The Securities Arbitration Law Firm of Klayman & Toskes (“K&T”), www.nasd-law.com, announced today that it filed a $500,000 claim against Merrill Lynch on behalf of a UPS (NYSE: UPS) employee for losses sustained as a result of maintaining a concentrated, leveraged position in UPS stock. The suit was filed with FINRA’s arbitration department.
According to the Claim, the Claimant worked over 32 years with UPS and accumulated shares of the company through UPS’ Employee Stock Purchase Plan and Managers Incentive Program. In addition to acquiring company stock, the Claimant opened a Hypothecation Loan (“Hypo Loan”) whereby the UPS stock served as collateral. The Claimant’s UPS stock was held as collateral by Merrill Lynch which offered him the Hypo Loan. While Merrill Lynch loaned the Claimant money, Merrill Lynch failed to recommend a collar on the concentrated UPS stock position that would have protected the stock. Merrill Lynch and its financial advisors facilitated the unsuitable investment strategy of borrowing against a concentrated stock position without any risk management strategies in place. By failing to protect the concentrated position and/or recommend risk management strategies, the Claimant received collateral calls which triggered the sale of shares of UPS stock. Had Merrill Lynch recommended and then implemented a collar on the UPS stock, the Claimant would not have received collateral calls forcing the sale of his UPS stock. This case is about the unsuitable investment strategy and failure of Merrill Lynch to recommend risk management strategies to protect the Claimant’s UPS stock.
The sole purpose of this release is to investigate, on behalf of our clients, the sales practices of Merrill Lynch in connection with the handling of concentrated, leveraged stock portfolios for UPS employees. Current and former UPS employees who held accounts with Merrill Lynch and have information relating to the manner in which the firm handled their concentrated, leveraged portfolios, are encouraged to contact Steven D. Toskes, Esquire or Jahan K. Manasseh, Esquire of Klayman & Toskes, P.A., at 888-997-9956, or visit us on the web at
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