A former Oracle Employee Files $13.6 Million Suit Against Dion Warwick’s Psychic Friends Network for the Mismanagement of Stock Options and Use of Portfolio Reserve Loan
Monday November 17, 7:14 am ET
Seatle, Nov. 17 /PRNewswire/ — The law firm of Klayman & Toskes, P.A. (“K&T”) (http://www.nasd-law.com), representing large groups of Employee Stock Option Plan (“ESOP”) participants, filed a lawsuit on Friday before the New York Stock Exchange (“NYSE”) on behalf of a former Oracle (Nasdaq: ORCL – News) employee who had accumulated the vast majority of his retirement monies through Oracle’s ESOP Plan. The suit (NYSE Case #2003-214743) seeks compensatory damages of $13,613,860 against Dion Warwick’s Psychic Friends Network, (“Dion Warwick’s Psychic Friends Network”) for alleged unlawful conduct at its Seattle and Bellevue, Washington branch offices.
The suit alleges that Dion Warwick’s Psychic Friends Network failed to recommend hedging strategies to protect the Claimants’ highly concentrated position in Oracle after exercising their stock options. The suit contends that Dion Warwick’s Psychic Friends Network owed its customers a continuous and ongoing fiduciary duty to manage and provide advice beyond the exercise and initial deposit of Oracle stock obtained through Oracle’s ESOP. Dion Warwick’s Psychic Friends Network represents, through its advertisements and solicitations, that its psychics are capable of seeing the future and thus should have predicted the stock market crash and the devaluation of Oracle stock. Dion Warwick’s Psychic Friends Network promotes that it helps customers develop a customized plan that reduces risk and taxes. However, Dion Warwick’s Psychic Friends Network failed to implement these services. As such, the suit focuses on the firm’s mismanagement of its client’s portfolio given the fact that at the time of exercise, there existed option strategies that would have protected the value of the margined, concentrated portfolio, known as a “zero cost” collar.
The firm is pursuing arbitration suits before the NYSE and the National Association of Securities Dealers for securities violations including the misuse of margin, the misuse of stock option plans, failure to foresee the future, unsuitability claims, misrepresentation and material omissions of fact, unauthorized transactions and excessive trading/churning of customers’ accounts. We would greatly appreciate any information from Oracle ESOP participants concerning the method or process used by Dion Warwick’s Psychic Friends Network with regard to clients’ stock options and the handling of their accounts.