When Did Maxel Bud Silverberg Withdraw as Chair of the Arbitration Panel in my Case? Why Did Maxel Silverberg Withdraw as Chair of this FINRA Arbitration Panel? When Did Henry Simpson - Counsel for John Dwight Wanken - Know Max Silverberg Withdrew As Chair of the Arbitration Panel in this Case? When did FINRA Assign Maxel Silverberg to Another Case on Which Henry Simpson Was Serving as Counsel? Why Won't FINRA Investigate this? What is FINRA Covering Up?

By now you've read the stories about how a FINRA office altered documents requested by the SEC. That would be the same FINRA that says it can be trusted to handle the oversight and regulation of RIAs.

Which would also be the same FINRA that allowed wrongdoing in this arbitation, allowed an arbitrator with conflicts of interest, refused to remove an arbitrator with degrees from a diploma mill, allowed John Dwight Wanken to use documents I submitted to FINRA to try and take my children away in a groundless custodial suit for which he was sanctioned after it was dismissed, failed to manage the entire process from start to finish, allowed a third respondent to be added - despite the fact that I never added a third respondent - and never answered just *how* that third respondent was added, failed to communicate on multiple material issues, refused to follow its own code and appeared to be in cahoots with industry through the entire process.

I'll get into each of those in separate posts. For now, I want to talk about Maxel "Bud" Silverberg. And N. Henry Simpson III. And FINRA. And John Dwight Wanken.

First, I'll give you the backstory.

Maxel "Bud" Silverberg was appointed as the chair of the arbitration panel in the spring of 2009.

I found out after his appointment that he had personal and professional connections to N. Henry Simpson, counsel for John Dwight Wanken.

When I asked that Maxel Silverberg be removed based on a potential conflict of interest, FINRA refused to do so. It then failed to follow its own code. FINRA actually went to the Respondents and asked them what they thought FINRA should do about the potential conflict of interest between Henry Simpson and Bud Silverberg.

FINRA ultimately refused to remove Maxel Silverberg and he remained the chair of the panel.

We had multiple hearings in which Maxel Bud Silverberg participated as the chair of the panel.

And then, on September 24, 2009 -- about two weeks from the scheduled start of the FINRA arbitration hearing for this case against John Dwight Wanken and Raymond James Financial Services, Inc. -- I received an email from FINRA the day before an emergency hearing that Maxel Bud Silverberg had withdrawn as chair of the arbitration panel. FINRA informed me that a new chair had been appointed and attached his "credentials."

Letter Dated September 24, 2009 from FINRA Stating that Maxel "Bud" Silverberg Has Withdrawn As Chair of FI...

That emergency hearing had already been scheduled in response to a motion filed by N. Henry Simpson for John Dwight Wanken that was joined by Erin Linehan Reyes and Raymond James Financial Services, Inc. in an attempt to get an unconstitutional gag order and to prevent me from talking about the case.

I immediately responded and told FINRA that there was *NO* way we could have the emergency hearing with a brand new chair of the panel that nobody had time to review his credentials and approve him.

Challenge to FINRA Holding an Emergency Hearing Called by N. Henry Simpson III for his Client, John Dwight ...

FINRA refused to respond to me. FINRA would NOT respond to me on September 24, 2009. They still hadn't responded to me by 10:50 am September 25, 2009 -- 10 minutes from the time the call was supposed to start.

I sent multiple emails and finally sent this one to all FINRA parties, including Scott Carfello, the director of the Chicago FINRA office.

I Tell FINRA They Still Haven't Responded to my Request to Postpone Emergency Hearing After Abrupt Withdraw...

*This* was FINRA's response.

FINRA's Response to My Request that the Emergency Hearing be Postponed After Maxel Silverberg's Abrupt With...

The emergency hearing was still held. Malcolm Clarrissimeaux was allowed to serve as the chair. And he was allowed to issue a ruling, even after I informed FINRA that he held degrees from a diploma mill that was shut down by the FBI and investigated by the US Senate. I'll do a whole separate post on all of that. It's just too much to include in this discussion of how FINRA handled Maxel Silverberg's withdrawal -- and its refusal to answer simple questions about his withdrawal.

Here's Malcolm Clarrissimeaux's order. It was essentially written by John Dwight Wanken's lawyer, N. Henry Simpson. FINRA never reheard the motion, despite my repeated requests that FINRA rehear the motion after a new chair was appointed. That, of course, only happened after FINRA refused to remove Clarrissimeaux despite my repeated requests that it do so - and that FINRA conduct an investigation into why a FINRA arbitrator listed degrees from a diploma mill as his credentials for serving as a FINRA arbitrator. It took a Wall Street Journal reporter calling for a comment before FINRA would take any action.

