1. Award
FINRA Dispute Resolution
In the Matter of the Arbitration Between:
Claimant
Bruce Lanzetta
Case Number: 13-02396
vs.
Respondents
Lawrence Allen Banks
Anastasios P. Belesis
George Belesis
Joseph Louis Castellano
Gregory Flemming
John Thomas Financial
Hearing Site: Philadelphia, Pennsylvania
______________________________________________________________________
Nature of the Dispute: Customer vs. Member and Associated Persons
REPRESENTATION OF PARTIES
For Claimant Bruce Lanzetta: Kristian P. Kraszewski, Esq., Kyros Law Offices, Naples,
Florida.
For Respondents George Belesis, Joseph Louis Castellano, and John Thomas
Financial: Dan Druz, Esq., Belmar, New Jersey.
Respondent Anastasios P. Belesis appeared pro se.
Respondent Lawrence Allen Banks did not enter an appearance.
Respondent Gregory Flemming did not enter an appearance.
CASE INFORMATION
Statement of Claim filed on or about: August 1, 2013.
Claimant signed the Submission Agreement: August 1, 2013.
Statement of Answer filed jointly by Respondents Anastasios P. Belesis, George
Belesis, and John Thomas Financial on or about: November 18, 2013.
Anastasios P. Belesis signed the Submission Agreement: November 21, 2013.
George Belesis signed the Submission Agreement: November 20, 2013
John Thomas Financial signed the Submission Agreement: November 21, 2013.
2. FINRA Dispute Resolution
Arbitration No. 13-02396
Award Page 2 of 4
Lawrence Allen Banks did not submit a Statement of Answer or sign the Submission
Agreement.
Joseph Louis Castellano did not submit a Statement of Answer or sign the Submission
Agreement.
Gregory Flemming did not submit a Statement of Answer or sign the Submission
Agreement.
CASE SUMMARY
Claimant asserted the following causes of action: breach of fiduciary duty, negligence,
negligent supervision, negligent misrepresentation, and control person liability.
The causes of action relate to the securities in the America West and Amber Ready
private placements.
Unless specifically admitted in their Answer, Respondents Anastasios P. Belesis, George
Belesis, and John Thomas Financial denied the allegations made in the Statement of
Claim and asserted various affirmative defenses.
RELIEF REQUESTED
In the Statement of Claim, Claimant requested compensatory damages in the amount of
$100,000.00, punitive damages, interest, attorneys’ fees, costs, and such other and
further relief as deemed just and proper.
Respondents Anastasios P. Belesis, George Belesis, and John Thomas Financial
requested that Claimant’s claim be denied in its entirety.
OTHER ISSUES CONSIDERED AND DECIDED
The Arbitrators acknowledge that they have each read the pleadings and other
materials filed by the parties.
On April 8, 2016, Claimant notified FINRA Dispute Resolution that this matter was
settled against Respondents John Thomas Financial and Anastasios P. Belesis. In
addition, Claimant notified FINRA Dispute Resolution that his claims against
Respondents George Belesis and Joseph Louis Castellano were withdrawn.
3. FINRA Dispute Resolution
Arbitration No. 13-02396
Award Page 3 of 4
By letter dated April 12, 2016, Claimant opted to proceed against Respondents Gregory
Flemming and Lawrence Allen Banks pursuant to default procedures of Rule 12801 of
the Code of Arbitration Procedure (“Code”). The Arbitrator determined that
Respondents Gregory Flemming and Lawrence Allen Banks were properly served
notice of the Statement of Claim and Notification of Arbitrator by regular mail, and
Overdue Notice by certified mail, and that Respondents Gregory Flemming and
Lawrence Allen Banks are required to submit to arbitration pursuant to the Code and
are bound by the determination of the Arbitrator on all issues submitted. By Order dated
April 29, 2016, the Arbitrator granted Claimant’s Motion to Bar and for Default
Proceedings.
AWARD
The Arbitrator has decided and determined in full and final resolution of the issues
submitted for determination as follows:
1. Respondents Gregory Flemming and Lawrence Allen Banks are jointly and severally
liable for breach of fiduciary duty, negligence, and negligent misrepresentation,
negligent supervision, and control person liability and shall pay to Claimant
compensatory damages in the amount of $10,000.00.
2. Respondents Gregory Flemming and Lawrence Allen Banks are jointly and severally
liable for and shall pay to Claimant $225.00 to reimburse Claimant for the non-
refundable portion of the filing fee previously paid to FINRA Dispute Resolution.
3. Respondents Gregory Flemming and Lawrence Allen Banks are jointly and severally
liable for and shall reimburse Claimant for the $300.00 paper decision fee.
4. Any and all relief not specifically addressed herein, including punitive damages, is
denied.
FEES
FINRA Dispute Resolution has assessed Respondent John Thomas Financial the
$1,100.00 Member Surcharge and the $750.00 Member Pre-Hearing Processing Fee.
FINRA Dispute Resolution shall retain the $225.00 non-refundable portion of the filing
fee that Claimant previously deposited.
The $300.00 paper decision fee has been paid by the Claimant. As is reflected in the
Award section above, Respondent is liable for and shall reimburse Claimant for the
$300.00 paper decision fee.
All balances are payable to FINRA Dispute Resolution and are due upon receipt.