Eberhard PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section, Current as of 01/20/2010 Case ID Case Name 08-01148 Gisela Selo vs. Robert R. Meredith & Co., Inc. 07-01786 Clark Dodge & Co., Inc. v. Martin Rybak 05-06403 Brian Langenberg v. Soleil Securities Corporation 05-06317 Michael Picozzi v. Lehman Brothers, Inc., and William Philip Walsh Close Date 03/26/2009 12/12/2007 06/22/2007 06/04/2007 Staff ID: LeeC Pape 60 of 75 Publicly Available Awards Section, Current as of 01/2=010 EFTA00726385
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FINRA Dispute Resolution Arbitrator ID: 99-02295 James Messenger and Lois Messenger vs Biltmore Securities Inc., Rand Alan Heckler, FAS 04/15/2003 Wealth Management Service etal ARBITRATOR BACKGROUND INFORMATION After graduating law school, I worked briefly for a small law firm specializing in elder law. In February of 1994, I joined the Prudential Securities Inc. Legal Department working on the Limited Partnership Settlement Fund, where I represented Prudential in dozens of expedited arbitrations and also settled approximately a hundred claims. In January of 1996, I left Prudential and joined the legal department of Josephthal Lyon & Ross Inc. (Josephthal & Co., Inc). I have represented Josephthal at numerous NASD and NYSE arbitrations including customer sales practice cases and former employee claims including wrongful termination, defamation and Title VII claims. I have occasionally represented Josephthal in cases against former brokers. Additionally, I have represented brokers at NYSE and NASD enforcement actions. In May 2000, I left Josephthal to join the newly named law firm of Kogan Taubman & Neville, LLC. Starting January 2002 I left this firm and am operating as a solo practitioner. I am a full service law firm specializing in securities related issues. I represent issuers, investors and members of the brokerage and investment banking community. I am currently employed with the firm of Lax & Neville, LLP. On September 12, 2008, the Arbitrator responded to a FINRA survey about auction rate securities. In the response, the Arbitrator disclosed that since January 1, 2005, the Arbitrator has not been employed by or associated with a brokerage firm. Staff ID: LeeC Page 61 of 75 Publicly Available Awards Section. Current as of 0120/2010 EFTA00726386
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FINRA Dispute Resolution Arbitrator ID: Name: Arbitrator ID: CRD #: City/State/Country: Classification: FINRA Mediator: Chair Status: Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/15/2010 Mr. Andrew Joseph Donovan ARBITRATOR Skills in Controversy: Account Related - Dividends, Account Related - Transfer 1291765 Mohegan Lake / NY / United States Non-public No None Skills in Securities: Annuities. Corporate Bonds. Government Securities, Mutual Funds, Municipal Bonds, Municipal Bond Funds, Preferred Stock Start Date End Date 01/2001 Present 01/2001 Present 08/1996 01/2001 05/1996 08/1996 01/1994 12/1997 10/1993 08/1996 01/1990 1211993 07/1989 10/1993 04/1988 07/1989 07/1984 04/1988 01/1980 06/1984 07/1978 10/1979 EMPLOYMENT Firm LPL Financial Self-Employed Chase Investment Services Advantage Capital Westchester County US Merchant Marine Acad. Town of Yorktown NY Medical College Kidder Peabody Merrill Lynch US Navy Merrill Lynch position Registered Representative Financial Consultant Financial Consultant Registered Representative County Legislator Director of Development NY Councilman Director of Development Financial Consultant Financial Consultant Damage Control Officer Operations Manager Start Date 12/1994 07/1974 09/1970 End Date 03/1996 02/1983 06/1974 EDUCATION School College of Financial Planning Fordham University Fordham University Desires CFP PhD BA Completed Description Details 03/2009 Motion to Dismiss Completed FAQ Training 01/2009 Expungement - 2008 Completed FAQ FINRA Refresher 12/2008 Onsite Basic Panel FINRA Training TRAINING Firm/School FINRA Hours Location 1 1 4 Newark, NJ Staff ID: lime Page 02 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726387
