| | Good Morning, Ms. Butterfield:
I have not received a reply from you or Richard F. to my email
(copy below) of last Wednesday night (Thursday morning), nor have I been able to access my account.
As the price of my SDS shares touched over $128 per share in value recently; who will be reimbursing me for the difference of that price (as I was unable to access my account) and the TD AMERITRADE Broker Assisted Sale price, as directed by Eric William Swanson? My 50 shares of SDS would have been at peak value of $6,400. Yes, that is considerably more than the approximately $3,900 which Eric and TD AMERITRADE completed an unauthorized trade on or about September 16, 2008, without my knowledge or consent. Who's on the hook for the additional cash owed to me?
I take a dim view of my numerous requests for information about the methods and means of who did what in my account continuing to be ignored.
As a listed party of this account, I believe that I am entitled to hear the audio recording of the conversations between the TD AMERITRADE reps and Eric William Swanson. It appears that there would be at least three (3) audio tapes; one for the Customer Service initial contact, one for the Broker Assisted Trade, and one for the Divorce Department conversation which directed him to prepare a notarized statement requesting that the account be closed. All that fluff, when he later explained to me that he only wanted to have his name removed from the account! Of course, he could be lying to me, and those tapes will provide the necessary information. I wouldn't want to point the finger of blame at the wrong person.
As I prepare my paperwork for a legal action on this matter, I want to be certain to include only the names of the person or persons who actually were involved. I'm certain that TD AMERITRADE would prefer not to be involved in any legal actions. Please provide me with the account history, all audio recordings, phone logs, and reset my password as I have requested, then I shall review the materials and make an informed decision.
Looking forward to your prompt reply, and being able to access my account.
Sincerely,
Paula M. Rose
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--- On Thu, 10/9/08, Paula Rose <paularoseimages@yahoo.com> wrote:
From: Paula Rose <paularoseimages@yahoo.com>
Subject: Re: Divorce Resolution Rose/Swanson (KMM59274681I97L0KM)
To: "TD AMERITRADE Client Services" <clientservices@tdameritrade.com>
Date: Thursday, October 9, 2008, 12:01 AM
Hello Ms. Butterfield,
Below is an email that I sent to Richard F. of TD Ameritrade, which has many questions that I would like answered.
Eric William Swanson, the former co owner of this account, apparently had a discussion with someone in the Divorce Department, as he mailed me a notarized statement with some wording similar to what you have instructed below. However, his written statement calls for the entire
balance to be paid to me, with the account to closed.
Please send me a copy of the Audio Recording between Eric William Swanson and the Customer Service Rep in the Divorce Department. This all seems to be too much paperwork when he told me that his reason for contacting TD Ameritrade was to have his name removed
from what is now my solely owned account. Why didn't someone send him the iorrect form, and leave the account intact?
I had 50 shares of ProShares Ultra Short S&P 500 ETF (Ticker SDS) which I
want reinstated at the price of $71.56 that I had originally purchased them.
As today's closing price for ETF SDS is $97.21, my current balance should be approximately $4,860.50, which is considerably more than the $3,900 or so that Eric told me was the balance after he inappropriately authorized the sale of my shares.
Please state whether or not Ameritrade will be restoring my account as to what it was originally, before Eric William Swanson accessed and through the assistance of TD Ameritrade personnel, made an unauthorized trade in my account.
As I expect this financial slide to continue, I expect that my 50 shares of SDS will ontinue to increase in value, as should my balance. Please immediately reinstate my shares, and reset my password to what I had it set as, so that I may access my account by Thursday afternoon.
Feel free to contact Eric William Swanson, and ask him to verify the information I have given you. I expect that my account should be exactly as I left it, and I shouldn't be penalized by the actions of others.
Sincerely,
Paula M. Rose.
| | |
--- On Tue, 10/7/08, Paula Rose <paularoseimages@yahoo.com> wrote:
From: Paula Rose <paularoseimages@yahoo.com>
Subject: Re: Re: TD AMERITRADE (KMM58626648I97L0KM)
To: clientservices@tdameritrade.com
Date: Tuesday, October 7, 2008, 2:10 PM
Hello Richard,
For ease of tracking, I have included my original email to Snike below, and highlighted your comments on it in BLUE.
My responses to your statements and questions will appear in BLACK, immediately following each point.
Please retain all of this material in your reply email to me, for the convenience of all. The apparent policy of deleting the customers' email prior to replying is unsatisfactory, and leaves too much room for misinterpretation of the original content, or important questions to be left unanswered.
You'll need to overlook the formatting problems which appear in the older emails. It's an occasional malfunction which appears from time to time in Yahoo.
--- On Mon, 9/22/08, Paula Rose <paularoseimages@yahoo.com> wrote:
From: Paula Rose <paularoseimages@yahoo.com>
Subject: Re: A change to your account ending in 6661 (KMM58410019I97L0KM)
To: "TD AMERITRADE Client Services" <clientservices@tdameritrade.com>
Date: Monday, September 22, 2008, 3:55 PM
Hello Snike,
Let's begin again with:
1. My name is Paula Marie Rose, as it is listed on my account. I have never had the last name of Swanson, so perhaps you were writing to someone else?
