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Ex-Lehman Broker Must Pay $904K in Bonus Flap
July 9, 2012
[ by Howard Haykin ]
Lehman Brothers won a FINRA arbitration case against one of its former brokers. The panel ordered the San Francisco-based broker to pay more than $904,000 to Lehman Brothers Holdings Inc, which has been aggressively clawing back bonus money that it paid to brokers before its demise in 2008.
This case was a win for Lehman, although it's recent decisions have ended with mixed results. Lehman has been pursuing more than 80 former brokers, some of whom were hired less than a year before the investment bank's 2008 bankruptcy filing, to return portions of bonuses they received when hired. The payments are typically structured as "forgivable loans" that are paid-up front and forgiven incrementally over time, typically seven to 10 years.
The broker, Gregory Alan Weiss, was ordered ... to pay Lehman Brothers Holdings Inc $904,000 in a case stemming from a bonus he received upon joining the firm in August 2006, according to the ruling which was handed down 6/25/12. Weiss stayed with Lehman until its collapse 2 years later, according to filings. Neither Weiss nor his lawyer were available for comment. Weiss now works for Wells Fargo Advisors LLC, according to the filings.
Track Record To Date. According to a Lehman spokesperson, 17 cases were decided in FINRA arbitrations where Lehman was awarded the full amounts owed by brokers, sometimes with ancillary fees and expenses. More than 45 cases were settled for nearly the full amounts owed. About 25 cases remain, the spokesperson said.
Despite Lehman's overall success with its strategy, some recent cases stand out in which brokers did not have to pay anything to the firm. On 6/8/12, a FINRA panel ruled against Lehman, allowing its former national sales manager, Jack Petersen, to keep the $375,074 balance he owed on his note. The note Petersen signed, 4 years after joining the firm in 2003, reflected different terms than those promised to him, said his lawyer, David Robbins, in New York. Petersen is now a managing director at Barclays Capital Inc.
In another case, a panel recently allowed a Boston-area broker to keep nearly $193,000, though his lawyer declined to provide further information. [Reuters, 7/3/12]