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FINRA Dispute Resolution 12/2008 11/2008 Expungement online mini-course Online Basic Panel Training FINRA FINRA Arbitrator ID: 1.5 online 11 online Tvoe Has an account with I am a client of Is a member of Had an account with I was a client of Received Honors Had an account with I was a client of Was a member of Was a member of Was a member of Has published Has published Lectured on Lectured on Holds Securities License(s) DISCLOSURE/CONFLICT INFORMATION Firm Name LPL Financial LPL Financial Boy Scout Chase Investment Services Chase Investment Services HB Earthart Foundation Merrill Lynch Merrill Lynch New York State 4-H Foundation Town of Yorktown Yorktown Chamber of Commerce Details IRA Leader IRA Fellow Shipe Brokerage/IRA Chairman Elected Councilman Former Director "Fund Raising Management" "Planned Giving Today" Fund Raising ProgramlCreation & Mgmt. Planned Giving Series 7, 24, 63, and 65 Case ID Case Name PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section. Current as of 01/202010 There is no award information. Close Date ARBITRATOR BACKGROUND INFORMATION Andrew Donovan was born in New York City where he attended local schools. He graduated from Fordham University where he received his BA degree. He was awarded a Fellowship by the H.B. Earhart Foundation. He taught American Government at Fordham University from 1976 to 1978. He received his Ph.D. from Fordham University in 1983. In 1978 Mr. Donovan joined Merrill Lynch, Pierce, Fenner and Smith, Inc. in New York. He was appointed Operations Manager for the New York Commodity Sales Office. In 1980, Mr. Donovan took leave from Merrill Lynch and was commissioned an officer in the United States Navy. During his four and a half years on active duty, he served as Damage Control Officer aboard and, ammunition ship and as Navigator aboard the guided missile cruiser, USS Josephus Daniels. After his discharge from active duty in 1984, he remained in the Naval Reserve. He is a graduate of the United States Naval War College. He retired in 2000 with the rank of Lieutenant Commander. Mr. Donovan returned to Merrill Lynch, Pierce, Fenner and Smith in 1984 as a Financial Consultant advising individuals and businesses on investments, insurance and retirement plans. He was later employed by Kidder Peabody and Company as a Financial Consultant and by both New York Medical College and the United States Merchant Marine Academy as Director of Development. Mr. Donovan was a Certified Fund Raising Executive (CFRE) specializing in planned giving. His articles have been published in "Planned Giving Today" and "Fund Raising Management." He has presented seminars on planned giving, Stall ID: LeeC Page 63 of 75 Publicly Available Awards Section. Current as of 01/202010 EFTA00726388
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FINRA Dispute Resolution Arbitrator ID: and fund raising program creation and management. In 1989, Mr. Donovan was elected Councilman in the Town of Yorktown. In 1993 he was elected Westchester County Legislator. He was re-elected in 1995. He did not seek re-election at the expiration of his term. During this time he also served as Chairman of the New York State 4-H Foundation. He is also a former Director of the Yorktown Chamber of Commerce. Today he serves as a Boy Scout leader. In 1996, Mr. Donovan joined Chase Investment Services as a Financial Consultant in the Yorktown Peekskill area. Mr. Donovan joined the national independent brokerage firm of LPL Financial in 2001. As an independent financial representative, his business operates under the name of Donovan Financial. As a Certified Financial Planner professional, securities and insurance are offered through LPL Financial which is a member of the FINRA and SIPC. On October 7, 2008, the arbitrator responded to a FINRA survey about auction rate securities. In the response, the arbitrator disclosed that since January 1, 2005, the arbitrator had been employed by or associated with a brokerage firm that sold auction rate securities. Staff ID: LeeC Pape 64 of 75 Publicly Available Awards Section, Current as of 01/20,2010 EFTA00726389
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FINRA Dispute Resolution Arbitrator ID: Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/15/2010 ARBITRATOR Name: Mr. Antonio Concepcion Skills in Controversy: Arbitrator ID: Account Related - Dividends, Executions - Execution Price, Executions - Limit v. Market Order, Trading Disputes - Buy In, CRD Trading Disputes - Mark-ups. Trading Disputes - Sell Outs City/State/Country: Hightstown NJ / United States Classification: Non-public Skills In Securities: FINRA Mediator: No Common Stock, Corporate Bonds, Mutual Funds, Preferred Chair Status: None Stock, DO NOT USE, Warrants/Rights EMPLOYMENT Start Date End Date Firm Position 08/2001 Present Retired not provided 01/1996 08/2001 Hill, Thompson, Magid, L.P. Senior Foreign Trader 10/1994 12/1995 Wood Gundy Corporation Order Clerk 05/1994 08/1994 Ernst & Company Trader OTC 07/1992 04/1994 Cart Securities