2. Please send me the previously requested Affidavit of Fraud, the recorded conversation between Eric William Swanson, and the proper form for removal of Eric's name from my account.
3. Eric Swanson knew that he had no right to be accessing in my account, even if TD Ameritrade was not informed of that fact. He is at fault, and was willingly violating our Property Settlement Agreement by making unauthorized changes and trades in my account.
4. Please reset the password to what I had been using prior to Eric William Swanson's changing it to another.
5. Who authorized a hold on my account, and for what reason?
6. What is the current value of my account? Also please email me the current statement and account summary to this email and my file email of starpmr@yahoo.com.
Looking forward to your cooperation.
Sincerely,
Paula M. Rose
--- On Mon, 9/22/08, TD AMERITRADE Client Services\ <clientservices@tdameritrade.com> wrote:
From: TD AMERITRADE Client Services <clientservices@tdameritrade.com>
Subject: Re: A change to your account ending in 6661 (KMM58410019I97L0KM)
To: "Paula Rose" <paularoseimages@yahoo.com>
Date: Monday, September 22, 2008, 2:16 PM
Ms. Swanson,
According to the law, in the absence of documentation barring Mr. Swanson from
your joint account, He is still party to the account. Co-holders to an account
are allowed to do whatever they want with (including withdrawals, changing
passwords, closing the account) without the consulting the other party. The
currently a restriction on the account not to remove any funds by either party.
Please a copy of the divorce decree fax to 816-243-3769 or mail to P.O. Box 2209 Omaha, NE 68103 and we will help you to resolve this issue.
Call 800-669-3900 for any further assistance.
Have a great day.
Sike N.
Client Services, TD AMERITRADE
Division of TD AMERITRADE, Inc.
Original Message
Excluded:
-------------------------
--- On Tue, 10/7/08, Paula Rose <paularoseimages@yahoo.com> wrote:
From: Paula Rose <paularoseimages@yahoo.com>
Subject: Fw: Re: TD AMERITRADE (KMM58626648I97L0KM)
To: "Paula" <starpmr@yahoo.com>, "Paula" <frozenfiefdom@yahoo.com>
Date: Tuesday, October 7, 2008, 2:26 AM
--- On Fri, 9/26/08, TD AMERITRADE Client Services
<clientservices@tdameritrade.com> wrote:
From: TD AMERITRADE Client Services <clientservices@tdameritrade.com>
Subject: Re: TD AMERITRADE (KMM58626648I97L0KM)
To: "Paula Rose" <paularoseimages@yahoo.com>
Date: Friday, September 26, 2008, 3:42 PM
Dear Ms.Rose,
To go back to the e-mail reply to Sike. You asked several questions so
let's start this again.
1. You asked if there was a chance the reply was meant for someone else.
There are times where a representative will inadvertently use the wrong last
name. I am not saying this is correct in anyway. You have my sincere apology
for this. The e-mail was a reply to
you.
2. & 3. You have asked us to send you an Affidavit
of
Fraud. We will not
be sending you this form as no fraud has occurred because Mr. Swanson had proper
authorization to conduct transactions in the account. We should have been
notified in 2006 about your divorce proceedings or even after the fact, we
should
have
been served with a
copy
of the divorce decree so we could have
properly adjusted the account to avoid the situation we are in currently. We
cannot speculate why Mr. Swanson would have conducted transactions in the
account if he knew he wasn't authorized to do so by the court.
Fraudulent activity has occurred within my account, as Eric William Swanson was
not legally entitled to access it. TD Ameritrade might not have been
aware of the fact that Eric and I are divorced, and that I am the sole
owner of the Joint account, but he was. The Affidavit of Fraud was for my use,
and not for
use
against
TD
Ameritrade, at this time.
I left Eric William Swanson's name on my account, so that he would have immediate
access to it, on the off chance that I dropped dead. I see that my goodwill and
logical approach to eliminating what should have been unnecessary paperwork, has backfired,
and I am now unable to access my own account due to the actions of others.
Eric said to me via a telephone conversation that he and I had, his reason
for
accessing and
making
changes
within my
account were
to
facilitate having his name removed from that
account, which is listed Jointly.
Why didn't TD Ameritrade offer to send him the proper form?
It isn't necessary to close an account to have a name removed.
I'm sure that the recording will provide answers.
When will I receive the audio recording of the conversation between Eric William Swanson and TD Ameritrade?
I'm most curious to hear how he justified accessing my account. As you have stated, it is listed as a Joint
Account, so I
believe that I am entitled to all
information,
statements,
summaries, recordings,
transactions, and history
of
it.
I am also your
customer, so please provide me with the requested information immediately.
4. & 6. For security of the account, we do not give or change login
credentials nor other account specific information via unsecured e-mail. We
have asked you to call in so we may properly verify you to reset the password
and make
sure you have the
correct
userid. I know
it is kind of a
'catch
22' but in
order to help
you and maintain the
integrity of the
account security we need to speak with you. You said you only have a cell phone. Are
there any other phones around you that are not cellular in nature you may use to
ease your concern of people evesdropping on the conversation?
