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FBI VOL00009
EFTA00726318
83 pages
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FINRA Dispute Resolution Arbitrator ID: 08/2005 New Chairperson NASD 11 online Training [NASD] 01/2005 Expungement online mini-course NASD 1.5 online 01/2005 Duty to Disclose online mini-course NASD 1 online 01/2005 Discovery/Abuse online course NASD 1 online 12/2004 New Panel Member NASD 11 New York, NY Training [NASD] 12/2004 Civility Training NASD 1.5 New York, NY DISCLOSURE/CONFLICT INFORMATION Tvoe Has an account with Has an account with Has an account with Had an account with Had an account with Had an account with Licensed to Practice Was Arbitrator for Is a Member of Bar Association Is a member of Firm Name Details Charles Schwab & Co., Inc. Joint account with spouse Citigroup Global Markets, Inc. Scottrade, Inc. Cadaret, Grant & Co., Inc. Charles Schwab & Co., Inc. Wachovia Securities, LLC CPA NYSE New York New York County Lawyers Association PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section, Current as of 01/20/2010 Case ID Case Name Close Date 08-04263 Richard Berman and Dorothy Berman vs. Bear Steams & Co. Inc. 12/21/2009 07-03536 Michael Lewis v. Nordic Partners Inc. v. Anders Lindquist 11/04/2009 08-01978 Rosalie Sellitto vs. Ameriprise Financial Services, Inc. and Michael Sangirardi 08/31/2009 07-00114 Jason Cohen, individually and on behalf of Oracle services, Inc. FBO Jason Cohen vs. UBS 02/27/2008 Financial Services 05-00203 Howard Comart, Loretta Comart, David Liebowitz, et al v Merrill Lynch Pierce Fenner & Smith, 10/03/2006 04-07823 Inc, Michael Rosenthal, Stafford Reynolds v. Brown & Company rVkla J.P. Morgan Investment, LLC 11/03/2005 ARBITRATOR BACKGROUND INFORMATION I have practiced law on a full time basis since 1963. The areas of my practice during this entire period have been corporate and securities law, business and commercial law, trusts and estates, taxes and real estate. I hold a CPA license (inactive) that I obtained working as an accountant during the day while attending law school classes at night. My accounting background has been an extraordinary asset to me in connection with virtually every facet of my legal work. I joined the New York City law firm of Leventritt, Bush, Lewittes and Bender in 1963; I became a partner of the firm in 1967. The law firm's clients included a NASD member broker-dealer firm, a large New York Stock Exchange listed company and an Staff ID: LeeC Pape 13 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726338
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FINRA Dispute Resolution Arbitrator open-end mutual fund. I left the law firm about nine years later when the firm contracted in size. After a short stint as in-house counsel to two American Stock Exchange listed companies, I started my own law practice in 1975, which I continue to date. I have done extensive work in securities law at the Federal and state levels, including Securities and Exchange Commission filings and other aspects of corporate compliance. I have worked on real estate partnership offerings and responded to a wide range of questions involving securities issues raised by clients. I have prepared and filed for clients investment advisor applications and broker-dealer registrations with Federal and state authorities. I have dealt directly with brokerage firms regarding transfers of restricted shares, proxy solicitations, share exchanges resulting from mergers, 'blue sky' qualification requirements and margin requirements for clients' accounts. I am familiar with the rules of the New York Stock Exchange and NASDAQ insofar as they apply to corporate directorships, stock options, shareholders meetings and when shareholder approval is required. I have dealt with the major public accounting firms regarding clients' financial statements and the application of generally accepted accounting principles. I have issued independent legal opinions for other law firms relating to securities and tax matters. I have represented individuals making investments in privately held companies, and I have negotiated the terms of and prepared documents relating to employment, partnerships, corporations and real estate. With respect to the trust and estate areas, in addition to drafting documents, I have been responsible for overseeing administration of estates and trusts and advising executors and trustees and I have served as an executor of an estate. An important part of my work in the estate and trusts area has been establishing brokerage accounts and reviewing all transactions in the accounts involving a wide variety of investments. I have extensive knowledge of the various types of qualified employee plans and have, with the assistance of pension planners, initiated plans for clients, both small and large. In both the estate and trust area and the pension area, a key part of my role as an attorney is to advise the executors and trustees of their responsibilities as fiduciaries of beneficiaries and pension plan participants. In the litigation area. I have actively assisted trial counsel in many commercial cases and I have tried two tax cases before the U.S. Tax Court. From a personal standpoint, I have been an investor in stocks and bonds over the years and have