grasswhacker, except that in imsoweary's case, it is not a matter of trading. He requested a cert for his shares and the broker is unable to deliver. Megas has clearly stated that the broker can get the cert if he first sends them the old cert. They cannot do that because they do not have an old cert. Therefore they have a Failure To Deliver, not a trading issue. As a result, the brokerage has indeed damaged us.
With a notarized statement from Megas, his lawyer and the TA stating that a new cert will be issued if the broker sends the TA the old cert, then the broker has no case in arbitration. By law, they must have a cert to cover the IOU in our accounts.
The problem is imsoweary is almost as bad off financially as I am and I know he cannot afford a lawyer to pursue this further, unless someone is willing to back him in his efforts. I know he will pursue it to the ends of the earth if he has to. He is mad as a rabid bulldog.