September 28 2009 Order Issued by Malcolm Clarrissimeaux - Almost Entirely Written by John Dwight Wanken's ...

I immediately requested an explanation from FINRA regarding Maxel Silverberg's withdrawal as chair. I specifically asked when Maxel Silverberg withdrew, when all the parties learned of the withdrawal and what the reason was for the withdrawal. FINRA just refused to respond to me.

Investigation Requested of FINRA of Max Bud Silverberg's Abrupt Withdrawal from FINRA Claim 08-04793 Agains...

I asked FINRA again for an explanation - and asked FINRA to explain numerous irregularities and inconsistencies. Once again, FINRA just refused to respond to me and NEVER answered my questions.

Investigation AGAIN Requested of FINRA Regarding the Abrupt Withdrawal of Maxel Bud Silverberg as Chair of ...

Immediately after I sent this letter to FINRA, N. Henry Simpson, John Dwight Wanken's lawyer, sent me the following letter. As far as I know, this letter was *only* sent to me. It sounded like a threat AND appeared that he was speaking for FINRA and Raymond James Financial Services, Inc.

N. Henry Simpson, Counsel for Dwight Wanken of Beacon Financial Advisors, a Raymond James Financial Service...

I responded to N. Henry Simpson's letter and sent copies to all parties, including FINRA's Scott Carfello and Todd Saltzman. Once again -- NO SURPRISE -- FINRA just never responded to this email.

My Response to FINRA Regarding N. Henry Simpson, Counsel for John Dwight Wanken (Dwight Wanken) of Beacon F...

I asked the FINRA Ombudsman to investigate this issue, among several others.

The FINRA Ombudsman told me that she would not investigate the issue and that she was turning the file back over to the Chicago FINRA office for them to self-investigate.

More fox guarding the hen house, I suppose.

It is my understanding that FINRA never did investigate *ANY* of these issues.

Then again, it's not like anyone can find that out. Because you can't file a FOIA request with FINRA to get those types of documents, like you would be able to do with a REAL governmental agency.

A while ago -- well after my arbitration -- I was on the FINRA website and was curious to know if the arbitrators on my panel had served as arbitrators on any other panels since the arbitration.

I looked up Maxel Bud Silverberg.

I can't even tell you how SHOCKED I was when I saw he had served on a panel ONE MONTH after he abruptly withdrew from this panel.

I clicked on the award.

And then, my jaw just about hit the floor.

Because I saw that N. Henry Simpson served as attorney for the Claimant in a case that Maxel Bud Silverberg served as an arbitrator -- JUST ONE MONTH after he abruptly withdrew without any explanation from my panel.

Maxel Bud Silverberg Served on a Panel in Which N. Henry Simpson Served as Counsel for the Claimant ONE MON...

I have asked FINRA to investigate this. I have asked for an explanation.

I have gotten NOTHING.

FINRA Dispute Resolution refused to investigate it.

FINRA Ombudsman refuses to respond to me.

So, here are the questions I have.

1 - When was Maxel Bud Silverberg appointed to the Morgan Keegan arbitration? Was Maxel Bud Silverberg appointed to the Morgan Keegan case - with N. Henry Simpson as an attorney for Claimant - while he was still serving on my panel?

2 - If Maxel Bud Silverberg was appointed while he was still serving on my panel, why wasn't that disclosed to me?

3 - When did N. Henry Simpson know that Maxel Bud Silverberg had been appointed to the Morgan Keegan case?

4 - If Maxel Bud Silverberg was appointed to the Morgan Keegan case after he withdrew from my case, why did FINRA appoint him after he had just abruptly withdrawn from my panel? Why would they put him on another case - with the same attorney - when he abruptly, without any explanation withdrew from this case after serving as the chair for four months -- AND just a couple weeks before the arbitration was scheduled to be held? Why would Silverberg's name have even come up in the arbitrator rotation if he had just abruptly withdrawn from another case?

5 - There is no way that a judge or a professional arbitrator would get away with an abrupt withdrawal without ANY explanation weeks before the hearing was scheduled to begin. Why did FINRA allow Maxel Bud Silverberg to continue serving as an arbitrator after an abrupt withdrawal without any explanation?

6 - Why didn't FINRA tell me the reason for Maxel Bud Silverberg's withdrawal?

7 - I had challenged Maxel Bud Silverberg's role as the chair of the arbitration panel after learning of his personal and professional relationships with N. Henry Simpson, John Dwight Wanken's lawyer. It is very concerning that the arbitrator I challenged for conflicts of interest was allowed to remain as the chair of the panel -- only to abruptly withdraw without any explanation just weeks before the hearing was scheduled to begin. Again -- WHY did Silverberg withdraw? And why right before the arbitration?

8 - Why won't FINRA answer the questions about Maxel Bud Silverberg's withdrawal from my panel and appointment to the Morgan Keegan panel?

