Don't Trust Your Life Savings To: Merrill Lynch Bob Powers Gene Randall Rhoades Marsha Adkins   Merrill Lynch Drops Financial Plan Quota "That's no joke," says a former Merrill branch manager about doing plans for dead people. http://registeredrep.com/mag/finance_merrill_lynch_drops/   Merrill Admits To Wrong Kind Of Bull Apirl 26, 2002 Merrill Lynch Apology Merrill Lynch CEO David Komansky (Photo: CBS/AP) "It simply cannot be said that this was the result of a rogue analyst or two. This was the way things worked at Merrill Lynch." New York Attorney General Eliot Spitzer (CBS) Wall Street's biggest brokerage firm said it was sorry, reports CBS News Correspondent Anthony Mason. "I want...to publicly apologize to our clients, our shareholders, and our employees," said Merrill Lynch & Co. Chief Executive David Komansky, publicly apologizing Friday for the company falling short of its professional standards in research.                 http://www.cbsnews.com/stories/2002/04/25/eveningnews/main507282.shtml  ___________________________________________________________________________________________   Greed, Fraud, And Apologies: Corporate America's New Bottom Line   http://www.ariannaonline.com/columns/column.php?id=101      ___________________________________________________________________________________________     SEC Charges Merrill Lynch, Four Merrill Lynch Executives with Aiding and Abetting Enron Accounting Fraud     http://www.sec.gov/news/press/2003-32.htm               ___________________________________________________________________________________________   US: Merrill Lynch Ordered To Pay For Sexual Bias     http://www.corpwatch.org/article.php?id=10669     ___________________________________________________________________________________________   Delray Beach woman testifies today against Merrill Lynch Elaine Marcus is seeking $5 million in arbitration for alleged sex discrimination   http://www.bocaratonnews.com/index.php?src=news&category=Local%20News&prid=11106   ___________________________________________________________________________________________   Mighty Merrill Lynch bogs down in legal troubles   "Both O'Neal and Komansky should do the honorable thing and resign," says Larry Kudlow, a veteran Wall Street economist and co-host of CNBC show Kudlow & Cramer. "They should take responsibility for what has happened on their watch rather than making scapegoats of a few investment bankers. The fish rots from the head down."                     http://www.rgm.com/articles/merrillbogsdown.html ________________________________________________________________ Punish Merrill's Bosses Based on a recent NASD disciplinary case, Merrill Lynch's David Komansky and Stan O'Neal could be fined tens of thousands and could face suspensions of up to seven months each. Merrill's research department could be closed for six months. http://www.findarticles.com/p/articles/mi_m0LFU/is_2002_July_1/ai_89650562 __________________________________________________________________________________________________________ IRS and Merrill Lynch Settle on Tax Shelter Dispute In agreeing to the first-of-its-kind settlement, Merrill avoids possible civil sanctions.  http://www.cfo.com/article.cfm/3000533?f=archives  _________________________________________________________________________________________________________ Merrill Lynch Fined for Fund Violations http://abcnews.go.com/Business/wireStory?id=563939&CMP=OTC-RSSFeeds0312 _________________________________________________________________________________________________________ Merrill Lynch Fraud Lawsuit http://www.stockfraudnewswire.com/merrilllynch/lawsuit_filing.html _________________________________________________________________________________________________________ Investment Fraud West Virginia If you're looking for investment fraud lawyers, rely on an experienced securities litigation attorney http://www.zamansky.com/investment-fraud-west-virginia.html _________________________________________________________________________________________________________ WHERE THE WOMEN AT ? Stephanie Villalba is a high-ranking Merrill Lynch executive, but on a recent business trip, she found herself in a more humble position. http://registeredrep.com/mag/finance_women/ _________________________________________________________________________________________________________ Merrill Lynch Women Fight for Equal Treatment - women sues Merrill Lynch and Company Inc. for sex discrimination - Brief Article http://www.findarticles.com/p/articles/mi_m1295/is_9_63/ai_55671578 _________________________________________________________________________________________________________ Merrill Lynch to Pay $10 Million in New Jersey Settlement http://www.consumeraffairs.com/news04/2005/nj_merrill.html _________________________________________________________________________________________________________ A Tale of a Broker, His Clients And the End of the Bubble Era http://www.brokeragefraud.com/wsj.htm _______________________________________________________________________________________________________ Merrill Lynch Drops Financial Plan Quota The planning dictate led many brokers to do multiple plans on any willing                                         (and some say unwilling) client, family member--and even on the deceased. "That's no joke," says a former Merrill branch manager about doing plans for dead people. http://registeredrep.com/mag/finance_merrill_lynch_drops/ _______________________________________________________________________________________________________ MORE THAN 900 JOIN CLASS-ACTION SETTLEMENT AGAINST MERRILL LYNCH NEW YORK More than 900 women filed discrimination complaints against Merrill Lynch and Co. last week, meeting the deadline to join in the company's 1998 settlement of a class-action lawsuit alleging unfair treatment of its female brokers. http://www.globalethics.org/newsline/members/issue.tmpl?articleid=03200021051075 ________________________________________________________________________________________________________ NASD Arbitrators Sanction Merrill Lynch for Non-Compliance in Case Involving Analysts' Misconduct -- MER http://biz.yahoo.com/pz/040512/57455.html _________________________________________________________________________________________________________ Merrill Lynch hit by new discrimination claim 18 Jun 2004   Merrill Lynch is facing a new claim for sex discrimination, victimisation and constructive dismissal, according to a report in The Times. http://www.management-issues.com/display_page.asp?section=blog&id=1349 _______________________________________________________________________________ Its getting worse for Merrill Lynch 28 Jun 2004 | Management Issues News The media seems to have its knives out for US investment bank Merrill Lynch as it defends the largest sex discrimination claim ever brought in the UK. Now the Sunday Times reports that the bank has defended twice as many allegations of sex discrimination in the UK as any of its rivals in the past five years. Most, it claims, were settled most out of court, imposing strict confidentiality clauses to prevent the grievances becoming public. Female executives described a male-dominated work environment where women fail to reach the highest positions and are forced to tolerate sexist language or be excluded. One senior woman, who left the US-based investment bank last year, said: “Sexist remarks were made routinely. The men would misunderstand you on purpose and give your words an innuendo. That was just the way people talked to each other. I have never come across it to that extent anywhere other than Merrill Lynch.” http://www.management-issues.com/display_page.asp?section=blog&id=1370# Sunday Times | The bank that gives women a hard time ----------------------------------------- The bank that gives women a hard time FEMALE executives at Merrill Lynch say they have to endure a macho culture “contaminated” by schoolboy humour and sexual gibes. One senior woman, who left the US-based investment bank last year, said: “Sexist remarks were made routinely. The men would misunderstand you on purpose and give your words an innuendo. That was just the way people talked to each other. I have never come across it to that extent anywhere other than Merrill Lynch.” An executive who brought a sex discrimination claim against the bank in 2001 said: “It is a very tough culture. It is an aggressive, cold and results-oriented organisation. It was exceptionally difficult for women. The women still working at Merrill Lynch are terrified to talk about it.” http://www.timesonline.co.uk/article/0,,2-1158112,00.html ---------------------------------------------------------       May 