become familiar with a variety of market products available to investors. I received my law degree from Brooklyn Law School in 1959 and was admitted to the New York Bar in 1960. I received a Bachelor of Business Administration degree from the Bemard Baruch School of Business of the City College of New York in 1955. I also took post-graduate law school courses at NYU Law School during 1959 and 1960. I am a member of the New York County Lawyers Association. I believe that my ability to act as an independent arbitrator of a dispute is greatly enhanced by my legal, business, and accounting background, a significant portion of which relates to the securities industry. The integrity of any legal proceeding, whether it is in a courtroom or before an administrative tribunal, depends upon a fair and impartial hearing of the evidence, focusing on the real issues involved and a decision based upon the evidence. As a neutral arbitrator, I will reach unbiased decisions that I consider to be fair under the circumstances. Staff ID: LeeC Page 14 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726339
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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. Irwin Kahn Skills in Controversy: Arbitrator ID: Account Related - Breath of Contract, Account Related - CRD #: Margin Calls, Account Related - Transfer. Executions - Execution Price, Executions - Limit v. Market Order, City/State/Country: Wantagh / NY / United States Employment - Commissions, Employment - Compensation, Employment - Discrim. Age, Employment - Discrim. Disability, Employment - Discrim. Race, Employment - Libel or Slander on FormU-5, Employment - Promissory Notes, Employment - Retaliation, Employment - Sexual Harassment, Employment - Wrongful Termination, Other - Recruitment Disputes, Trading Disputes - Mark-ups, Trading Disputes - Sell Outs Classification: Public Skills in Securities: FINRA Mediator: Yes Common Stock, Government Securities, Limited Chair Status: Qualified Partnerships, Options, Preferred Stock. Real Estate Investment Trust, Warrants/Rights EMPLOYMENT Start Date End Date Firm Position 01/1979 Present Kahn and Horwitz. P.C. Senior/Founding Partner 01/1958 01/1979 Kahn & Horowitz Senior/Founding Partner EDUCATION Start Date End Date School pewee 01/1955 01/1951 01/1958 New York University Law School LLB 01/1955 City College of New York BA TRAINING Completed Description Details Finn/School Hours Location 01/2009 Expungement - 2008 FINRA 1 online Refresher 04/2007 Revised Code of NASD 2 online Arbitration 12/2004 Expungement online mini-course NASD 1.5 online 06/2004 Additional Securities Assn. Bar of NYC Training Securities Arb.& Med. 05/2004 Additional Securities Arb CLE Training Assn of Arbitrators Training 02/2004 Additional Securities CLE Training Association of Training Arbitrators 01/2004 Non-Securities Related NYS Bar Association Training ADR 10/2003 Mediation Training US District Court Mediation w/Agency/Gvt Staff ID: LeeC Page 15 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726340
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FINRA Dispute Resolution Arbitrator ID: 06/2003 Mediation Training Advocacy Techniques in Mediation ABA 05/2003 Additional Securities NYCLA Prt. 37 Tng Training Arbitration/Mediation 01/2003 Non-Securities Related Professional Discipline NYSBA Training 01/2003 Non-Securities Related NYS Bar Association Training ADR 01/2002 Non-Securities Related Professional Discipline NYSBA Training 10/2001 Mediation Training Touro College Advanced Mediation 03/2001 Non-Securities Related Evaluator Assn of Trial Lawyers Training 01/2001 Additional Securities NYS Bar Association Training ADR 06/2000 Additional Securities Assn Bar of NYC-Sec. Training Hot Topics 2k 06/2000 Additional Securities ABA Roundup on ADR Training 02/2000 Mediation Training Supreme Court NY 24 Mediation Workshop 11/1999 Additional Securities NYCLA Ethics in ADR Training 11/1999 Additional Securities Association of Training Arbitrators CLE Training 04/1999 Non-Securities Related NYCTL Assn - Expert Training Witnesses 04/1999 Additional Securities NYCLA Securities Training Arbitration Update 1999 04/1999 Non-Securities Related NY Law School - Training Judging 04/1999 Non-Securities Related Assn/Bar Training NYC- Topics/Consumer Ed. 11/1998 Additional Securities Columbia University Training Negotiation 10/1995 Chairperson Securities NYSE Role of the New York, NY Training Chairperson 10/1995 Employment Law NYSE New York, NY Training 10/1995 Additional Securities NYSE Arbitrator New York, NY Training Training 10/1995 Participatory Arbitrator NYSE Discovery & New York, NY Skills Program Punitive Damages 11/1993 Additional Securities NYSE Arbitrator New York. NY Training Training 10/1993 Participatory Arbitrator NASD Pro se Parties 2.5 New York, NY Skills Program 03/1993 Arbitrator Luncheon NASD New York, NY 01/1993 Intro Securities Arbitrator NASD, NYSE & MA 8 New York, NY Training 05/1992 Non-Securities Related AM Arbitration Day 7 New York. NY Training Staff ID: LeeC Page 16 of 75 Publicly Available Awards Section, Current as of 0112012010 EFTA00726341
