| The following issues were presented to and decided by the undersigned Arbitrators: breach of fiduciary duty, negligence, failure to disclose risks, violations of CFTC Regulations 33.10 (Fraud), 166.2 (Authorization to trade), 166.3 (Failure to Supervise), NFA Compliance Rules 2-4 (Just and Equitable Principles of Trade) and 2-9 (Failure to Supervise), NFA Bylaw 1101 (Prohibition Against dealing with non-NFA members), Commodity Exchange Act Section 6m (Aiding and Abetting) and Code of Federal Regulation Section 4.14 (Aiding and Abetting) and Claimants’ request for attorney’s fees, interest and costs.
During the proceeding, Respondent Peregrine Financial Group, Inc. filed a Motion to Dismiss based on the fact that the claims are time-barred pursuant to a contractual agreement. The Panel took the motion and Claimants' response under advisement. The Panel hereby denies Peregrine Financial Group, Inc.'s Motion to Dismiss.
We, the Arbitrators appointed to hear and decide this matter, have unanimously determined the following in accordance with the Code of Arbitration of National Futures Association:
All of Richard Wakeford's claims against Peregrine Financial Group, Inc. and Brewer Futures Group, LLC are denied and dismissed with prejudice.
Each party shall bear its own costs and fees as incurred. All other relief requested is hereby denied. |