24, 2004 Merrill Lynch Donates Over 12m to Bush Wall Street has stepped up to the plate in support of Bush, and Bush has sponsored legislation producing billions of dollars in revenue on Wall Street. http://www.the-hamster.com/mtype/archives/2004/05/merrill_lynch_d.html ----------------------------------------------------------------------------- Banking on Elections What do banks and their brethren want for the cash? According to an August 2003 Public Citizen report entitled Bullish on Bush, E. Stanley O'Neal, CEO and chairman of Merrill Lynch, James Cayne, CEO of Bear and Stearns, and Thomas A. Renyi, CEO of the Bank of New York, saved a total of $1.9 million on their personal income taxes thanks to Bush tax cuts. http://www.corpwatch.org/article.php?id=11553 ------------------------------------------------------- Bimonthly Review of Law Books Keith Schooley, author of Merrill Lynch: The Cost Could Be Fatal, was featured in an author interview in the highly esteemed Bimonthly Review of Law Books – a legal publication subscribed to by federal courts, law firms, and academic law libraries. Schooley tells the legal community – "...when I went to work for Merrill Lynch, I was thrilled to be part of an organization that I truly admired – one that became hugely successful largely because it had the trust of the American people. I was shocked to see that trust abused, time and again....I think it’s important that investors, clients, shareholders, and the public know about the activities by employees of the company that has successfully cultivated its public image as the broker of Main Street, not Wall Street....My book shows a pattern of problems at the firm ranging from the brokers to senior management, and, arguably, the board of directors." I was disappointed with the outcome of Attorney General Spitzer's case against Merrill Lynch concerning the conflicts with investment analysts' research opinions. If Spitzer had the case he claimed to have, I think he should have gone much further since so many Merrill Lynch investors apparently suffered significant losses as a result of less-than-honest research reports. Instead, Spitzer allowed the firm to do what it is so good at doing - that is, to buy its way out of a problem. A firm with $38 billion in revenue paying a fine of $100 million would be the same as an individual with annual income of $100,000 paying a fine of $263 to avoid testifying in public hearings and possible criminal indictments. While some beneficial changes will be made as a result of the settlement, Merrill Lynch, of course, did not have to admit to any wrongdoing. I'm confident that Merrill Lynch is celebrating behind closed doors, as they have once again "prevailed." The entire interview can be read at http://www.thecostcouldbefatal.com/bimonthly.cfm -------------------------------------------------------                                BOYCOTT  MERRILL LYNCH MERRILL LYNCH WAS CHARGED WITH FRAUD BY THE SECURITIES & EXCHANGE COMMISSION ON APRIL 28,2003 Merrill Lynch Stock and Securities Fraud http://www.stockfraudnewswire.com/merrilllynch/ Investment/Brokerage Fraud http://www.securitiesfraudfyi.com/investment_brokerage_fraud.html __________________________________________________________________________________________________________ Finding a Financial Planner Financial Planners: How To Pick A Good One—And Why The Best One Might Just Be You By Suze Orman          http://biz.yahoo.com/pfg/e29planner/ __________________________________________________________________________________________________________        Please Visit: www.TheCostCouldBeFatal.com This Is A Must Read For Every Investor,Especially For Merrill Lynch Investors.If you Value Your Hard Earned Money You will Want To Learn What Merrill Lynch Is All About.This Book Tells The Real Inside Story From A Man That Had The Character  to Expose His Own Company And Pay The Price For It.I Highly Recommend The Purchase Of This Book, You Will Be Glad You Did. _______________________________________________________________________  Tracy Pride Stoneman has co-authored a book with Douglas J. Schulz, renowned securities expert witness (www.securitiesexpert.com) about the brokerage industry. The investing public has been bombarded with the benefits of investing, from the warm and fuzzy advertisements to the deluge of books on investing