Based on your words, it appears that the "security" of my account isn't
really of much concern to
you,
Richard. Rather, clarification of
ownership seems to be your
assignment.
I'm not concerned about "people evesdropping" on any of my conversations,
it's good practice to not broadcast one's personal information and account numbers over
cellular or cordless phones.
And as I have a look around, no hardwired landline is within my view.
And please provide me with the telephone number that Eric used to phone
TD
Ameritrade to access this account.
I
assume that he would have used his
cellular phone,
because it wouldn't have been appropriate for
him to be using his employer's telephone,
or to conduct personal business on company time. If so, I can conclude that my personal
information was also requested, relayed, and sent out into the airwaves for all to catch on the fly.
As he had never before accessed that account, to my knowledge, nor had no information other than what
is on a statement, and had no idea how to place a trade in it; I'm fairly
confident that it must have been
a very thorough Q and A session that
took place without the benefit of my
privacy
being a top priority.
Of course, I could be off base with that assumption, so the Audio Recording that TD AMERITRADE has on file
will clear up any questions or concerns that I have about my privacy being violated.
5. The
restrictions were added to the account
to protect the assets in the
account due to the fact you are disputing the transactions and stating that Mr.
Swanson shouldn't have
access to the account. Until we can
get this
situation cleared up,
these
restrictions will remain in
place.
At this time, this account is a Joint account. If you have supporting
documentation to prove it belongs only to
you, please provide those documents.
Yes, Richard, I am the one disputing the unauthorized transactions. TD Ameritrade
could have simply phoned Eric William Swanson at the number he phoned you
from
to conduct this activity, and
asked him to provide the documentation, to save us all
oodles of
time. As he was the person with
the
last hand in the wallet, so to speak, it
would be logical to
question the person who did the transactions which are now in dispute.
Attached are three (3) pages of the Property Settlement Agreement pertaining to the
Dissolution of Marriage between Eric William Swanson and me, Paula Marie Rose.
On page two (2) under item six (6.) in the second paragraph is the statement,
"In addition Wife will receive jointly held stocks
valued at
approximately
$7,000." That is the
line
which gives me
full ownership of our jointly
held accounts,
which
does include the TD Ameritrade account.
Obviously, I have blacked out certain items on the pages I have attached,
as the information you need is clearly stated, and the rest isn't necessary
for you to have. The complete Property Settlement Agreement is on file
at the Alaska Court System, with the case
number which appears on the
first page of my attachment.
Please reset my password to
what
it I had it listed as, prior to the changes made by
Eric William Swanson on approximately September 16, 2008, so that I
may access and review my account.
I look forward to reading your reply, and hearing the Audio Recording
of the recent account activity which was transacted within my account.
Sincerely,
Paula M. Rose
Sincerely,
Richard F.
Client
Services,
TD
AMERITRADE
Division of TD AMERITRADE, Inc.
Original Message
Excluded:
-------------------------
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--- On Wed, 10/8/08, TD AMERITRADE Client Services <clientservices@tdameritrade.com> wrote: From: TD AMERITRADE Client Services <clientservices@tdameritrade.com>
Subject: Re: Divorce Resolution Rose/Swanson (KMM59274681I97L0KM)
To: "Paula Rose" <paularoseimages@yahoo.com>
Date: Wednesday, October 8, 2008, 4:32 PM
Dear Ms. Rose,
To process your request, please send us:
- A copy of the certified divorce decree that specifically states to remove
Eric William Swanson as a co holder.
or
- A Signature Guaranteed Letter of Instruction signed by both parties. BOTH
signatures must have a separate signature guarantee stamp. This letter needs to
include instructions to remove Eric William Swanson and to remove the No Funds
out and the
No
Trades
Restrictions.
I apologize that this has not been taken care of previously as it has just been
brought to my attention as a Divorce Specialist at TD Ameritrade.
Please return this to my attention at:
TD AMERITRADE
PO Box 2760
Omaha, NE 68103-2760
If you have any questions:
Please do not hesitate to call our Divorce Department directly at 800-858-0387,
ext. 4491, Monday through Friday, 8 a.m. to 4 p.m. CT (excluding market
holidays).
Sincerely,
Charlotte Butterfield
Divorce Department
TD AMERITRADE
TD AMERITRADE understands the importance of protecting
your privacy. We are
sending you this notification to inform you of important information regarding
your account. If you've elected to opt out of receiving marketing
communications from us, we will honor your request.
TD AMERITRADE, Division
of
TD AMERITRADE,
Inc.,
member
FINRA/SIPC
(www.sipc.org). TD AMERITRADE is a trademark jointly owned by TD AMERITRADE IP
Company, Inc. and The Toronto-Dominion Bank. Copyright 2006 TD AMERITRADE IP
Company, Inc. All rights reserved. Used with permission.
Distributed by: TD AMERITRADE, Inc., 1005 North Ameritrade Place, Bellevue, NE
68005
TDA 4950 E-M 04/06
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