Saturday, September 24, 2011
Was There A "CONFLICT OF INTEREST"?
Reference : Helman vs JMS LLC …….Case # 05-61097-CIV-ZLOCH
My name is Gloria Helman. I was involved in a Mediation-Arbitration Stock Broker case that had a Conflict of Interest with the Mediator involved with my case. The Mediator was an Attorney who was legal counsel for the stock broker I was up against. This Mediator resided over the Mediation. He also was representing the same Stock broker firm for another client during the same time period. My Attorney and the other Attorney’s for the stock brokerage pick this Mediator knowing there was a Conflict of Interest.
My case went to Federal Court because opposing side filed a Preliminary Injunction where the Judge ruled in the Brokerage firm’s favor.
I lost the case and now I am forced to sell my house and I’m going broke.
Enclosed you will find enough evidence to prove that both my Attorneys did NOT represent me and violated my civil rights and breached their fiduciary responsibilities to me. (A Copy of the Court Hearing )
For the record while reading all these documents it has been my understanding that I had a Mediation NOT an Arbitration case that keeps being mentioned in this deposition.
Also, FINRA has it listed as an Arbitration. If it was an Arbitration, why was there NO panel of other representatives of FINRA present? Finra told me much later that my case was a Private Mediation. If that was the case, then WHY did I receive a FINRA case #.
What’s the difference between a regular Mediation and a Private Mediation through FINRA. Aren’t they all governed by the same rules of LAW?
1-Copy of Confidential Mediation Statement- My Attorney stated on page 2 that he will demonstrate that there were certain improper mutual fund switches with no switch letters produced and JMS failed to supervise the accounts in accordance with its compliance manual.
There were NO documents ever shown by any attorney or oppsing Attorneys during the Mediation. The above fact was never mentioned by my Attorney during the caucus. Plus the Mediator was not present during the Mediation caucus. He left the conference room.
Please read the whole document to see that what JMS, Mediator, my Attorneys did to me was morally and ethically wrong. The Florida Bar and FINRA rules were BROKEN by these people as well. This is my belief.
2- Attached are documents from the Preliminary Injunction where the Judge ruled against me, because my second Attorney did not file evidential documents in court on time. He also stated that my Attorney did not show strong enough case laws to justify my arguments with my case. The Judges rulings are in the copy of this deposition I’m sending you. My attorney Mr. Gucciardo lied in Federal court that I asked Attorney Mr. Grubman at Mediation for a new mediator. That is a lie!!!!! That was never said by me at the mediation.
3- I also have proof where Attorney #1 Grubman stated in Federal court under oath that he knew Mr. Tescher representated Janney Montgomery Scott. Block 9-Line 21-23.
Block 10- line 23-25. Mr. Grubman NEVER told me that Mr. Tescher represented Janney Montgomery Scott. See question- Block 11-line 1-4. I don’t know for sure. I thought that I had. I can’t say for certain. No, I really don’t recall. HE NEVER TOLD ME! The Judge is questioning Mr. Grubman in Block 11-starting with line 8- 25.
(Gloria)- Mr. Tescher introduced himself and told everyone he was the Mediator. He asked me if I knew what a Mediator was. I said yes. Then, after everyone introduced themselves, Mr. Tescher left the room.
Mr. Tescher NEVER told me while in the conference room his involvement as Janney Montgomery Scott’s Attorney.
(Gloria) –The mediation started at 8am. During the caucus my Attorney Grubman stated that I was a good Mother to my kids, that I was not well educated, nor had a degree. He also stated my spending habits during the years of 1998, 1999, 2000, and 2001. These were the years I believe he quoted. He mentioned amounts, but I don’t recall them. Then opposing counsel stated I approved each transaction that my broker made for me, said they had proof by the phone calls Jeff Brook( Broker) and I had everyday, but yet there was NO WRITTEN PROOF shown during the meeting.
(Gloria) I was in shock by the time we left the conference room when Mr. Tescher led me and Mr. Grubman to the back room. I was so shocked, devastated, depressed, under duress by all the LIES from both my ATTORNEY and Opposing counsel.
