FINRA reached a decision in a convoluted case involving Merrill Lynch (BAC) and a Brazilian heiress on Tuesday, requiring Merrill Lynch to pay $3.6 million.
The case involves losses that Camelia Nasser de Kassin said resulted from unauthorized trading by her brother, Ezequiel. She had been seeking $21 million related to losses on nearly $390 million in trades. The Nassers are a prominent banking family in Brazil.
“Based upon the testimony given by [Marc] Bonnant [of Merrill] at the hearing, the panel concluded that Bonnant’s attention to his fiduciary responsibilities to claimant was less than adequate,” the FINRA arbitration panel said in its decision. “The panel admonishes [Merrill Lynch] for lapses in record keeping and supervisory procedures.”
It also stated, “There was no evidence, however, that these deficiencies were either widespread throughout [Merrill’s] organization, meriting further action, or material to the claims before the panel.”