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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?

To: Deeber who wrote (73165)	8/21/2001 8:39:01 AM
From: Mama Bear	Read Replies (1) \| Respond to of 122087

Deeber, don't pay any attention to these nattering nabobs of negatism. If you have related the story accurately, the brokerage definitely has (at least some) liability IMO. To say that you 'should have known better' than a licensed professional is claptrap. Why bother using a licensed professional at all if that is the case? Regards, Barb

To: Deeber who wrote (73165)	8/21/2001 8:39:27 AM
From: slave	Respond to of 122087

You were trying to profit from a mistake..You were not complaining then, you were being greedy..You knew those were not your shares...Now you lost big on that same mistake,greed always gets you in the end...It is unfortunate but a good lesson learned..I doubt you will get anywhere with a lawsuit except paying more money for an attorney....Time to say next trade.....

To: Deeber who wrote (73165)	8/21/2001 9:02:05 AM
From: rrufff	Respond to of 122087

I wouldn't waste time yapping on boards if I were you. Immediately get a lawyer who does securities work, start the arbitration process, put them on written notice, etc. I'd even consider going to court to get an emergency order to preserve and share the tapes. Even though the standard contract prohibits litigation for controversies, this would be arguably collateral to the contract and courts have equity jurisdiction under the common law to administer justice. You might lose on this but if you have a good local lawyer who "knows" the local court and personel, you may have a good shot getting a temporary order against the big national broker and their corporate big wig lawyer. BTW put them on notice that you're looking for attorneys' fees too. I'd be willing to bet, if you are telling the true story and you are aggresive over the next couple of days, you'll get your dough.

To: Deeber who wrote (73165)	8/21/2001 9:08:27 AM
From: D. Chapman	Read Replies (1) \| Respond to of 122087

"I wont take my lumps and move on. Not a 68,000 lump, thats a HUGE chunk of my acccount, it would ruin me." ================================================ So how come you didnt think making $100k was a bit strange? Did you really think you made $100,000 on a $4,000 trade? There is a huge difference between playing dumb and being dumb. Face it you did the later

To: Deeber who wrote (73165)	8/21/2001 9:30:23 AM
From: Quahog	Respond to of 122087

If the facts as you stated them are true, then IMO you are looking pretty good. You need to see a lawyer, like, yesterday. The brokerage needs to be put on notice immediately, in writing, that you want the tapes, that they should preserve them, and that you intend to use them as evidence in a proceeding to enforce your rights. Then, if they destroy the tapes or tape over them, it is called "spoilation of evidence," and depending upon the jurisdiction you are in, could: -lead to a presumption that the evidence would have been harmful to the party that destroyed the evidence; -result in sanctions imposed by the court; and in some jurisdictions; -spoilation can be claimed as an independent cause of action. Anyway, that's my two cents. Good luck.