Corporation Trader OTC 08/1987 01/1992 Adler Coleman & Company Trader 02/1965 08/1987 Carl Marks & Company Trader 01/1964 02/1965 E.F. Hutton & Company Order Clerk 06/1963 01/1964 Ira Haupt & Company Teletype 05/1959 06/1963 Model Roland & Stone Cable Clerk 01/1959 01/1969 U.S. Army Reserve Staff Sargent 07/1953 04/1959 H. Hentz & Company Cable Clerk EDUCATION Start Date End Date School Degree 06/1958 05/1959 New York Institute of Finance not provided 01/1949 01/1953 Erasmus Hall High School Diploma TRAINING Completed Description Details Firm/School Hours Location 04/2009 Motion to Dismiss FINRA 12/2008 Training Expungement - 2008 FINRA 1 03/2007 Refresher Revised Code of NASD 2 online 10/2004 Arbitration Expungement online mini-course NASD 1.5 online Staff ID: LeeC Page 65 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726390
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FINRA Dispute Resolution 12/2003 New Panel Member Training [NASD] NASD Arbitrator ID: 11 New York, NY Type Has made a disclosure about Has an account with Was employed by Was employed by Was employed by Was employed by Was employed by Was employed by Had an account with Was employed by Was employed by Was employed by Was a member of Was employed by Is a member of Holds Securities License(s) Languages other than English DISCLOSURE/CONFLICT INFORMATION Firm Name Details Citigroup Global Markets, Inc. Scottrade Adler Coleman & Co. Carl L. Marks & Co. Car Securities Corp. E.F. Hutton & Co. Ernst & Co. H. Hentz & Co. Hill Thompson Magid & Co., Inc. Hill, Thompson, Magid Ira Haupt & Co. Model, Roland & Stone Preferred Traders Association Wood Gundy Corp. As a trader:had traded occasionally w/Smith Barney STANY Series 7 and 55 (held) Spanish Case ID 06-05327 04-06540 PUBLICLY AVAILABLE AWARDS Pubis* Available Awards Section, Current as of 01/202010 Case Name Cosme Monot vs. LinkBrokers Derivatives Corporation Inc. Joseph Parella, Angelina Parella, et al vs. Milton Koenigsberg and Northeast Securities Incorporated Close Date 02/02/2009 06/06/2006 ARBITRATOR BACKGROUND INFORMATION My career in the securities industry began in 1953. My responsibilities during these years grew from an entry level position in the Foreign Department of the prestigious firm of H. Hentz & Co., for whom I worked six years, to my most recent employment with Hill, Thompson, Magid, L.C., as Senior Foreign Trader. At this firm, it was my responsibility to start a viable Foreign Trading Desk and trade, along with aiding in the development and listing in the U.S.A., of previously foreign only traded issues. I also acted as consultant to this firm on these issues. I began trading in the 1960's, with the firm of Carl Marks and Company Inc. While employed there for twenty-two years, I traded foreign securities, third market listed securities, bonds, preferred, and many esoteric issues. Added to my duties here, was Public Relations, for which I traveled to Europe and throughout the country for about 30 years. I have been registered with the NYSE, PCSE, NASD, and have been a member of STANY, holding several appointed positions with them over the years. I have also been a member of the Preferred Traders Association. My military service was with the U.S. Army Reserve, as a Staff Sergeant, serving from 1959 until 1969, where I was the Staff ID: LeeC Pape 66 of 75 Publicly Avaaatae Awards Section, Current as of 01/20/2010 EFTA00726391
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FINRA Dispute Resolution Arbitrator Communications Chief of H.Q. Battery, supervising more than fifty men. I was recalled to active duty during the Berlin Crisis and Cuban Missile Crisis, and received an honorable discharge in 1969 Previously. I held a Series 7 and 55 licenses. I have taught Securities Courses at the local school for Community Education for fifteen years, and presently work with the Literacy Volunteers of America (LVOA), where I have been certified for teaching Basic Literacy and ESL (English as a Second Language), which I find very rewarding. I graduated from Erasmus Hall High School in 1953, with an Academic Diploma, and have also attended the New York Institute of Finance, where I studied and passed courses in Brokerage Procedure, work of the New York Stock Exchange, Options, Accounting Principles and Security Analysis. On August 6, 2008, the Arbitrator responded to a FINRA survey about auction rate securities. In the response, the Arbitrator disclosed that since January 1, 2005, the Arbitrator has not been employed by or associated with a brokerage firm. Staff ID: LeeC Page 07 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726392