tips, how to get rich, how to day trade, and the like. Brokerage Fraud is the first book to unveil what your brokerage firm, stockbroker and financial advisor fail to tell you about their business, about your investments, and about your account. These secrets allow brokerage firms, stockbrokers and other investment advisors to defraud millions of Americans every year. Yet only a fraction of those deceived ever realize it, much less do something about it. Please Visit:  www.InvestorFraud.com   If You Want To Know How Your Broker Cheated You,Just Read This Book. You Will Learn About The Tricks Your Broker Plays On You. I Stongly Suggest Reading This Book Before You File A Claim Against Your Broker,If You Have Lost Money at Merrill Lynch Or Any Other Firm You Must Read This Book. By Reading This Book You Will Have A Better Understanding Of How You were Cheated Out Of Your Investments. The Author And Attorney Tracy Pride Stoneman Would Be A Excellent Choice To Represent Anyone Wanting To Recover Their Losses At Merrill Lynch Or Any Other Firm. _______________________________________________________________________     Commonwealth of Kentucky, Boyd Circuit Court Civil Action No. 03-CI-00351 Merrill Lynch,Randall Rhoades,Robert Powers vs Fred Swann. The restraining order states I may publish public information. Anyone who wishes may obtain a copy of the lawsuit and restraining order by going to the Boyd Circuit Court and giving them the above Case No. The  information below is part of a previous Arbitration Claim I made against Randall Rhoades & Merrill Lynch. The Arbitraion Claim is of public record by going to NASD Website: WWW.NASDADR.COM  and looking under Arbitration Awards and using the Docket or Case No.95-01984 ,My Claim Ended on 12/30/96-I filed an Appeal in the Court of Common Pleas, Hamilton County, Ohio Case No. A97-05878 on 8/28/97. The present lawsuit against me and past arbitration claim against Merrill Lynch &  Randall Rhoades are of public record  also the Appeal I filed in 1997 is of public record.  Merrill Lynch,Robert Powers and Randall Rhoades want to silence my protest and keep people from knowing what is taking place in the Merrill Lynch Office in Ashland Ky. Kevin Gunderson vs Merrill Lynch  Case # 92-CI-00281 Commonwealth of Kentucky, Boyd Circuit Court --March 26, 1992  This claim states that Mr. Gunderson purchased 10 units with a market value of $1,000 per unit of MRI Business Properties Fund LTD III. Since April 11,1986 on a quarterly basis Merrill Lynch has provided a statement to Mr. Gunderson and has therein Fraudulently with the intent to deceive and cover up the actual value of said account; Merrill Lynch through its agents have fraudulently misled Mr.Gunderson into believing that the actual fair market value of said account has continued to be $10,000 when in actuality Merrill Lynch,through it's officers and agents,knew the value of said account was continuously diminishing in value to the detriment of Mr.Gunderson.  The Plaintiff relied upon the false and fraudulent representations of Merrill Lynch thus not attempting to minimize his damages by selling off the assets comprising the corpus of the account above mentioned. Merrill Lynch, through its agents,knew or through the exercise of Due Diligence could have known of the falling value of the assets in the above referenced account but through a fradulent intent concealed the true value of the assets in the above referenced account from Mr. Gunderson until May 20 1991 when an official employed by the defendent wrote the plaintiff and advised him that the actual value of the plaintiff's account was approximately $1,850.00. Based upon the fraudulent concealment of the true value of Mr.Gunderson's account, the plaintiff was lulled into a false sense of security as to the correct value of the account and accordingly did not act to sell the assets as soon as the actual value of same was falling. Mr.Gunderson has been damaged at least $8,150.00. A motion to dismiss was filed on June 5,1992 Based on a settlement agreement.                    