UBS Sued for Alleged Failure to Supervise Fraud

Posted on May 29th, 2020 at 11:40 AM
UBS Sued for Alleged Failure to Supervise Fraud

From the Desk of Jim Eccleston at Eccleston Law LLC:

UBS has been sued by two theater production companies, Player to be Named Later and Smokey Joe’s Café Broadway Revival, which alleged that the bank’s negligence allowed the theater companies to be defrauded.  According to the Complaint filed in federal court, UBS breached its fiduciary duty and was guilty of negligent supervision. 

According to the theater production companies, they entered into funding agreements with Benjamin McConley, principal of Forrest Capital Partners, and Jason Van Eman, principal of Weathervane Productions, for the purpose of funding two new theater productions.  The Complaint alleges that the production companies contributed a total of $3.5 million, and McConley and Eman were supposed to also contribute $3.5 million. Although the terms of the funding agreements allegedly stipulated that the funds were to be used only to fund the production of the plays, the Complaint alleges that McConley and Eman misappropriated the funds for their own use. McConley and Eman later were charged with defrauding investors by federal prosecutors. 

The accounts at issue were held at UBS. According to the production companies, UBS should have detected the fraud in the accounts, and McConley and Eman’s backgrounds should have raised red flags at UBS when the accounts were opened. The production companies further allege that they trusted UBS to help safeguard the accounts, and that their repeated attempts to contact UBS employees about the status of their accounts were unsuccessful. 

The production companies are seeking at least $3.5 million in compensatory damages from UBS.

The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities FraudCompliance ProtectionBreach of Fiduciary DutyFINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Related Attorneys: James J. Eccleston

Tags: eccleston, eccleston law, ubs, fraud, failure to supervise

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