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FINRA Dispute Resolution Arbitrator ID: Tvoe Lectured on Has an account with Has an account with Arbitrator for Mediator for Family Member has relationship with Is a Member of Bar Association Was a member of Mediator for Arbitrator for Lectured on Was Arbitrator for Was Mediator for Mediator for Is a Member of Bar Association Is a member of Mediator for Is a member of Mediator for Is a Member of Bar Association Lectured on Mediator for Is a Member of Bar Association Is a Member of Bar Association DISCLOSURE/CONFLICT INFORMATION Firm Name Details MA Dominick & Dominick Incorporated Fidelity Investments Institutional Services AM MA Fidelity & Prentice Securities Florida Jewish Lawyers Guild NYC Small Claims Court NYC Small Claims Court NYCLA NYSE NYSE National Arbitration & Mediation Network of Bar Leaders New York County Lawyers Assn New York County Lawyers Association SIA US District Court Eastern District Past President 2/6/03 Speaker NAM Past President ABA, ATLA Compliance & Legal Division New York State New York State Trial Lawyers Association New York Supreme Court, Commercial Division State Bar Association Umbrella Organization of 38 Bars PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section. Current as of 01/20/2010 Case ID Case Name Close Date 09-03263 Jefferies & Company, Inc. vs. John P. Coen 12/09/2009 07-03138 Andrew Garrett, Inc. v. Lester Wackernah 09/15/2008 06-01810 Young Ran Kim and Soon Up Park v. Wachovia Securities, LLC. Prudential Equity Group, LLC et 05/30/2008 al 03-02452 Raymond David McElfish and McElfish & Associates v. Merrill Lynch, Pierce Fenner & Smith, Inc 06/14/2007 And Ilicia Silverman et al 05-02357 Brian Egan, Cathy Egan, et al. vs. Brookstreet Securities Corp., John Elwin, Jason Woessner 07/10/2006 and Stanley C. Brooks 03-05697 Steven Kevorkian vs Citigroup Global Markets, Inc., Sanford Weill, Michael Carpenter, et al consolidated with 03-06776 04/13/2006 Staff ID: Lest Page 17 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726342
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FINRA Dispute Resolution Arbitrator ID: 02-06922 Steven P. Mednick vs. Kirlin Securities, Inc., David 0. Under and Anthony J. Kirincic 02/24/2006 02-05718 Bruce Whitman vs. CIBC World Markets Corp., Rolf W. Brunner and Ivan 0. Alfaro 10/21/2005 03-03229 Mary H. Coleman v. Michael D. Mathias, Interstate Financial Group. Inc., Gerald S. Berger, 03/02/2005 Gerald S. Berger, Inc. et al 03-07770 Hildegard Rimes and Ingrid Klute vs. Merrill Lynch Pierce Fenner & Smith Inc. and Marlyn 02/28/2005 Sinclair 04-04135 Jerry P. Cotrone vs. Citigroup Global Markets, Inc. f/k/a Salomon Smith Barney and Mijanou M. 02/22/2005 Spurdle 03-06098 Lucy Balestri vs. Merrill Lynch Pierce Fenner & Smith Inc. and Kurt E. Grimmelmann 02/11/2005 01-02014 Michael Moschillo v. Merrill Lynch, and Michael Maglio 08/27/2003 01-03876 Maya & Maya WIndmark Flower Corp and Pete Rodamis vs. Prudential Securities Incorporated, 12/18/2002 Chris Fasarakis, et al 01-04602 Susan Robinson vs. Weiss Peck & Greer, L.L.C. and Roger J. Weiss 10/22/2002 01-01419 Medusa Finanz Anstalt and F& MWL Enterprizes, Inc. v. Sam Ramirez Jr.& Ramirez & Co., Inc. 06/27/2002 00-02337 Glenn Michael Financial, Inc. v. Joseph Camey v.Glenn Michael Lanaia, Francine A. Lanaia, 06/18/2002 Nick Giannantonio etal 01.00941 Jeffrey Surovell v. U.S. Securities & Futures Corp., Robbert Van Batenburg and George 03/14/2002 Hopkinson 97-02663 Cuando, Ltd. vs. RAS Securities. Inc. vs. M.D. Sass Associates, Inc. and M.D. Sass Investors 06/22/1999 Services, Inc. 96-05676 PaineWebber, Inc. vs. Walter N. Iwachiw v. Kidder Peabody, John Carparelli, Fred Warren, 01/06/1999 Leonard Vinci, etal v. Iwachiw 97-00167 Maureen and Paul Belanger vs. Merrill Lynch, Pierce, Fenner & Smith, Inc. 12/16/1997 93-04046 Harold Scharff vs. Merrill Lynch, Pierce, Fenner & Smith Inc. 06/20/1994 93-03116 Joseph and Linda Sisti v. Chesapeake Securities Research Corporation and David Basoco 03/18/1994 92-00097 Georgia Colonias vs. Prudential-Bathe Securities, Inc. and Gary Fox 03/25/1993 ARBITRATOR BACKGROUND INFORMATION Since 1959, I have been a member of the firm of Kahn and Horwitz, P.C., or its predecessor, Kahn and Horwitz. During this period of time. I have tried cases in the New York State Court system and at the American Arbitration Association. Since 1965, I have been on the Arbitration Panel at the American Arbitration Association. I have been a Small Claims Arbitrator since 1977. I am presently on the Arbitration and Mediation Panels at both the New York Stock Exchange and the NASD. My professional activities include lecturing at the New York County Lawyers' Association, New York State Trial Lawyers Association and the American Arbitration Association. I am a past chairman of the Arbitration Committee at New York County Lawyers' Association and am presently the chairman of the Arbitration Committee of the General Practice Section of the New York State Board Association. I have been and still am a member of the Board of Directors of a number of Bar Associations. I was a member of the Departmental Disciplinary Committee of the Appellate Division, First Department, and chairperson of the Hearing Panel. I am on the new panel of referees for Discipline for the Appellate Division. Staff ID: LeeC Page 18 of 75 Publicly Available Awards Section, Current as of 01/2012010 EFTA00726343
