February 2024
In a significant legal victory in the fight against fraud targeting seniors, Judge Michael Whitaker of the Los Angeles Superior Court on February 7, 2024 denied a motion to compel arbitration filed by Defendant Fisher Capital LLC, a precious metals company based in Beverly Hills. The plaintiff in this case is represented by securities fraud attorney Thomas D. Mauriello,
In a detailed order issued following oral argument, the Judge concluded that the arbitration clause in the Fisher Capital client agreement was void and unenforceable because it was induced by fraud and was both procedurally and substantively unconscionable. The Judge further found that the defects permeated the agreement and were not severable.
The case is notable for several reasons. First, the arbitration clause designated “Fisher Capital Arbitration Association” as the forum. No such forum was locatable and the Judge agreed with securities attorney Mauriello that even if this forum exists, it apparently would have been sponsored by defendant rather than being a legitimate and neutral forum.
Another arbitration forum, JAMS, was identified in the client agreement as a backup arbitration forum. But JAMS would only be applicable if an arbitration claim was first filed with “Fisher Capital Arbitration Association” and if then no hearing was set within 120 days in that forum. Because the latter forum was nonexistent/unfeasible, the Court rejected Fisher Capital’s request to send the case to JAMS arbitration.
Secondly the Court found that Fisher Capital’s conduct was both fraudulent and unconscionable. Plaintiff asserted that defendant’s personnel cold called plaintiff, a recently widowed retiree in another state, and pressured and bullied her, telling her that is she did not move her deceased husband’s retirement assets to her name, the government would take them. They then obtained effective control of all of her retirement funds, set up an account at metals custodian Kingdon Trust, and induced plaintiff to purchase gold and metal coins, at grossly inflated prices. The assets lost over 50% of their value.
Defendants in this action were represented by the law firm of Davis Wright Tremaine in Los Angeles.
In addition to the lawsuit brought by securities attorney Thomas D. Mauriello, Fisher Capital LLC also has been sued in federal court in New York by the federal Commodities Futures Trading Commission (“CFTC”) for substantially similar conduct perpetrated against victims nationwide. A copy of the CFTC complaint in that pending matter can be found here. If you are the victim of fraud in connection with a securities or precious metals transaction, please contact securities attorney Thomas D. Mauriello for a free consultation. Mr. Mauriello specializes in securities fraud and may be able to assist you in recovering your investment losses.