Ex-Merrill Bank Advisor Granted Expungement

Posted on February 2nd, 2021 at 9:41 AM
Ex-Merrill Bank Advisor Granted Expungement

From the Desk of Jim Eccleston at Eccleston Law LLC:

A Nevada advisor won expungement and $50,000 in damages after an arbitrator found that Merrill Lynch’s investigation and firing showed reckless disregard for the truth.

Merrill Lynch failed to properly investigate a complaint, after a customer with cognitive difficulties complained the advisor opened a savings account without authorization. Merrill Lynch did not interview the client despite indications that the client may have approved the account.

The arbitrator shifted the blame to Merrill. Several former employees testified that they were encouraged to open new accounts for clients, and that the policy for doing so was ambiguous and not uniformly enforced.

In the award, the advisor was authorized to change her U5 termination notice and permitted to revise the termination reason to reflect that she did, in fact, have the client’s permission to open the savings account. In granting the damage claims, the arbitrator noted that the advisor has not been able to secure new employment in the industry.

Eccleston Law LLC represents financial advisors nationwide. Please contact us to discuss any issued that you may have.

Tags: eccleston, eccleston law, merrill lynch, exadvisor

Return to Archive

TESTIMONIALS

Previous
Next

I am so blessed to have you and your dynamic team defending me. Your ethics, forward thinking and strategies are amazing.  You guys are the best group of attorneys in the country that I could hire to handle this complicated case.

Cindy C.

LATEST NEWS AND ARTICLES

March 21, 2025
SEC Updates Marketing Rule Guidance to Clarify Extracted Performance and Portfolio Metrics

The Securities and Exchange Commission (SEC) has issued updated guidance on its marketing rule, addressing industry concerns regarding net performance requirements, extracted performance, and portfolio characteristics.

March 20, 2025
Stifel Loses Raiding Case, Ordered to Pay Over $7 Million in Legal Fees

Stifel Financial has lost its raiding and breach-of-contract claim against a group of advisors who left its Indianapolis office to establish their own firm.

March 19, 2025
FINRA Enforcement Actions in 2024: Fines Drop But Cases Increase

The Financial Industry Regulatory Authority (FINRA) imposed $59 million in fines in 2024, reflecting a 35 percent decrease from the previous year, according to an analysis by Eversheds Sutherland.