JPMorgan’s $4 Million ‘Salami Incident’ Is Fueling a Backlash From Banks

The industry’s push for rule changes has been galvanized by recent mega awards

The Wall Street Journal

JPMorgan’s $4 Million ‘Salami Incident’ Is Fueling a Backlash From Banks

The industry’s push for rule changes has been galvanized by recent mega awards

ET

After JPMorgan JPM -1.81%decrease; red down pointing triangle fired a wealth manager for expensing a $642.50 Super Bowl platter, the employee claimed he was wrongfully terminated, saying he had intended the spread of deli meats and cookies for clients who didn’t show up. In May, the employee won $4.25 million in the case that became known as the “salami incident.”

Now, big banks have had enough of these sorts of claims and want to make sure they are never again vulnerable to them.

JPMorgan filed a motion late Monday in a California federal court to vacate the award to its former wealth adviser, Brent Ryan Bodner, over the deli meats gone awry. The award, the bank argued, was “lawless” and misrepresented the reason for his firing.

Another apparent target of JPMorgan’s filing: the watchdog group that awarded him the sum.

The bank said Bodner took advantage of the Financial Industry Regulatory Authority’s rules to engineer a high payout. Finra, the industry’s self-policing group, adjudicates disputes among advisers, brokers, investors and institutions.

“FINRA exists to promote trust and confidence in the securities industry,” the bank wrote in its filing. But the bank said arbitrators punished it for “truthfully advising the investing community about Bodner’s misconduct, while rewarding a wrongdoer whose claims would fail as a matter of law in any other forum.”

The bank’s dig at Finra reflects a broader push on Wall Street to rein in the organization, whose arbitration panels rule on everything including defamation claims, whether investments were too risky for a client or if a broker is a “Wolf of Wall Street” type who needs to be punished.

In March, Finra asked the public to weigh in on a host of questions tied to its rules for deciding arbitration cases. Suggestions from banks and other financial firms poured in.

“I can’t recall the last time there was either a rule proposal or a request for comment that covered so much,” said William A. Jacobson, a law professor and director of the Cornell Securities Law Clinic. “It would be odd to me if a couple of large awards could cause Finra to want to look at the whole system and propose systemic changes.” 

Investor advocates and lawyers for advisers and brokers say it could end up handing even more power to Wall Street.

Already, Finra had a reputation for having a lighter touch than federal regulators.

According to its own data, institutions win or settle the vast majority of cases brought to a Finra arbitration. Only 3% of all cases since 1989 have resulted in punitive awards, which are reserved for certain cases with “serious misconduct.”

Wall Street has nevertheless been galvanized by recent mega awards that were even bigger than the salami win.

There was a $133 million judgment against Stifel Financial and a $92 million award against UBS. The cases were brought by investors who claimed they weren’t properly told about risks, and the awards were upheld in court on appeal.

Any potential cap on damages or other changes to Finra rules would need to be approved by the Securities and Exchange Commission.

Among those that submitted letters calling for change are Charles Schwab, LPL Financial, and Sullivan & Cromwell, the law firm representing banks like Goldman Sachs and JPMorgan.

The industry wish list would broadly curb how much an arbitrator could levy in punitive damages, if at all, and allow cases involving large or complex investments to be routed to other arbitration forums, which are typically more expensive.

“They want to protect themselves,” said Jenice Malecki, a lawyer who was formerly part of Finra’s national arbitration and mediation committee.

The industry’s complaints may already have found a sympathetic ear at the SEC.

Michael Bixby, president of the Public Investors Advocate Bar Association, who opposes many of the industry’s proposed changes, said the Stifel award came up during a meeting with the regulator.

“Isn’t that number kind of big?” Bixby recalled being asked by an official at the SEC.

A spokesman for the SEC said the agency “would not comment on a private meeting.”

As for Bodner’s case—essentially, an employment dispute—banks are hoping to change the rules there, too. Finra’s rules require banks to explain the reason for employee departures on their employment records, a portion of which is usually public. JPMorgan says that requirement allowed Bodner to claim defamation and wrongful termination, which the company denies.

Arbitrators allowed Bodner to classify his leaving JPMorgan as voluntary. The bank is looking to reverse that.

An industry group, the Securities Industry and Financial Markets Association, recommended that new rules give firms “qualified immunity” against employee challenges to how their departures are described on their employment record.

As for Bodner, the former JPMorgan adviser’s lawyer isn’t happy with some of Finra’s rules either.

Marc Rosen criticized Finra rules for requiring employees to enter into arbitration over matters that don’t involve securities, and for allowing banks to assume former employees’ clients while hashing out employment disputes.

Pretextual terminations that tarnish careers of honest employees is never permissible,” he said in a statement, adding that he is looking forward to defending against the bank’s suit. “The Arbitrators saw and heard all of the evidence.”