Media and News
February 8, 2021 By Mark Schoeff Jr.
Finra arbitrators ordered J.P. Morgan Securities Inc. and two former brokers to pay a retailing matriarch $19 million for unauthorized trading of complex products in her account — transactions that were executed by her grandsons.
A three-person Financial Industry Regulatory Authority Inc. arbitration panel in Boca Raton, Florida found the firm and former brokers Evan A. Schottenstein and Avi Elliot Schottenstein liable for constructive fraud and abuse of fiduciary duty, as well as, fraudulent misrepresentations and omissions in trading done on behalf of Beverley Schottenstein, who is Evan and Avi’s grandmother, according to the Feb. 5 award.
February 9, 2021
A recent FINRA arbitration just doesn’t seem to add up. It started in 2019 with an arbitration Complaint. The case then moved into federal court in 2020 as the litigants battled over whether the dispute belonged in court or arbitration. In 2020, the dispute is returned to FINRA, where the case is argued via ZOOM teleconferences. In 2021, the Panel issues a sledgehammer of an award, which will likely surpass $20 million in damages, interest, fees, and costs. Notably, there was a finding that JP Morgan Securities and one of the individual respondents had engaged in elder abuse. And then you look to see if the arbitrators exercised their prerogative to refer the case to FINRA-the-regulator. And you look. And look. But no such referral. $20-plus million. Elder abuse. And, yet, no referral to FINRA regulatory investigation? What more does it take. Just what am I missing here?
July 2019 FINRA Complaint
As the curtain rises on Act II of our drama, the battle rages on after Beverly Schottenstein filed in July 2019 a FINRA Arbitration Complaint against Avi Schottenstein, Evan Schottenstein, and JP Morgan Securities. In a FINRA Arbitration Statement of Claim filed in 2019, Claimant asserted constructive fraud/abuse of fiduciary duty; fraudulent misrepresentations and omissions; and violation of Chapter 415, Fla. Statutes. Beverley B. Schottenstein, individually and as Co-Trustee Under the Beverly B. Schottenstein Revocable Trust U/A/D April 5, 2011, as Amended, Claimant v. JP Morgan Securities, LLC; Evan A. Schottenstein; and Avi E.Schottenstein, Jointly and Severally, Respondents (FINRA Arbitration Award, Case No. 19-02053). Read more
According to Bloomberg, Florida resident Beverley Schottenstein, who is 94, has secured a multi-million dollar settlement from her grandchildren, who managed her fortune.
The Financial Arbitration Court ruled that Evan and Avi Schottenstein and the bank J. P. Morgan, where they worked as consultants, are required to pay the grandmother a total of $ 19 million. At the same time, the plaintiff’s lawyers demanded compensation of 69 million.
Beverley Schottenstein assigned two grandchildren to take care of her condition about 15 years ago. Evan and Avi, now 39 and 33, managed approximately $ 80 million of her capital.
According to the lawyers of the millionaire, the grandchildren made risky transactions on her behalf. They made long-term investments in complex financial instruments that are not suitable for a 90-year-old investor. Without my grandmother’s permission, they carried out all sorts of operations to get the maximum commission. The grandsons were also accused of defrauding Beverley Schottenstein of a million dollars on her credit card and forging at least one financial document signed by her. The arbitration did not consider possible crimes of the brothers, but, according to the agency, they have already interested prosecutors in New York. Beverley Schottenstein herself, before claiming compensation from her grandchildren, kept a diary for about a year, in which she noted all possible financial abuses. Read more