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FINRA Dispute Resolution Arbitrator ID: Name: Arbitrator ID: CRD g: City/State/Country: Classification: FINRA Mediator: Chair Status: Qualified Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/15/2010 Mr. Zuhayr A. Moghrabi New York / NY I United States Public No ARBITRATOR Skills In Controversy: Account Related - Dividends, Employment - Breath of Contract, Employment - Commissions, Employment - Compensation, Employment - Partnerships, Employment - Promissory Notes, Employment - Training Contracts Skills in Securities: Annuities, Common Stock. Commodities Futures, Corporate Bonds, Government Securities, Limited Partnerships. Preferred Stock, Repurchase Agreements EMPLOYMENT Start Date End Date Firm Position 01/1998 01/2000 University of Sharjah Chancellor 01/1975 01/1978 Org. for Development Research VP & General Counsel 01/1973 Present New York Law School Adjunct Professor 01/1970 01/1971 Bums & Roe, Inc. Associate General Counsel 01/1970 Present Moghrabi & Larkin Partner 01/1968 01/1970 Union Carbide Corp. Manager 01/1954 01/1966 Mobil Oil Corp. Various TectilMngmt Positions EDUCATION Start Date End Date School Degree 09/1963 06/1967 New York Law School (Law Review) JD 09/1954 06/1956 Columbia University MA 09/1950 06/1953 University of Tulsa BS TRAINING Completed Description Details Firm/School Hours Location 01/2009 Expungement - 2008 FINRA 1 07/2007 Refresher Revised Code of NASD 2 online 01/2005 Arbitration Expungement online mini-course NASD 1.5 online 03/2002 New Chairperson NASD 11 New York, NY 12/2001 Training [NASD] New Panel Member NASD 11 New York, NY 01/1975 Training [NASD] Intro Securities Arbitrator AAA 8 Training Staff ID: LeeC Page 19 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726344
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FINRA Dispute Resolution 01/1975 Non-Securities Related Training Civil Court 2 Arbitrator ID: DISCLOSURE/CONFLICT INFORMATION Type Firm Name Has an account with Charles Schwab Had an account with CIBC World Markets Corp. Arbitrator for NYSE Arbitrator for Is a Member of Bar Association Is a member of Is a member of Arbitrator for Is a Member of Bar Association Arbitrator for Has made a disclosure about Is a member of Is a Member of Bar Association Details CIBC Oppenheimer American Arbitration Association American Bar Association American Chemical Society American Chemical Society Civil Court, NYC District of Columbia International Arbitration Center International Lawyer-member of publications comm. NY Law School Alumni Assn.-director New York PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section, Current as of 01/20/2010 Case ID Case Name 08-00640 Carol Dahl and Citicorp Investment Services vs. Michael M. Miley 06-02349 Miriam Nigohosian v. Merrill Lynch Pierce Fenner & Smith 01-05314 Wendy Diamond and Wendy Diamond TTEE, Global Liasons in Def. Ben. Plan v. Whale Securities Co., L.P., et al ARBITRATOR BACKGROUND INFORMATION Attorney and executive with extensive experience in law, business and finance. Close Date 09/14/2009 12/06/2007 02/17/2004 I started my professional career with Mobil Oil Corp., in 1954. as an engineer and occupied various positions in technical. planning, financial and management areas until 1966. From 1966 to 1970, I worked with Union Carbide Corp.. as manager of International Project Development which involved the development of profitable opportunities for investing and establishing industrial plants internationally; evaluation of specific areas relative to markets, economics and taxation; negotiations with foreign governments. foreign corporations and prospective partners with respect to contracts, licensing, technical service agreements and joint ventures; development of long range plans and programs. and new strategies for policy decisions, etc. I have had a law practice since 1970 in the following areas of the law: international business transactions, corporate law, contracts and commercial practice. including national and international litigation. I have also been teaching at New York Law School since 1973, as Adjunct Professor of Law in several international law courses. I do cover both a review of the securities laws and the extra-territorial application of U.S. securities laws. Staff ID: LeeC Page 20 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726345
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FINRA Dispute Resolution Arbitrator tea I participate in or chair various national and international seminars on foreign ventures, international project financing, etc., and review manuscripts for publication for the international lawyer. I have written numerous book reviews on various legal topics including the Securities Arbitration Procedure Manual and International Securities Regulation. I have acted as arbitrator and chairman on numerous arbitration cases for the American Arbitration Association (and other bodies), including some major cases, for about twenty years. I am a member of the American Bar Association and the American Chemical Society. I received a BS in Petroleum Refining Engineering from the University of Tulsa (Oklahoma), MA in Chemical Engineering and Industrial Chemistry from Columbia University (New York) and JD from New York Law School (New York). Staff ID: leeC Page 21 of 75 Publicly Available Awards Section, Current as of 01120/2010 EFTA00726346