Merrill Lynch Office Ashland,KY. NASD Case#0202295  Ordered To Pay Damages:$156,741 David L.Thompson was the customers broker mentioned in the  claim. This claim can be read by going to the following link and entering the Case/Docket # 02-02295    http://www.nasd.com/web/idcplg?IdcService=SS_GET_PAGE&nodeId=12                                                                                                              Gene Randall Rhoades          ******** CUSTOMER COMPLAINT (1 of 1) ********                    Reporting Source: Individual Broker (Form U-4) Date Reported: 01/27/2005 Date Received: 01/18/2005 Employing Brokerage Firm: MERRILL LYNCH PIERCE, FENNER AND SMITH INC. Allegations: CLIENT ALLEGES THAT THE FINANCIAL ADVISOR MADE UNSUITABLE INVESTMENTS IN ADDITION TO UNAUTHORIZED AND EXCESSIVE TRADES. Alleged Damages: $15,000,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 01/18/2005 Arbitration/Reparation Details: NASD 05-00201 Service Date: 01/18/2005 Pending?: Yes Disposition Details: NASD/CRD # 374980 Merrill Lynch Ashland,KY.            BOB POWERS                    ******** CUSTOMER COMPLAINT (1 of 4) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 04/16/2004 Date Received: 03/05/2004 Employing Brokerage Firm: MERRILL LYNCH PIERCE FENNER & SMITH INC Allegations: CLAIMANT ALLEGES FA MADE UNSUITABLE INVESTMENT RECOMMENDATIONS AND OVERCONCENTRATED THE ACCOUNT IN EQUITIES. Alleged Damages: $90,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 03/05/2004 Arbitration/Reparation Details: NYSE INC. CASE NO. 2004-014960 Service Date: 03/05/2004 Pending?: Yes Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER DENYING THE ALLEGATIONS SET FORTH IN THE CLAIMANT'S STATEMENT OF CLAIM. ******** CUSTOMER COMPLAINT (2 of 4) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 02/09/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CLAIMANTS ALLEGE FAILURE TO SUPERVISE. Alleged Damages: $340,669.21 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 12/10/2003 Arbitration/Reparation Details: NASD DISPUTE RESOLUTION CASE NO. 03-08104 Service Date: 12/10/2003 Pending?: Yes Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER DENYING THE ALLEGATIONS SET FORTH IN THE CLAIMANTS' STATEMENT OF CLAIM. ******** CUSTOMER COMPLAINT (3 of 4) ******** Reporting Source: Individual Broker (Form U-4) NASD BrokerCheck November 30, 2004 Page 7 This information is current as of: 11/30/2004 NASD Registered Person: ROBERT FRANCIS POWERS JR CRD Number: 366966 CUSTOMER COMPLAINTS(cont.) Date Reported: 12/19/2003 Date Received: 11/18/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CLAIMANT'S ALLEGE FAILURE TO SUPERVISE FA. Alleged Damages: $75,035.84 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 11/18/2003 Arbitration/Reparation Details: NASD DISPUTE RESOLUTION CASE NO. 03-07950 Service Date: 11/18/2003 Pending?: Yes Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER DENYING THE ALLEGATIONS SET FORTH IN THE CLAIMANTS' STATEMENT OF CLAIM. ******** CUSTOMER COMPLAINT (4 of 4) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 12/02/2003 Date Received: 10/12/2000 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. Allegations: CLAIMANTS ALLEGED FAILURE TO SUPERVISE. Alleged Damages: $1,500,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 10/12/2000 Arbitration/Reparation Details: NASD DR DISPUTE RESOLUTION NO: 00-04273 Service Date: 10/12/2000 Pending?: No Disposition: Settled Disposition Date: 07/14/2003 Monetary Compensation Amount: $155,000.00 Individual Contribution Amount: $0.00 Disposition Details: THIS MATTER WAS SETTLED TO AVOID THE TIME, EXPENSE AND UNCERTAINTY INHERENT IN LITIGATION. Bob Powers Branch Manager Ashland,KY. CRD # 366966 ROBERT F. POWERS JR. AND HIS WIFE  SUSAN POWERS  1420 Bath Avenue Ashland, KY.  The lawsuit is in the Boyd Circuit Court case  # 03-CI-487 and reads as follows: Dick Fredeking and Kim Wolfe (co-administrators of the estate of Nancy M. Polan deceased)  vs. Robert F. Powers Jr. and Susan Powers, seeks for the return of the items herein and other relief. The lawsuit asks for the return of Approx. $588,900 of artwork purchased on various dates from 11/04/99 to 3/30/01. The lawsuit states that all of the items described in Paragraph II remain in the possession of the defendents in their residence at 1420 Bath Avenue in Ashland KY.   