Schwab, RIA Let Client's Family Drain Retirement Portfolio, Lawsuit Alleges

News January 02, 2025 at 04:32 PM
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What You Need To Know

  • The suit alleges a son with power of attorney made big withdrawals.
  • Schwab and Hamilton were negligent, the complaint alleges.
  • Hamilton says the claim against it has no merit.
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A Seattle man has accused Charles Schwab & Co. and Hamilton Capital Management with negligence, alleging they failed to protect his late father’s retirement portfolio from being depleted.

Daniel J. Means, in a complaint filed against Schwab and Hamilton Capital on Monday, contends the firms consummated numerous large outbound transfers of funds that landed with family members, including the plaintiff’s brother and the brother’s son, who at the time was an associate financial advisor with Hamilton.

Means sued the firms in U.S. District Court in Ohio’s Southern District over “multiple acts of violations and failure to act to protect” Johnston H. Means “from elder financial abuse, specifically facilitating the depletion and elimination” of the father’s retirement portfolio.

The $1.8 million initially invested was depleted when Johnston Means died at 93 in 2021, and the account also failed to realize a $700,000 investment increase, according to the lawsuit, which says Means and his brother were each designated as 50% portfolio beneficiaries.

Plaintiff Means alleges his brother, who had power of attorney on behalf of their father, repeatedly told the investment firms “that massive and repeated withdrawals” from the retirement portfolio were loans that he would repay, but never did. No family members were named as defendants in the case.

At one point, an HCM employee asked an advisor at the firm whether the frequent withdrawal requests should raise concerns, according to the lawsuit, which claims the companies breached their duty of care to Johnston Means and plaintiff Means.

“At no time did Defendants inquire with Johnston Means about the total depletion of his Retirement Portfolio which was in direct contravention with Johnston’s established investment objectives with Defendants,” the lawsuit states.

The lawsuit also contends the brother and the brother’s son, at the time an HCM associate financial advisor, were the only people present with Johnston Means at an October 2017 initial client meeting with HCM to establish the portfolio.

A Hamilton representative told ThinkAdvisor by email Tuesday: “Hamilton Capital is aware of the lawsuit. Hamilton Capital has thoroughly investigated the factual circumstances surrounding the claim and has concluded that the claim is without merit. The allegations set forth in the Complaint are merely that — allegations — and Hamilton Capital looks forward to presenting all its factual and legal defenses to the claim as the case moves forward.”

A Schwab spokesperson said Tuesday that the firm had not had a chance to review the complaint.

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