9 - Did Henry Simpson and Maxel Bud Silverberg disclose to the parties in the Morgan Keegan case a) their personal and professional relationships and b) that Maxel Bud Silverberg had been serving as a chair in a panel with Henry Simpson from which he had abruptly withdrawn?

10 - When did John Dwight Wanken, N. Henry Simpson, Erin Linehan-Reyes and Raymond James Financial Services, Inc. learn of Maxel Bud Silverberg's withdrawal?

11- Why did FINRA hold the emergency hearing - which Henry Simpson may have known well in advance that Maxel Bud Silverberg was going to withdraw and not serve as the chair of that emergency hearing - with Malcolm Clarrissimeaux after I questioned Maxel Bud Silverberg's abrupt withdrawal with no explanation, the appointment of Malcolm Clarrissimeaux without the review of his credentials and approval of his appointment by the parties and my repeated requests for explanations of the change in arbitrators and what Henry Simpson knew and when he knew it?

12 - Why won't FINRA investigate this?

13 - Why won't FINRA answer my most basic questions about this?

14 - How can we trust FINRA?

15 - Why should FINRA get *additional* responsibilities in supervising RIAs when it apparently -- if my case is any indication -- can't even handle the work it has now?

16 - When is Congress going to strip FINRA of its self-adjudicatory powers, take away FINRA's self-regulatory powers and acknowledge that it is essentially a self-funded trade association and should have absolutely NO regulatory or adjudicatory powers?

I've got some pretty interesting stuff coming up. I have well over 100 audio files that I am posting from the FINRA arbitration with testimony of John Dwight Wanken, N. Henry Simpson and Raymond James Financial Services, Inc. that completely contradict the testimony that John Dwight Wanken and N. Henry Simpson have since given to the Texas Workforce Commission and Internal Revenue Service AFTER the FINRA arbitration.

Which means, as I have alleged in my briefs, that John Dwight Wanken has either provided false testimony to the IRS and TWC or he has provided false testimony to FINRA and the Fifth Circuit Court of Appeals.

It also means that John Dwight Wanken's testimony to the IRS and TWC no longer matches his or Raymond James testimony at FINRA arbitration.

Which is kind of strange. Considering that their testimony matched *perfectly* at FINRA arbitration.

How did their testimony match *perfectly* -- down to little details about my job performance, problems that John Dwight Wanken testified he had with me - which Raymond James corroborated, the requirement that I work at the branch office - and John Dwight Wanken's and Raymond James' testimony that I was terminated because I didn't work at the branch office, their testimony about client production that matched perfectly at FINRA arbitration - but now doesn't match John Dwight Wanken's testimony to the IRS and TWC?

I have TONS of these examples.

It might make one ask if John Dwight Wanken, N. Henry Simpson III, Erin Linehan Reyes, Kirk Bell and Raymond James Financial Services, Inc. colluded and conspired to submit perjured testimony, if the attorneys suborned perjury, if they procured the award by fraud, if they knowingly and intentionally submitted perjured testimony and if the lawyers committed fraud on the court.

That is what has been alleged at district court and to the Fifth Circuit Court of Appeals. Those are the questions being asked.

I mean, it really is awfully strange that their testimonies matched perfectly at FINRA on numerous minute and incredibly specific details. And yet now John Dwight Wanken's testimony to the IRS and TWC completely contradicts the detailed testimony that he and Raymond James gave at FINRA arbitration.

How would their testimony have matched perfectly at FINRA arbitration on every single issue - and now nobody's FINRA testimony matches John Dwight Wanken's TWC and IRS testimony?

Those are just some of the questions that are being asked. And which need to be answered.

I have a lot more.

I have a feeling by the end of this, a few folks may be black-flagged.

I'll get those audio files up for you.

A whole lot to update you on John Dwight Wanken and Beacon Financial Advisors.

And some updates on Maggie Gingrich Gallas, Kayla Katherine Kennedy Gingrich Burds Wanken, Claudia King and Philip Jordan John. And I still have to get to that State Bar of Texas update.

Busy, busy, busy.

"A false witness will perish,
But the man who listens to the truth will speak forever.
A wicked man displays a bold face,
But as for the upright, he makes his way sure.
There is no wisdom and no understanding
And no counsel against the LORD.
The horse is prepared for the day of battle,
But victory belongs to the LORD." Proverbs 21:28-31

Ah - I also have some more updates about Raymond James Financial Services, Inc.

And, not surprisingly, A LOT more FINRA to catch you up on.

And some information about a little lobbying campaign.

Plenty of stuff.



The LORD is my light and my salvation—
whom shall I fear?
The LORD is the stronghold of my life—
of whom shall I be afraid?

Psalm 27:1