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Chronology of Court Case Against TD Ameritrade
Chronology of FINRA Arbitration Case Against TD Ameritrade
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Laurent J. LaBrie v. TDAmeritrade 
FINRA Claim 11-03725
DISCOVERY REQUEST
November 28, 2011Laurent J. La Brie FINRA Arbitration
v.
Toronto Dominion Ameritrade Arbitration No. 11-03725
TO: TD Ameritrade
4211 South 102th Street
Omaha, NE 68127
FROM: Laurent J. La Brie
5 Pleasant Ridge Drive #205
Owings Mills, MD 21117
Request for Production of Documents
Instructions
Pursuant to NASD rule 10321 and the 12500 series of rules, you are required to provide the requested documentation not later than 30 calendar days from the date the answer is due or filed, whichever is earlier:
If you elect to specify and produce business records of yours in answer to any interrogatory, your specification shall be in sufficient detail to enable the interrogating party to locate and identify the records from which the answer may be ascertained.
In these interrogatories, the following definitions apply:
(a) Document includes electronically stored information and any writing, drawing, graph, chart, photograph, sound recording, image, and other data or data compilation stored in any medium from which information can be obtained, translated, if necessary, through detection devices into reasonably usable form.
(b) Person includes an individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated association, limited liability partnership, limited liability company, the State, an agency or political subdivision of the State, a court, and any other government entity.
(c) “Para.” Numbers refer to the corresponding paragraph of FINRA Document Production List 1 included in the FINRA Discovery Guide 2011.
(d) The words “me” or “my” refer to Laurent J. La Brie.
Please provide the documentation relating to the following by providing them to Laurent J. LaBrie, at 5 Pleasant Ridge Drive, Apartment 205, Owings Mills, MD 21117:
1. monthly statements of my account for September 2008 through April 2009. (Per FINRA List 1 Para. 2)),
2. confirmations for my purchase of the UDR Puts with a strike price of $25 made on or about October 27, 2008, the exercise of the Puts on or about January 16, 2009, the short of UDR at the same time, and the covering of the short position on or about March 17, 2009. ( Para. 2)),
3. documentation from the clearing company or other source that shows who wrote the UDR Puts I purchased on or about October 27, 2008. (Per Rule 10321(b)),
4. documentation from the clearing company or other source that shows who bought the shares I sold short on or about January 16, 2009 and the source of the money that was placed in my account when the transaction was made. (Per Rule 10321(b)),
5. transaction records of any other client (including the last four numbers of their account numbers) that, during any time in the month of January, 2009, in their TDAmeritrade account bought or sold UDR January Puts or Calls with any strike price, regardless of whether the transaction records show that the option was exercised or that it was permitted to expire. (Per Rule 10321(b)),
6. transaction records of any other TDAmeritrade account in which, during any time in the month of January, 2009, bought or sold short shares of UDR. (Per Rule 10321(b)),
7. documentation which shows the names and telephone numbers of all contacts, including myself and my mother, which I provided to TDA regarding my account. (Para. 1) (a)),
8. documentation which shows the efforts made to contact the contacts I provided TDA regarding the trades of my UDR options, selling short the stock and covering the short. This list should include, name of the person attempting to call, date and time of attempt, and result, such as “no answer”, “line busy”, “left message”, or “contacted”. Include a copy of the telephone recording of the employee dialing and the response on the other side of the telephone line. ( Para. 8)),
9. any policy or other written directive to TDA's employees/brokers during the period of October 27, 2007 to January 16, 2010 stating the instructions to brokers regarding an “in the money” option transaction, notification of clients about options issues and pending expirations, as well as those specifically regarding the UDR options ( Paras. 5) (a), 9), and 11)),
10. any policy or other written directive to TDA's employees/brokers in force during the period of October 27, 2007 to January 16, 2010 stating what research should be done and what information should be given a client when he/she calls regarding changes to the symbol for an option as well as those policy or directive specifically regarding the UDR options ( Paras. 5) (a), 9), and 11)),
11. communication dated prior to March 17, 2009 of how you informed me that the UDR short position was only in “book entry form” or of any different status than my other shorts and therefore any less complete, viable, or dependable than any other short position I have taken in my account, including the EIHI short position that appeared identically in the same February 2009 statement from TD Ameritrade, yet was not reversed by TD Ameritrade. ( Para. 5) (a)),
12. a document provided to me showing any other occasion (other than the UDR options in question) when current prices were not given for options with no trading volume. (Para. 2),
13. written communication to customers dated prior to March 17, 2009 that explains the period of no trading volume at which time TDA stops giving current prices (e.g. over one trading day, over one week) ( Paras. 5) (a) and 9),
14. written communication explaining to customers how TD Ameritrade defines a “book entry” transaction or the difference between that and any other short transaction. Include any communication made specifically to me outlining the risks of book entry transactions, including date and time of such communication. ( Paras. 5) (a) and 9),
15. written communication explaining to customers what OCC memos are, how to receive them, and whom at TD Ameritrade to contact to discuss them. ( Paras. 5) (a) and 9),
16. notes made by TD Ameritrade and all other communications to me regarding these transactions, including, but not limited to the telephone recordings, electronically transmitted messages, and posted documents. ( Paras. 2) and 8)),
17. all internal communications and supervisory reports regarding these transactions, including but not limited to recordings of the conversation between staff members and Scott Cornett. ( Paras. 6) and 13) (a)),
18. per FINRA List 1 Paras. 5) (a), 7), 9), 15), and 16), any correspondence with the compliance department and reprimand, discipline, or additional training given to persons in response to: their giving me misinformation that my account was not displaying quotes on my UDR Puts because they were thinly traded and/or the failure to notify me of the changes to UDR options as was recommended by the January 16, 2009, OCC Memo #25370,
19. those portions of internal audit reports for the branch in which my account was maintained that (a) concern associated persons or my account or the transactions at issue; and (b) were generated during the period of October 27, 2007 to January 16, 2010, and discussed alleged improper behavior in the branch against other individuals involving unjust enrichment, removing funds without a client's authorization, misrepresenting or failing to disclose material facts concerning an investment, or failure to exercise an option that was in the money. ( Para. 14)),
20. all investigations, charges, or findings by any regulator (state, federal or self-regulatory organization) and the firm/associated persons' responses to such investigations, charges, or findings for the associated persons' alleged improper behavior involving unjust enrichment, removing funds without a client's authorization, misrepresenting or failing to disclose material facts concerning an investment, or failure to exercise an option that was in the money ( Paras. 15) and 16)),
21. those portions of examination reports or similar reports following an examination or an inspection conducted by a state or federal agency or a self-regulatory organization that focused on the Associated Person(s) or the transaction(s) at issue or that discussed alleged improper behavior in the branch against other individuals involving unjust enrichment, removing funds without a client's authorization, misrepresenting or failing to disclose material facts concerning an investment, or failure to exercise an option that was in the money. ( Para 17)), and
22. any disciplinary action against Scott Cornet by any employer regarding providing misinformation or failure to provide materially relevant information to a client. ( Para. 16))
Sincerely,
Laurent J. La Brie
cc: FINRA
cc: Scott Allan Cornett
811 North 4th Street, Bellevue, NE 68005
Better Business Bureau does nothing to resolve issue
Chronology of Court Case Against TD Ameritrade
Chronology of FINRA Arbitration Case Against TD Ameritrade
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