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FINRA Arbitration Panel Awards Investor $1 Million in Damages Over Broker’s Misleading Statements

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by Beth Graham

Monday, Apr 17, 2017


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A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly awarded an investor more than $1 million due to a securities broker’s misleading statements.  In FINRA case number 16-00226, Grace Huitt purchased a variable annuity from Oklahoma-based Wilbanks Securities in 2008.  At the time of her purchase, a Wilbanks Securities broker purportedly promised Huitt a minimum return on her investment of seven percent.  About four years later, Huitt sold the ING Landmark Variable Annuity without realizing the promised profit.  As a result, Huitt sought $2.5 million in damages from Wilbanks Securities for fraud, breach of contract, negligent supervision, and breach of fiduciary duty.

Wilbanks Securities responded to Huitt’s case by asserting that her claims were time-barred.  Following arbitration proceedings, an all-public FINRA panel denied the securities firm’s counterclaim and awarded Huitt $536,720 in compensatory and $536,720 in punitive damages.  Although Huitt purchased the annuity through Wilbanks Securities’s Grand Junction, Colorado office, punitive damages were levied against the brokerage firm under Oklahoma law.

Photo credit: Arch_Sam via Foter.com / CC BY

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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