(Gloria) I did talk to Mr. Grubman about Mr. Tescher when we were in the back room. I told Mr.Grubman how mad I was at him for not telling me prior to the mediation that Mr. Tescher was an Attorney for JMS. The day of the Mediation after we adjourned to separate rooms, the Mediator then told me he worked for the Stock Broker Firm as their Attorney. FINRA states that is a “CONFLICT of INTEREST”. The Mediator or my Attorney didn’t ask me to sign any waiver or consent to keep the Mediator or stop the Mediation.
Mr. Grubman and Mr.Tescher NEVER told me my options about continuing the mediation or getting another Mediator. I have notes on the mediation the way I remember and they were never entered as exhibits with the Federal Court. The OPIS report was never added to the exhibits as well. The letter I received from Mr. Grubman where the mediation was taking place was never added as an exhibit either to the court. See how many documents were left out by Attorney Mr. Gucciardo who was representing me during this Federal hearing.
Mr. Grubman said my losses were somewhere between $600 and $700,000.00. When the OPIS report stated I lost over $1.2M. Offer was $105,000.00, the only offer., read testimony of Mr. Grubman.(Gloria) This was NEVER told to ME , nor was I aware that the low settlement was a “KICKER” on JMS paying for my Attorney FEES. Sounds like JMS paid my MEDIATION case for a BRIBE! Sounds like perjury or subornation of perjury to me, but I’m not a lawyer.
I have documents that show when I signed the Margin contract with JMS that they forged the document to say I was an active investor. If you read the Claim by Mr. Grubman it was stated that my accounts objectives were for income and growth.
Mr. Grubman dropped my claim against Prudential Securities without having an OPIS Report done, but he did one for JMS. He just told me I didn’t lose that much money.
(Gloria) Why didn’t Attorney Gucciardo file a claim against Prudential , since Grubman omitted the claim? As my second Attorney, he should of filed that claim on my behalf. The only thing my Attorney(Grubman) said during the caucus was my spending habits. He even sent a letter to the Mediator prior to the Mediation how he will prove during Mediation, that the Broker and Firm were wrong in handling my accounts.(Mentioned in paragraph 1) The day of the Mediation after we adjourned to separate rooms, the Mediator then told me he worked for the Stock Broker Firm as their Attorney. FINRA states that is a “CONFLICT of INTEREST”. The Mediator or my Attorney didn’t ask me to sign any waiver or consent to keep the Mediator or stop the Mediation. My children’s losses were dropped from my case. They lost over $100,000.00 of their College money. My Attorney told me they didn’t lose that much money. Then both stated that if I went to Arbitration I would likely lose everything. My Attorney and Mediator told me my case was weak. Ironically prior to the Mediation, my Attorney told me I had a strong case. Both the Mediator and My Attorney told me if it went to Arbitration, most likely I would lose because of my spending habits.
My account was churned, put into risky stocks; bills were not paid in time on one account and were set up to be sent out automatically. I received a Letter from an Attorney in Maryland about my Mother’s account that the maintenance had not been paid in a year. My Trust account was mishandled as well…..I had payment on automatic withdrawal and for months some of my bills were not paid, because JMS had problems with their routing code…I was not told of this until weeks or months later…..
I signed under duress, the preliminary agreement because I believe if I went to Arbitration, I would lose my case. When the real Agreement was sent to my house, I refused to sign it. I fired my Attorney and I looked for a new Attorney to take my case. I found 1, but it took months before they would take my case. They had a paralegal named Donny. He believed I was screwed (sorry for the language). He also told me that the Attorneys in South Florida were a close knit group. He even told me to be careful of these Attorneys he was working for. He convinced the Attorneys to take my case, but they procrastinated for about 4 or 5 months before they would even say yes. Then, since I fired my Attorney, counsel for the Broker Firm called me at home and wanted to know what my plans were. I told her I didn’t know, and I never called her back.
Then months later the Attorneys for the Broker filed in Federal Court a Preliminary Injunction to bind the Mediation agreement that I signed. It went to trial in 2005.
The final ruling came from the Judge almost 4 or 5 months later. The Judge ruled in the Brokerage Firms favor. If you read the depositions of both my Attorneys, it looks fishy to me. Especially, since the Judge caught a few lies then changed the subject.