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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. Richard Weinberger Arbitrator ID: CRD #: City/State/Country: Spring Valley / NY / United States Classification: FINRA Mediator: Chair Status: Qualified Public No ARBITRATOR Skills in Controversy: There are no skills in controversy information. Skills In Securities: Options Injunctive Qualified - This arbitrator is an attorney and has reported experience litigating cases involving injunctive relief. EMPLOYMENT Start Date End Date Firm Position 01/2006 Present Spirit of America Investment Fund, Inc. Independent Director 01/2005 Present Bullen, Stoll Bader & Nadler, P.C. Of Counsel 01/1977 12/2004 Balton, Stoll Bader & Nadler, P.C. Litigation Partner 01/1960 01/1974 Bronx County Assistant District Attorney EDUCATION Start Date End Date School Law School College of New York Degree 01/1963 01/1957 01/1967 Brooklyn 01/1963 The City JD LLB Completed Description TRAINING Details Finn/School Hours Location 09/2009 Motion to Dismiss FINRA 1 Training 06/2009 Mediation Training Securities Arb/Med New York Bar Assn. New York, NY Hot Topics 2009 05/2009 Mediation Training Advanced Commercial Mediation Division Supreme Court, Civil, Commerical Division 12/2008 Expungement - 2008 FINRA 1 Refresher 11/2008 Additional Securities 10th Annl Symp of Cardozo Law School 8 New York, NY Training The Cardozo Jml of Conf Resol 06/2008 Non-Securities Related Arbitration/Mediation City Bar Center for New York, NY Training Hot Topics 2008 CLE 04/2008 Mediation Training Advanced Training New York State Commerdal Div. Unified Court System Resolution 02/2008 Revised Code of FINRA 2 online Arbitration Staff ID: LeeC Page 22 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726347
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FINRA Dispute Resolution 03/2007 Non-Securities Related Training 06/2006 Additional Securities Training 05/2006 Mediation Training 04/2006 Mediation Training Part 137 Atty-Client Fee Dispute Resolution Arb/Med Hot Topics Advanced Mediation New York State Unified Court System NYC Bar Securities NY Supreme Court Deconstruction of a Mediation Arbitrator ID: 09/2005 Mediation Training Abrams Mediation & 7 Negotiation 06/2005 Additional Securities Securities Arb/Med Training Hot Topics 10/2004 Non-Securities Related Securities Arbitration NYS Bar Assn. Training 08/2004 Expungement online mini-course NASD 1.5 online 10/2002 Additional Securities Arbitrator Interactive NYSE 3 New York, NY Training Workshop II 11/1996 Chairperson Securities NASD 7 New York, NY Training 12/1995 Employment Law NASD 4 New York, NY Training 01/1994 Participatory Arbitrator Discovery in NASD 2.5 New York, NY Skills Program Arbitration 12/1993 Participatory Arbitrator The Disclosure 2 New York, NY Skills Program Process 11/1993 Participatory Arbitrator Tools of the Arbitration NASD 16 New York. NY Skills Program Process 11/1993 Intro Securities Arbitrator NYSE 5 New York, NY Training 03/1993 Arbitrator Luncheon NASD New York, NY 11/1992 Intro Securities Arbitrator Agents of Fairness NASD New York, NY Training DISCLOSURE/CONFLICT INFORMATION Type Has an account with Is a Client Has an account with Has made a disclosure about Has an account with Arbitrator for Is a Member of Bar Association Arbitrator for Had an account with Is a member of Had Intro/Clearing Relationship With Has an account with Had an account with Staff ID: LeeC Finn Name Chase Investment Services Corp. David Lerner Accriates Ryan Beck & Co. Spirit of America Investment Fund Stifel Nicolus & Co. AM American Bar Association BBB David Lerner Associates, Inc. Departmental Disciplinary Commission Dirks & Co., Inc. ING Life Insurance & Annuity Company Merrill Lynch Pierce Fenner & Smith Page 23 of 75 Details Independent Director (fund managed by D. Lemer) Joint account with spouse Spouse was listed as JTWRS Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726348
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FINRA Dispute Resolution Was Arbitrator for Licensed to Practice Is a Member of Bar Association Mediator for Mediator for Is a Member of Bar Association Mediator for Is a Member of Bar Association Mediator for Licensed to Practice Licensed to Practice Licensed to Practice Mediator for Licensed to Practice Licensed to Practice NYSE Arbitrator ID: All New York State Courts Bronx County Civil Branch Commercial Division Federal Council New York County New York State New York State Supreme Court Supreme Court of the U.S. U.S. Court of Appeals 2nd Circuit U.S. Court of Appeals 5th Circuit U.S. District Court Sourthem District New York U.S. District Court Southern & Eastern NY U.S. Tax Court PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section, Current as of 01/202010 Case ID Case Name Close Date 05-02909 HMO Capital Management v Thinkequity Partners, LLC 11/28/2006 04-08552 James Cappadona and Karen Cappadona vs. Citigroup Global Markets, Inc. 06/22/2006 02-02199 Refurbco, Inc. and Michael Esposito vs. Salomon Smith Barney Inc., k/n/a Citigroup Global 01/31/2006 Markets, Inc.. Stephen J. et.al 03.06665 Fred Kaplan SSB IRA Custodian and Arlene & Fred Kaplan JTWROS v. Prudential Equity Group. 