J. David Golub - Page 5




                                        - 5 -                                          

               should serve as a clear and unambiguous message to                      
               Golub that the courts are not to be used as vehicles                    
               for harassment.                                                         
          The Kidder Peabody Litigation                                                
               By 1981, approximately the time he instituted the litigation            
          discussed above, petitioner had opened a brokerage account with              
          Kidder, Peabody & Co., Inc. (Kidder Peabody).  He also entered               
          into an agreement with Kidder Peabody enabling him to deal in                
          “put” and “call” options.  Kidder Peabody agreed to extend credit            
          to petitioner, enabling him to trade on margin.  Pursuant to a               
          “Customer’s Agreement”, petitioner agreed that Kidder Peabody                
          could hold the assets in his account as security for all                     
          liabilities that petitioner owed to Kidder Peabody.  Under the               
          agreement, Kidder Peabody had “the right at any time without                 
          notice to apply any cash or credits” in petitioner’s account “to             
          payment of any * * * debit balances or other obligations” of                 
          petitioner.                                                                  
               In 1986 or 1987, petitioner began to complain that Kidder               
          Peabody had engaged in unauthorized trades in his account.  On               
          March 20, 1987, George C. Cabell, vice president and associate               
          general counsel of Kidder Peabody, wrote to petitioner and                   
          explained:                                                                   
               What has occurred is that you have failed to respond to                 
               margin maintenance calls made in connection with                        
               positions in your account with the result that                          
               positions in the account had to be liquidated to                        
               satisfy the maintenance calls. * * *                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011