I wrote letters to the Florida Bar against my first Attorney. They wrote me back, there was no claim against him….Even my EX-Attorney had the Attorneys for JMS and my Broker sign Affidavits stating the facts of the Mediation….and what happened…THEY are PERJURING themselves……Don’t you think it’s Unethical for a Former client’s Attorney getting opposing Counsel to sign an Affidavit against his ex client….. Then I wrote to the Judicial Bar, because the Mediator became a Circuit Court Judge under Governor Bush. The Judicial Bar told me I didn’t have a claim. The Mediator stepped down from the bench after my letter was sent to the Judicial Bar. I even wrote to NASD ( FINRA). They said my Mediation was a Private Mediation, but yet I have a letter from them with a NASD case #. My Attorney and Brokerage Firm picked the Mediator knowing there was a CONFLICT of INTEREST!
I wrote to Governor Bush, Governor Crist, SEC, News Stations, President Elect Obama, and other Government Officials, etc. The 1 person who helped me was Governor Crist. His office told me to contact the Office of Financial Regulations. I did March 2008. I have been in contact with Russ Wilson from their Ft. Lauderdale office. He will NOT give me any information to the case. All I know is they contacted my ex Accountant, because he was a Trustee on a Trust that was set up for me by my Mother back in 1983. My Ex Accountant should be investigated, because he didn’t even take care of his Trustee Fiduciary responsibilities as he should have in handling my Trust account.
So here is the current situation. The Brokerage firm I was in Mediation with still had a Trust Account that was NEVER transferred over back in 2002, when I switched Brokerage firms. The Account has been sitting idle for 7 years and no 1 from their Brokerage firm contacted me in 7 years until recently. I have lived at the same house, had the same home # for 14 years. I had NOT received any broker statements from this account in 7 years. I just received them recently. I have a copy of the transfer of my accounts to be sent to Merrill Lynch….This account NEVER was switched over. I believed the account was switched over and put in another account when it transferred to Merrill Lynch back in 2002.
The Office of Financial Regulations just sent me a letter. Their opinion of my case was that they did not find any reason to investigate it further. The report in my OPINION were LIES…I never flew FIRST Class on any fights I took. They said I spent a lot more money they I actually did. They spoke with Mr. Brook, my ex Broker and he could not recall any facts. I can…….They spoke to my Accountant who was CO-Trustee on my Trust Account and he didn’t even handle my Trust Account with the Fiduciary Responsibility he was suppose too.
It’s all a BUNCH of COVER UPS.
I’m going BROKE….I have to sell my house….Why these CORRUPT MEN get away with CORRUPTION…
PLEASE HELP….I’ve been diagnosed with Lymphoma, Vertigo, and I have a Heart Condition…..This CASE has RUINED MY LIFE…While these MEN get away with this
HORRIBLE injustice of my Civil Rights as an American.
What has happened to me is a LEGAL CRIME and because of this I have SUFFERED Emotionally, Medically and Financially. This has RUINED MY LIFE!
I have so many documents as evidence. See in this packet.
MY EX Broker ( Jeff Brook)is now working for his 4 or 5 Stock Broker Firm……EX Manager for JMS (Terry Metzger?) is not working there either…..FISHY don’t you think……Even the Secretary Kathy(she was Jeff’s secretary while my accts were there) is no longer there…..BIG COVER UP..
These people NEED to BE ACCOUNTABLE for the CORRUPTION !
FINRA, Office of Financial Regulations, Florida Bar, Judical Bar are ALL COVERING UP for EACH other…..THEY ARE DESTROY PEOPLES LIVES…..
THIS NEEDS TO COME TO AN END……….MAKE FLORIDA A STATE WITH JUSTICE…AND SUNSHINE AND A BEAUTIFUL PLACE TO LIVE…
Jeff Scott Grubman- My Attorney at Mediation
Bradford ( Brad) Gucciardo- My Attorney in Federal Court
Howard Tescher-Mediator and Attorney for JMS
JMS-Attorneys ( Janney Montgomery Scott)
Paula D. Scherer
Jeffrey Brook-Stock Broker
Broward Court Judge…………….Howard Zloch-Federal