04/07/2005 LLC f/k/a Prudential etal 03.00579 Joan Conway, individually and as Trustee for the Thomas A. Conway Trust u/t/d 3/11/98 v. CIBC 11/17/2004 Oppenheimer, et al 99-04353 Arnold H. Simon v. Hambrecht & Quist LLC and Michael Rice 09/18/2001 ARBITRATOR BACKGROUND INFORMATION Former Assistant District Attorney Bronx County, New York. From 1977 to present, I have been associated with Balton Stoll Bader &Nadler PC (formerly Balton Stoll & Idler). I am a former litigation partner and presently Of Counsel to the firm, effective Jan. 1.2005. I joined the firm as an associate and progressed to a position as a commercial litigation equity partner, monitoring the work of litigation associates, with continued responsibility concerning matters involving a wide variety of general, commercial, corporate, business, real estate and estate litigation, including trial and appellate practice in New York and US Federal Courts. In addition to participating in securities litigation and arbitration proceedings, I was and presently am on the panel of arbitrators for the New York Stock Exchange, NASD, Inc.. now known as FINRA, former arbitrator with the American Arbitration Association and the Better Business Bureau of Metropolitan New York, Inc. My professional activities include: New York State Bar Association, member of Committee On Alternatives to Court Resolution of Disputes, Member of House of Delegates, Member Committee on Professional Discipline; former Member of NYS App Div 1st Dept Disciplinary Comm., Member and former chairman of Joint Committee on Fee Disputes and Conciliation; Rockland County Bar Association member of attorney client fee dispute committee; NYC Bar Assoc Arbitration Committee; Mediator NYS Supreme Court, NY County Civil Branch, Commercial Division; Mediator, US District Court SDNY, Us Bankruptcy Court SDNY. Staff ID: LeeC Page 24 of 75 Publicly Available Awards Section, Current as of 0120/2010 EFTA00726349
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FINRA Dispute Resolution Arbitrator ID. $taf ID: LeeC Page 25 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726350
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FINRA Dispute Resolution Arbitrator ID: Arbitrator Disclosure Report Report reflects information provided by the arbitrator through 01/1572010 ARBITRATOR Name: Mr. David I. Goldblatt Skills in Controversy: Arbitrator ID: Employment - Breach of Contract, Employment - Commissions, Employment - Compensation, Employment - CRD #: Discrim. Age, Employment - Discrim. Race, Employment - City/State/Country: New York / NY / United States Employment Discrimination, Employment - Libel or Slander on FormU-5, Employment - Libel or Slander, Employment - Partnerships, Employment - Promissory Notes, Employment - Retaliation, Employment - Wrongful Termination Classification: Public Skills In Securities: FINRA Mediator: No Common Stock, Limited Partnerships Chair Status: Qualified Statutory Discrimination Qualified - This arbitrator meets the conditions set forth in FINRA's Code of Arbitration Procedure to serve as the chairperson or sole arbitrator on a case involving a statutory discrimination claim. Injunctive Qualified - This arbitrator is an attorney and has reported experience litigating cases involving injunctive relief. EMPLOYMENT Start Date End Date Firm Position 05/1997 Present Retired not provided 01/1970 04/1997 Proskauer Rose Goetz et. Partner 08/1961 10/1970 Proskauer Rose Goetz et. Associate EDUCATION Start Date End Date School Degree 09/1958 09/1954 06/1961 Yale Law School 06/1958 Antioch College LLB BA Completed Description Details TRAINING Firm/School Hours Location 03/2009 Motion to Dismiss FINRA Training 01/2009 Expungement - 2008 FINRA 1 Refresher 03/2007 Revised Code of NASD 2 online Arbitration 08/2004 Expungement online mini-course NASD 1.5 online 03/1997 Mediation Training NYC 11/1996 Chairperson Securities NASD 7 New York, NY Training 06/1996 Intro Securities Arbitrator NASD 6.5 New York, NY Training Staff ID: LeeC Page 26 of 75 Publicly Available Awards Section. Current as of 01120/2010 EFTA00726351
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FINRA Dispute Resolution 01/1992 Mediation Training Bar Association of the City of New York Arbitrator ID: New York, NY Type Has an account with Had an account with Arbitrator for Had an account with Is a Client Was a Client Is a Member of Bar Association DISCLOSURE/CONFLICT INFORMATION Firm Name Charles Schwab & Co., Inc. Merrill Lynch Pierce Fenner & Smith NYSE UBS Financial Services Inc. Details PaineWebber, Inc. (had) Bridgewater Advisors Inc Intergrated Resources, Inc. (was) New York PUBLICLY AVAILABLE AWARDS PubDefy Avaable Awards Section, Current as of 01/20/2010 Case ID Case Name Close Date 07-02493 Interactive Brokers LLC v. Lek Securities Corporation, Petra Trading Group LLC, Last Atlantis 10/28/2009 Capital Management, et.al. 06-02076 Eugene C. Ross v. Bear Steams & Co., Inc. 10/09/2009 08-01168 Robert Hwang vs. Stifel Nicolaus and Company. Inc. 04/08/2009 07-02659 Todd Meldrum v. TD Ameritrade, Inc. 03/12/2008 06-04084 Roy Budd vs. Citigroup Global Markets, Inc. 02/25/2008 07-01899 The Estate of Alastair John Stair v. PMG Securities Corporation and Matthew J. Ryan 11/07/2007 05-04473 Rita Fisher v. Fidelity Brokerage Services LLC 