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FINRA Dispute Resolution Arbitrator ID: Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/152010 ARBITRATOR Name: Mr. R. Scott Garley Skills in Controversy: Arbitrator ID: Account Related - Margin Calls, Account Related - Transfer, CRD #: Executions - Execution Price, Empbyment - Breach of Contract, Employment - Commissions, Employment - City/State/Country: New York / NY / United States Compensation, Employment - Employment Discrimination, Employment - Libel or Slander, Employment - Partnerships, Employment - Promissory Notes, Employment - Wrongful Termination, Other - Clearing Disputes, Other - Recruitment Disputes, Trading Disputes - Other Floor Trading Classification: Non-public Skills in Securities: FINRA Mediator: No Common Stock, Corporate Bonds, Limited Partnerships, Chair Status: None Mutual Funds, Options, Repurchase Agreements EMPLOYMENT Start Date End Date Finn Position 08/1998 Present Gibbons Del Deo Dolan Griffinger, et al Partner 06/1994 07/1998 Grais & Phillips Partner 01/1994 05/1994 R. Scott Garley Sole Practitioner 08/1992 12/1993 Daley & Carley Partner 03/1984 07/1992 Seward & Kissel Associate 09/1981 03/1984 Haight, Gardner, Poor & Havens Associate EDUCATION Start Date End Date School Law School University Deorso JD AB 09/1978 09/1974 05/1981 Fordham 05/1978 Colgate TRAINING Completed Description Details Firm/School Hours Location 02/2008 Revised Code of FINRA 2 online 12/2004 Arbitration Expungement online mini-course NASD 1.5 online 10/1999 New Chairperson NASD 11 New York, NY 12/1912 Training (NASD] Intro Securities Arbitrator NASD 7 Training DISCLOSURE/CONFLICT INFORMATION D22 Firm Name My firm/employer had a client of Advest, Inc. Staff ID: LeeC Details Newark office represented firm Page 68 of 75 Publicly Available Awards Section. Current as of 01/2012010 EFTA00726393
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FINRA Dispute Resolution My firm/employer has a client of Initiated/defended legal action against Has an account with Is a Client Initiated/defended legal action against Is a Client Is a Client Has made a disclosure about Is a Client Initiated/defended legal action against Is a Member of Bar Association My firm/employer has a client of Is a Client Has made a disclosure about Is a member of Is a Client Was Arbitrator for Investor complaint/arbitration/suit Is a Client Is a Member of Bar Association Is a Member of Bar Association Arbitrator for Arbitrator ID: Banc of America Securities Citigroup Global Markets, Inc. Salomon Smith Barney Inc. Fidelity Investments Institutional Services First Union Securities, Inc. Gruntal & Co., LLC Lehman Bros Lehman Brothers Inc Merrill Lynch Pierce Fenner & Smith Morgan Stanley DW Inc. Prudential Equity Group, LLC American Bar Association Bank of America FISERV Securities Lehman Bros. Inc. Phoenix Brokerage,LLC NY County Lawyers Association National Discount Brokerage New York Stock Exchange Salomon Smith Barney, Inc. TLW Securities, LLC Lehman Bros. FISERV Sec. Inc., Natl Disco. Broker Morgan Stanley Prudential Securities Inc Attorney for Monmouth New Jersey New York City US District Court Easten District of NY PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section, Dutton! as of 01/20/2010 Case ID Case Name 06-01988 Stuart Lantz v. Lincoln Financial Advisors Corporation 01-04644 Aaron N. Wise v. Chase Investment Services Corp. 99-04170 Jesup Lamont Securities Corp. v. C. Arthur, LLC.. CCF Captial Group. Inc., Arthur Wheeler, et al. 97-05008 Joel L. Gold vs. LT Lawrence & Co., Inc. Close Date 03/03/2008 03/06/2003 12/26/2000 02/09/1999 ARBITRATOR BACKGROUND INFORMATION My practice focuses primarily on litigation, arbitration, investigations and counseling in securities, employment, business tort (including fraud, unfair competition and civil RICO) and general commercial matters in New York and New Jersey. I represent securities firms, institutional investors and individuals in connection with securities fraud claims, trading and customer disputes. and hedge fund and investment partnership disputes. This includes representing broker-dealers and Staff ID; LeeC Pape 69 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726394
