Engineering Arbitration Case Kevin F. O'Neill vs. Birkelbach Investment Securities, Inc. And William James Murphy

Case Number: 12-00271

Hearing Site: Chicago, Illinois

The case was filed on January 25, 2012. The claimant alleged that the respondent violated the following Acts: the Securities Act Rule 10b-5; the Illinois Blue Sky Law; excessive trading and churning of investment account; unauthorized trading; unsuitability; negligent supervision; breach of fiduciary duty; and Fraudulent misrepresentation.

The claimant also alleged that the respondent accrued $3 million worth of unauthorized trades in his non-discretionary investment account in an eight-month period as well as short-term trading of mutual funds without the Claimant's consent.

Issues Considered

Since Birkelbach Investment Securities had no counsel of their own, the Arbitration tribunal (FINRA) appointed an agent (Christopher Wurtizinger). FINRA personally advised respondent of this choice and invited him to participate in conference. Respondent failed to appear.
2. Mr. Wurtizinger participated in conference but did not represent respondent. Wurtizinger said that he did not possess documents or records of respondent.

3. The claimant's Request for Sanctions was granted. Birkelbach was…