06/14/2006 05-04104 Katrina Schalensky v. Citigroup Global Markets (f/k/a Salomon Smith Barney) 02/23/2006 05-00449 Alice Kelly, Pearl Daniels, Phyllis Crank vs. Gilbert C. Vames, Jr. USAllianz Securities. Inc f/k/a 12/15/2005 LifeUSA Sec. 05-01444 J.B. Hanauer & Co. v. Paul Horvath 09/22/2005 00-02546 Max Fodiman, Bruce B. Fodiman, Fred B. Fodiman and Myra M. Fodiman v. David Lemer 09/09/2005 Associates, Inc. 04-02884 Ian Allena vs. Prudential Equities Group, LLC John S. O'Donnell and Mark Hyde 08/04/2005 04-04520 Alice Adjmi vs. Citigroup Global Markets, Inc. f/k/a/ Salomon Smith Barney, Inc. 05/26/2005 03-08775 Theresia S. Blair vs. Citigroup Global Markets, Inc. f/k/a Salomon Smith Barney, Inc., John Ryan, 12/09/2004 David Nelson, etal 01-03313 Robert W. Lisnoff vs. Parker Financial Corp.. Jeffrey Gray, John Serkes and Keith Feldman 07/12/2002 00.04507 Dean Witter Reynolds, Inc. v. Joseph Amato. Michael Braccia, Daniel DelRosso, John A. 04/16/2002 Zadwydas, et al 01-00196 Francisco Pedros v. Gilford Securities, Gabriel Carino, Howard Perkins, III, and Chris Pomarico 04/02/2002 99-00472 Kathleen Yacoe-Hughes v. Janney Montgomery Scott, Inc. 02/17/2000 97-01783 Danny Chow v. Joseph Stevens & Co.. Schroder Wertheim & Co. and Steven Tabb 05/12/1998 96-01311 Milan L. Obradovich vs. Fidelity Brokerage Services, Inc. 05/23/1997 Staff ID: LeeC ARBITRATOR BACKGROUND INFORMATION Pape 27 of 75 Publicly Available Awards Section, Current as of 0120/2010 EFTA00726352
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FINRA Dispute Resolution Arbantor ID: I am a 1958 graduate of Antioch College, where I majored in Business dministration/Accounting, and a 1961graduate of Yale Law School. where I was an editor of the Yale Law Journal. I joined Proskauer Rose LLP (then Proskauer Rose Goetz & Mendelsohn) in 1961, became a partner in 1970, and remained there until 1997, when I retired from the active practice of law. Throughout my career at Proskauer I was a member of the firm's Litigation Department, specializing in commercial and corporate litigation, principally civil. I handled a number of securities class actions, usually representing an accounting firm as defendant, SEC administrative proceedings against accountants, bankruptcy matters on behalf of debtors, employment disputes (representing the employer), patent, copyright and trademark matters, and a variety of other commercial matters. I have served as an arbitrator for the NASD and the New York Stock Exchange. as an arbitrator or mediator in court-mandated arbitrations or mediations and, through the Bar Association of the City of New York, as a mediator in lawyer-client disputes. CHAIRPERSON QUALIFICATIONS FOR STATUTORY EMPLOYMENT DISCRIMINATION CASES During the course of my 37 years as a practicing litigator, I handled several cases involving claims of employment discrimination. One involved alleged discrimination on the basis of race, and was tried to a conclusion. Two involved alleged discrimination on the basis of age. One of those was settled and the other dismissed on motion. I have also represented an employer in approximately 12 law suits or arbitration proceedings brought by present or former employees, where the claims were not based on discrimination but on alleged defamation, breath of contract, or other claims. I was in private practice with a firm of Proskauer Rose LLP, as an associate from 1961-1970 and as partner from 1970. Since May, 1997, I have been a retired partner of that firm. Staff ID: LeeC Page 28 of 75 Publicly Available Awards Section, Current as of 01120,2010 EFTA00726353
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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. Mitchell S. Friedman Skills in Controversy: Arbitrator ID: There are no skills in controversy information. CRD City/State/Country: New Hyde Park / NY / United States Classification: Public Skills In Securities: FINRA Mediator: No There are no skills in security information. Chair Status: Qualified Statutory Discrimination Qualified - This arbitrator meets the conditions set forth in FINRA's Code of Arbitration Procedure to serve as the chairperson or sole arbitrator on a case involving a statutory discrimination claim. EMPLOYMENT Start Date End Date Firm Position 01/1996 Present NYS Off. of Temp./Disab. Assistance Admin. Law Judge 01/1994 01/1996 NYS Liquor Authority Senior Attorney 01/1991 01/1994 NYS Department of Labor Hearing Referee 01/1990 01/1991 Goldfarb & Goldfarb Associate 01/1987 01/1990 Franklin Rand Weiss, P.C. Associate 01/1985 01/1987 Lefrak Organzation Associate 01/1981 01/1985 Franklin Rand Weiss, P.C. Associate EDUCATION Start Date End Date School School of Law CUNY Degree JD BA 01/1978 01/1974 01/1981 St. John's Univ. 01/1978 Queens College Completed Description Details TRAINING Firm/School Hours Location 03/2009 Motion to Dismiss FINRA 1 01/2009 Training Expungement - 2008 FINRA 1 Refresher 10/2008 New Online Civility FINRA 1 online Training 03/2007 Revised Code of NASD 2 online Arbitration 08/2004 Expungement online mini-course NASD 1.5 online 10/1999 New Chairperson NASD 11 New York, NY Training [NASD] Staff ID: leeC Pape 29 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726354