Police Department  Ashland,KY  Incident Report:5/21/03 Case #03-2178 Investigation Title : Forgery 1st Merrill Lynch 1416 Winchester Ave. Ashland,KY. Jeff Sartaine & Bob Powers    The complaint states that on three separate dates a couples  signatures were forged  ( 2 Applications and 1 Transfer for variable annuities). The annuities were transferred from a life insurance company to the Ashland,KY. Merrill Lynch Office. Jeff Sartaine denied signing the papers in question and Bob Powers states that he has no idea who signed the papers.The party filing the complaint says the signatures on the annuity forms was not theirs and believed Robert Powers, Branch Manager and their broker Jeff Sartaine should be held responsible.                                                              STEVEN SIMMERMAN  has been sued twice in the past at Merrill Lynch and ordered to pay $120,000 and $24,000. Now this broker is under litigation for $1,500,000       ******** CUSTOMER COMPLAINT (1 of 3) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 03/04/2004 Date Received: 10/12/2000 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. Allegations: CLAIMANTS CLAIM FC'S RECOMMENDATIONS WERE MISREPRESENTED AND UNSUITABLE. Alleged Damages: $1,500,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 10/12/2000 Arbitration/Reparation Details: NASD-DR DISPUTE RESOLUTION NO:00-04273 Service Date: 10/12/2000 Pending?: No Disposition: Settled Disposition Date: 07/14/2003 Monetary Compensation Amount: $155,000.00 Individual Contribution Amount: $0.00 Disposition Details: THIS MATTER WAS SETTLED TO AVOID THE TIME, EXPENSE AND UNCERTAINTY INHERENT IN LITIGATION. ******** CUSTOMER COMPLAINT (2 of 3) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 01/20/2000 Date Received: 03/16/1999 Employing Brokerage Firm: MERRILL LYNCH Allegations: CLAIMANTS ALLEGED THAT HTERI FINANCIAL CONSULTANT RECOMMENDED UNSUITABLE INVESTMENTS FOR THE ACCOUNTS AT ISSUE AND ALSO ENGAGED IN CHURNING OF THE ACCOUNTS. Alleged Damages: $300,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 12/27/1999 Settlement Amount: $0.00 Individual NASD BrokerCheck March 16, 2005 Page 6 This information is current as of: 03/16/2005 ________________________________________________________________________________ NASD Registered Person: STEVEN L SIMMERMAN CRD Number: 2591072 CUSTOMER COMPLAINTS(cont.) Contribution: $0.00 Arbitration/Reparation Details: NASD #99-003049 Service Date: 03/16/1999 Pending?: No Disposition: Settled Disposition Date: 12/27/1999 Monetary Compensation Amount: $120,000.00 Individual Contribution Amount: $0.00 Disposition Details: ******** CUSTOMER COMPLAINT (3 of 3) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 02/04/1999 Date Received: 09/16/1998 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES THAT HER FINANCIAL CONSULTANT PURCHASED STOCKS AND MUTUAL FUNDS WITHOUT HER AUTHORIZATION. NO SPECIFIC DAMAGES WERE ALLEGED. THIS OCCURRED AT MERRILL LYNCH. Alleged Damages: Action Pending?: No Resolution: Settlement Resolution Date: 09/30/1998 Settlement Amount: $24,000.00 Disposition Details: AS A BUSINESS DECISION THE FIRM DECIDED TO CANCEL THE TRADE IN QUESTION AT A COST WITH INTEREST OF APPROXIMATELY $24,000.00. MR. SIMMERMAN BELIEVED THAT THE CUSTOMER AUTHORIZED THE MAJORITY OF THE TRANSACTIONS IN QUESTION, HOWEVER SOME OF THE PURCHASES WERE NOT SPECIFICALLY DISCUSSED PRIOR TO PURCHASE. ************ END OF REPORT ************ Ashland,KY     BRENT STURGILL has paid two claims at MERRILL LYNCH in the amount of $19,500 & $639.10  NASD/CRD # 719206  Ashland,Ky.  ******** CUSTOMER COMPLAINT (1 of 2) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 07/23/2004 Date Received: 06/24/2004 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: THE CLAIMANT ALLEGES THAT THE FA MADE UNSUITABLE INVESTMENTS AND RECOMMENDATIONS. THE CLAIMANT ALSO ALLEGES THAT THE FA MADE UNAUTHORIZED TRANSACTIONS AND CHURNED HER ACCOUNT. THE CLAIMANT ALLEGES THAT THE FA MADE MISREPRESENTATIONS AND OMISSIONS OF MATERIAL FACT REGARDING HER ACCOUNT. THE CLAIMANT ALLEGES UNSPECIFIED DAMAGES. Alleged Damages: $.