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FINRA Dispute Resolution Arbitrator ID: investment management firms and their employees in arbitrations of all kinds, regulatory and compliance matters, and disciplinary investigations and proceedings before NYSE, NASD, SEC and state securities agencies. I also represent firms and individuals in disputes involving employment contracts, executive compensation employee benefits, non-compete and other restrictive covenants, discrimination and employment-related torts. On September 18, 2008, the Arbitrator responded to a FINRA survey about auction rate securities. In the response, the Arbitrator disclosed that since January 1. 2005. the Arbitrator has not been employed by or associated with a brokerage firm. Staff ID: LeeC Page 70 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726395
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FINRA Dispute Resolution Arbitrator ID: Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/15/2010 Name: Mr. Larry W. Befeler Arbitrator ID: CRD #: City/State/Country: Murray Hill / NJ / United States Classification: FINRA Mediator: Chair Status: None Non-public No ARBITRATOR Skills in Controversy: There are no skills in controversy information. Skills in Securities: There are no skills in security information. Start Date End Date 07/2003 Present 07/2003 Present 06/2003 01/2005 11/2000 06/2003 04/2000 10/2000 04/2000 11/2000 03/1993 04/2000 05/1989 03/1993 02/1988 05/1989 02/1987 02/1988 09/1986 02/1987 EMPLOYMENT Fir me aNrtional Financial Fidelity Investments Correspondent Services. Corp. UBS PaineWebber (CSC) Trade.com Online Securities, Inc. Bluestone Capital Partners, LP Oppenheimer & Co., Inc. (CIBC) Oppenheimer & Co., Inc. Shearson Lehman Hutton Drexel Bumham Lambert Bank of New York Position Director Director Credit & Risk Manager Compliance Officer Branch Compliance/Operations Corr. Clearing Analyst Margin Clerk Margin Clerk GNMA Accountant Start Date 09/1982 09/1974 End Date 05/1986 05/1962 EDUCATION School University of New Hampshire Pingry High School Degree BA Diploma Completed Description 03/2009 01/2009 03/2007 08/2004 Staff ID: LeeC Motion to Dismiss Training Expungement - 2008 Refresher Revised Code of Arbitration Expungement online mini-course Details. TRAINING Firm/School FINRA Page 71 of 75 FINRA NASD NASD Hours Location 1 1 2 online 1.5 online Publicty Available Awards Section. Current as of 01/20'2010 EFTA00726396
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FINRA Dispute Resolution 08/2004 03/1996 Duty to Disclose online mini-course Intro Securities Arbitrator Training NASD Arbitrator ID: 1 online Introductory Arbitrator 6 San Francisco, CA Training DISCLOSURE/CONFLICT INFORMATION L'yn Firm Name Details Has made a disclosure about J. C. Bradford & Co. (Affiliated Co. w/UBS PaineWebber) Is a Client Prudential Securities Has an account with Wachovia Securities, LLC Family member had relationship Bank of America Securities Spouse was employed with Was employed by Bluestone Capital Partners, LP Family member had relationship Cowen Spouse was employed with Had an account with First Union Bank Family member had relationship Montgomery Spouse was employed with Family member had relationship Oppenheimer Spouse was employed with Had an account with Oppenheimer & Co Is a member of SIA Compliance and Legal Division Holds Securities License(s) Series 3, 4, 7, 8. 14, 24. 63 and 65 Was employed by UBS Paine Webber PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section. Current as of 0120/2010 Case ID Case Name Close Date 05-05320 David W. Levy v. Citigroup Global Markets, Inc. 07/25/2008 00.05729 West Caldwell Office Associates, LLC v. Merrill Lynch, Pierce, Fenner & Smith, Inc. and 10/17/2002 Christopher Killeen ARBITRATOR BACKGROUND INFORMATION I am currently a Vice President of Risk Management at National Financial Services, LLC, Fidelity Company. My duties involve all areas of the correspondent clearing business. Previously, I was the Director of compliance at Bluestone Capital/Trade.com, where I was involved in a broad range of national retail and on-line issues. I have previously worked in a retail branch office in operations, compliance and administrative capacities and have a broad operations background including margin. I currently maintain the following securities licenses: Series 3, 4, 7, 8, 14. 24 and 63. On July 23, 2008, the arbitrator responded to a FINRA survey about auction rate securities. In the response, the arbitrator disclosed that since January 1. 2005. the arbitrator was employed by or associated with a brokerage firm that sold auction rate securities, but the arbitrator neither sold auction rate securities nor supervised someone who sold auction rate securities. Staff ID: LeeC Page 72 of 75 Publicly Available Awards Section. Current as of 01/202010 EFTA00726397