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FINRA Dispute Resolution 02/1996 Intro Securities Arbitrator Training Introductory Arbitrator Training Arbitrator ID: 7 New York, NY Tvae Has an account with Family Member has relationship with Family member had relationship with Arbitrator for Is a member of Is a Member of Bar Association Was Arbitrator for Family Member has relationship with DISCLOSURE/CONFLICT INFORMATION Firm Name Charles Schwab & Co., Inc. Morgan Stanley Smith Barney Citigroup Global Markets, Inc. NYC Small Claims Court NYS Administrative Law Judge Association New York State New York Stock Exchange Travelers Details Spouse has account Wife had account w/Salomon SSB Wife has account PUBLICLY AVAILABLE AWARDS Publicly Available Awards Section, Current as of 01120/2010 Case ID Case Name Close Date 07-02017 William J. Heffernan vs. S.W. Bach & Company, Scott Allan Shapiro, Christopher John Barletta, and Peter Miluk 02/04/2009 04-06761 Garrett Going v. Syndicated Capital, Inc., Lloyd McAdams and Faith Lee vs. Robert Gillin & Brian 02/03/2009 P. King 04-08460 Matthew J. Trachtenberg vs. Bear Stearns & Co. Inc. 06/28/2006 05-01437 Brij Mittel and Amita Mittal v. Raymond James Financial Services, Inc. 04/21/2006 03-05313 Reva Ostrow vs Merrill Lynch, Pierce, Fenner & Smith, Inc., Citigroup Global Markets Inc. and 07/15/2005 Sandy Toochin 03-07176 Eric L. Goldstein vs. Merrill Lynch, Pierce, Fenner & Smith Inc. and Henry M. Blodget 05/20/2005 03-02754 Lilian Heidenberg Reitman vs. UBS Financial Services. Inc. f/k/a UBS PaineWebber, Inc. and 09/23/2004 Isadore Friedman 01-06828 Valgest vs. Weatherly Securities Corporation and CIBC Oppenheimer 05/28/2004 01-01611 Berry-Shino Securities, Inc. v. David Monaco and George Munch 02/10/2003 96-02452 Robert K. Smith vs. Ronald Heineman and Bear Steams Securities Corp. 11/26/2002 00-04410 William Roncaioli and Anne M. Roncaioli v. Investec Ernst & Company, Royce Investment 11/20/2002 Group, Inc. and Joseph Rudy 01-03212 Maria Cicchino vs. J.P. Turner & Company L.L.C.. Lenard Simon and Rocko Guidicipietro 07/26/2002 99.01530 Peter Norberto and Mary Sue Norberto v. Millennium Securities Corp. and Kenneth Fuller 08/14/2000 98-00644 Eugene Lugo vs. The Harriman Group, Inc. and Joseph Giannuzzi 03/18/1999 ARBITRATOR BACKGROUND INFORMATION Since December 1991. I have served as an Administrative Law Judge (AU) with various agencies of the State of New York. I have also worked as a prosecutor in the Counsers Office for the NYS Liquor Authority. My duties as an AU include eliciting and reviewing the facts presented by parties at hearings and formulating a written opinion in accordance with relevant law, rules and regulations. At the Unemployment Insurance Appeal Board, my duties required me to review other AU decisions on an Staff ID: LeeC Page 30 of 75 Publicly Available Awards Section, Current as of 0120/2010 EFTA00726355
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FINRA Dispute Resolution Arbitrator ID: appellate level to determine if an appropriate decision was issued at the initial hearing level. Previously, I conducted hearings for the New York City Taxi and Limousine Commission. I volunteer as an arbitrator for the New York City Civil Court-Small Claims Part. My private practice focused on real estate and general civil practice matters. CHAIRPERSON QUALIFICATIONS FOR STATUTORY EMPLOYMENT DISCRIMINATION CASES 1/96 to present am an Administrative Law Judge for the State of New York. 12/91 - 5/94 Administrative Law Judge for the NYS Unemployment Insurance Appeal Board (appellate level). 1989 - present serve as an arbitrator for the NYC Civil Court - Small Claims Part. My experience as an Administrative Law Judge and in particular my time with the UIAB makes me familiar with Labor Law and employment issues. I have been a practicing attorney in this state since 1982. Staff ID: LeeC Page 31 of 75 Publicly Available Awards Section, Current as of 01/20/2010 EFTA00726356
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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: Ms. Dora M. Lassinger Skills in Controversy: Arbitrator ID: There are no skills in controversy information. CRD #: City/State/Country: East Rockaway / NY / United States Classification: Public Skills in Securities: FINRA Mediator: No There are no skills in security information. Chair Status: None EMPLOYMENT Start Date End Date Finn Position 01/1981 Present Self-employed Attorney 01/1981 01/1981 Law Office - Maurice Gohenthal Attorney 01/1979 01/1980 U.S. Virgin Islands (Gov't) Attorney General 01/1978 01/1979 Mackey & Klein Attorney 01/1977 01/1978 Law Office of Stuart Law Attorney Start Date End Date School EDUCATION University Degree JD BA 01/1974 01/1970 01/1977 George Washington 01/1974 Clark University TRAINING Completed Description Details Firm/School Hours Location 11/2009 New Chairperson FINRA 9 online Training [FINRA) 11/2009 Revised Code of FINRA 2 online 03/2009 Arbitration Motion to Dismiss FINRA Training 03/2009 Expungement online revised - 3/2009 FINRA 1.5 online 05/2008 Revised Code of FINRA 2 online Arbitration 10/2005 Expungement online mini-course NASD 1.5 online 12/1992 Served as Arbitrator NASD 1/1/90-12/31/92 Tvoe Staff ID: LeeC DISCLOSURE/CONFLICT INFORMATION Firm Name Details. Page 32 of 75 Publicly Available Awards Section. Current as of 01/20/2010 EFTA00726357