KlaymanToskes (“KT”) announces that it recently filed a claim for breach of fiduciary duty seeking $1,000,000 against Merrill Lynch (NYSE: BAC) and RBC Capital Markets (“RBC”) on behalf of investors who had discretionary accounts mishandled by Joseph Ijong Chu (“Chu”). A discretionary account is one that allows an authorized broker, in this case Chu, to buy and sell securities without client consent on each trade and is based on a client consent granting this authorization in writing. This type of relationship is especially one of trust.
According to the claim, the investors gave Chu discretion to invest their hard-earned savings in safe, low-risk investments. Instead, Chu concentrated a substantial portion of the investors’ assets, approximately 83%, into the volatile Energy and Materials sectors, which was unsuitable. The claim alleges that both Merrill Lynch and RBC failed to supervise this conduct, leading to significant losses. Customers with discretionary accounts are owed fiduciary duties, and financial advisors are required to conduct business with utmost good faith and integrity which continues beyond the initial purchase. Advisors with discretion must monitor account holdings and the account progress to determine if a given investment/strategy remains suitable for an investor. It is then part of a firm’s supervisory role to review discretionary accounts to determine if they are properly managed.
The sole purpose of this release is to investigate on behalf of our clients who held discretionary accounts with Chu at Merrill Lynch and RBC. If you held discretionary accounts serviced by Chu at Merrill Lynch and/or RBC and you have information relating to the management and supervision of your accounts, you are encouraged to contact Lawrence L. Klayman, Esq., at (561) 542-5131, and download our Special Investor Report.