US claim – Starostenko against UBS AG

Dear friends and supporters,

In March 2019, we discovered and obtained unrefutable proof that UBS Bahamas and UBS AG had never executed or even placed the trades we had instructed them to execute on the. New York Stock Exchange(NYSE) and Nasdaq. Furthermore, not only had they not executed our direct instructions but also then informed us that they had done so. In plain English, this is called lying. According to the laws of every judicial system, this is purely and simply the definition of fraud. The actions of UBS Bahamas and UBS AG are explicitly prohibited in the Securities Exchange Act 1934 Section 10(b). Rule 10b-5, which makes it “unlawful for any person, directly or indirectly,” “in connection with the purchase or sale of any security,” to (1) “employ any device, scheme, or artifice to defraud,” (2) “make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made … not misleading,” or (3) “engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.”   Based on which we filed a complaint in the Southern District Court of New York case 1:19-cv-09993-kpf

Here we will soon publish all the documents which are in our file. In the meantime you can access it by creating account and typing our case number here https://pacer.uscourts.gov/ It would have costs, sorry.


We will continue to update as the case is ongoing. We are now producing a reply to UBS AG’s attempt to dismiss our action. It seems that they have no other defense, but technical points only and no evidence. The Judge has dismissed our request to UBS AG  to produce time and sells reports of our trades on NYSE, wthich would put an end to the case if the bank would not be able to do so.  

It was for a long time one illegal source of certain Suisse banks, and even a handful of Wall Street brokers –  to keep client’s orders on their desks while making them believe that it was executed on US Exchanges. Statistically 90% of amateur investors are losing ; these so-called losses would be a profit for them. Needless to say how it is damaging not just for the investor who believed that his trade was placed, but for the whole market. 

Unfortunately, the simplicity of what has occurred has been complicated by unlawful actions and extraordinary legal pressure. We suspect that this had been the original plan of UBS, who had hoped and counted on bullying two individual investors with limited command of English or knowledge of the legal and financial system , to give up in thier fight for best executions of trades, and a we know now executions at all. When you are being robbed at “gunpoint” you are not supposed to protest, refuse, or take any other action to defend your rights and assets, you simply accept. That is what UBS and credit Suisse (both are raooresented by the sae lawfirm in the Bahamas) thought and believes.

We do not agree. As a result of this pressure and our resistance, UBS (and probably, soon, Credit Suisse) admitted in the Court that they commited a fraud, acknowledging that they have not a shed of evidence that even one of our 204 orders ever reached the NYSE or NASDAQ. 

Yes, this could result in uncovering potentially one of the biggest frauds in the financial industry. 
We are working hard and preparing to file the same claim against Credits Suisse and BNP Paribas too.

In the meantime, please, write to us, share your thoughts and suggestions. If you know a courageous lawyer who can step in with us on a contingency base, please recommend them and put us in touch. Thank you for any support you may give!


Yours sincerely,
Irina

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