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 06/24/2004 Arbitration/Reparation Details: NYSE DOCKET NO. 2004-015539 Service Date: 06/24/2004 Pending?: Yes Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER DENYING THE ALLEGATIONS SET FORTH IN THE CLAIMANT’S STATEMENT OF CLAIM. ******** CUSTOMER COMPLAINT (2 of 2) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 05/06/2002 Date Received: 12/10/1987 Employing Brokerage Firm: MERRILL LYNCH Allegations: Alleged Damages: $138,052.20 Action Pending?: No Resolution: Settlement Resolution Date: Settlement Amount: $19,500.00 Disposition Details: ON OCTOBER 25, 1988, MERRILL LYNCH SETTLED A CLAIM MADE BY CUSTOMERS, CHARLES AND DONNA CRONWELL IN THE AMOUNT OF $19,500.00 BASED ON AN ECONOMIC ANALYSIS OF DEFENSE COSTS. THE DECEMBER 10, 1987 COMPLAINT ALLEGED UNSUITABLE AND UNAUTHORIZED OPTION TRADING, CHURNING AND DAMAGES OF $138,052.20. MR. STURGILL WILL BE CONTRIBUTING TOWARD THE SETTLEMENT. ON OCTOBER 25, 1988, MERRILL LYNCH SETTLED A CLAIM MADE BY CUSTOMERS, CHARLES AND DONNA CRONWELL IN THE AMOUNT OF $19,500.00 BASED ON AN ECONOMIC ANALYSIS OF DEFENSE COSTS. THE NASD BrokerCheck March 21, 2005 Page 7 This information is current as of: 03/21/2005 ________________________________________________________________________________ NASD Registered Person: BRENT DEVERL STURGILL CRD Number: 719206 CUSTOMER COMPLAINTS(cont.) DECEMBER 10, 1987 COMPLAINT ALLEGED UNSUITABLE AND UNAUTHORIZED OPTION TRADING, CHURNING AND DAMAGES OF $138,052.20. MR. STURGILL WILL BE CONTRIBUTING TOWARD THE SETTLEMENT. ************ END OF REPORT ************ JOHN JEFFREY SARTAINE        ******** CUSTOMER COMPLAINT (1 of 2) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 12/19/2003 Date Received: 11/18/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CLAIMANT ALLEGES UNSUITABLE INVESTMENTS AND RECOMMENDATIONS. CLAIMANT'S ALLEGE SARTAINE OR OTHERS AT MERRILL LYNCH FORGED THEIR SIGNATURES ON DOCUMENTS DATED APRIL 28, 2000 AND MAY 11, 2000 TO TRANSFER TWO ANNUITIES TO MERRILL LYNCH. Alleged Damages: $75,035.84 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 11/18/2003 Arbitration/Reparation Details: NASD DISPUTE RESOLUTION CASE NO. 03-07950 Service Date: 11/18/2003 Pending?: Yes Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER DENYING THE ALLEGATIONS SET FORTH IN THE CLAIMANTS' STATEMENT OF CLAIM. ******** CUSTOMER COMPLAINT (2 of 2) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 02/09/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMERS ALLEGE UNSUITABLE INVESTMENT RECOMMENDATIONS. Alleged Damages: $500,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 12/10/2003 Arbitration/Reparation Details: NASD DISPUTE RESOLUTION CASE NO. 03-08104 Service Date: 12/10/2003 Pending?: Yes Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER DENYING THE ALLEGATIONS SET FORTH IN THE CLAIMANTS' STATEMENT OF CLAIM.  Ashland,KY.   CHANDIS D. FERGUSON II Ashland,Ky.Chandis Ferguson is now employed at Salomon Smith Barney Inc. Huntington, WV.    ******** CUSTOMER COMPLAINT (1 of 7) ******** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 08/26/2004 Date Received: 02/03/2004 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMERS ALLEGE FA FAILED TO DIVERSIFY THE INVESTMENTS IN THEIR ACCOUNT. CUSTOMER ALLEGES UNSPECIFIED DAMAGES. Alleged Damages: $.00 Action Pending?: No Resolution: Closed/No Acton Resolution Date: 07/27/2004 Disposition Details: MERRILL LYNCH HAS INVESTIGATED THE ALLEGATIONS AND DETERMINED THAT THEY HAVE NO MERIT. MERRILL LYNCH HAS REPLIED TO THE CLIENT AND THE CLIENT HAS YET TO RESPOND. WE ASSUME THAT THEY AGREE WITH OUR FINDINGS. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 04/22/2004 Date Received: 02/03/2004 Employing Brokerage Firm: MERRILL LYNCH PIERCE Allegations: CUSTOMERS ALLEGE FA FAILED TO DIVERSIFY THE INVESTMENTS IN THEIR ACCOUNT. CUSTOMER ALLEGES UNSPECIFIED DAMAGES. Alleged Damages: $.00 Action Pending?: Yes Disposition Details: ******** CUSTOMER COMPLAINT (2 of 7) ******** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 04/30/2004 Date Received: 07/31/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CLAIMANT ALLEGES FA MAINTAINED AN UNSUITABLE ASSET ALLOCATION IN HIS ACCOUNTS. Alleged Damages: $200,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 07/31/2003 Arbitration/Reparation NASD BrokerCheck March 21, 2005 Page 6 This information is current as of: 03/21/2005 ________________________________________________________________________________ NASD Registered Person: CHANDIS D FERGUSON II CRD Number: 2579994 CUSTOMER COMPLAINTS(cont.) Details: NYSE, INC. DOC.# 2003-012137 Service Date: 07/31/2003 Pending?: No Disposition: Settled Disposition Date: 03/26/2004 Monetary Compensation Amount: $110,000.00 Individual Contribution Amount: $0.00 Disposition Details: SETTLED. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 05/12/2004 Date Received: 07/31/2003 Employing Brokerage Firm: MERRILL LYNCH PIERCE FENNER & SMITH Allegations: CLAIMANT ALLEGES FA MAINTAINED AN UNSUITABLE ASSET ALLOCATION IN HIS ACCOUNTS Alleged Damages: $200,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 07/31/2003 Arbitration/Reparation Details: NYSE INC DOC 2003-012137 Service Date: 07/31/2003 Pending?: No Disposition: Settled Disposition Date: 03/26/2004 Monetary Compensation Amount: $110,000.00 Individual Contribution Amount: $0.00 Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER DENYING THE ALLEGATIONS SET FORTH IN CLAIMAINTS STATEMENT OF CLAIM. SETTLED ******** CUSTOMER COMPLAINT (3 of 7) ******** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 08/19/2004 Date Received: 06/06/2003 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES FA MADE MISREPRESENTATIONS REGARDING RISK LEVELS OF INVESTMENTS FA RECOMMENDED. Alleged Damages: $44,000.00 Action Pending?: No Resolution: Closed/No Acton Resolution Date: 07/20/2004 Disposition NASD BrokerCheck March 21, 2005 Page 7 This information is current as of: 03/21/2005 ________________________________________________________________________________ NASD Registered Person: CHANDIS D FERGUSON II CRD Number: 2579994 CUSTOMER COMPLAINTS(cont.) Details: MERRILL LYNCH HAS INVESTIGATED THE ALLEGATIONS AND DETERMINED THAT THEY HAVE NO MERIT. MERRILL LYNCH REPLIED TO THE CLIENT AND THE CLIENT HAS YET TO RESPOND. WE ASSUME THAT THEY AGREE WITH OUR FINDINGS. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 07/16/2003 Date Received: 06/06/2003 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES FA MADE MISREPRESENTATIONS REGARDING RISK LEVELS OF INVESTMENTS FA RECOMMENDED Alleged Damages: $44,000.00 Action Pending?: Yes Disposition Details: ******** CUSTOMER COMPLAINT (4 of 7) ******** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 04/16/2002 Date Received: 09/07/2001 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER ALLEGED CHURNING, UNSUITABLE INVESTMENTS. Alleged Damages: $51,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 04/10/2002 Settlement Amount: $20,000.00 Individual Contribution: $0.00 Disposition Details: MATTER WAS SETTLED TO AVOID THE COST OF LITIGATION. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 05/13/2002 Date Received: 09/07/2001 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER ALLEGES FC RECOMMENDED UNSUITABLE INVESTMENTS AND CHURNED THE ACCOUNT. ALLEGED DAMAGES - UNSPECIFIED Alleged Damages: $.00 Action Pending?: No Resolution: Settlement Resolution Date: 04/10/2002 Settlement Amount: $20,000.00 Individual Contribution: $0.00 Disposition Details: NASD BrokerCheck March 21, 2005 Page 8 This information is current as of: 03/21/2005 ________________________________________________________________________________ NASD Registered Person: CHANDIS D FERGUSON II CRD Number: 2579994 CUSTOMER COMPLAINTS(cont.) ******** CUSTOMER COMPLAINT (5 of 7) ******** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 01/30/2002 Date Received: 06/09/2001 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER ALLEGES UNSUITABLE RECOMMENDATIONS. Alleged Damages: $44,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/28/2002 Settlement Amount: $31,571.00 Individual Contribution: $0.00 Disposition Details: FA IS NO LONGER WITH THE FIRM. THE MATTER WAS SETTLED TO AVOID THE EXPENSE OF LITIGATION. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 02/25/2002 Date Received: 06/09/2001 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER AND SMITH INC. Allegations: CUSTOMER ALLEGES UNSUITABLE RECOMMENDATIONS. Alleged Damages: $44,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/28/2002 Settlement Amount: $31,571.00 Individual Contribution: $0.00 Disposition Details: ******** CUSTOMER COMPLAINT (6 of 7) ******** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 12/06/2001 Date Received: 06/06/2001 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMERS ALLEGES UNSUITABLE INVESTMENT RECOMMENDATIONS. Alleged Damages: $175,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 11/29/2001 Settlement Amount: $64,000.00 NASD BrokerCheck March 21, 2005 Page 9 This information is current as of: 03/21/2005 ________________________________________________________________________________ NASD Registered Person: CHANDIS D FERGUSON II CRD Number: 2579994 CUSTOMER COMPLAINTS(cont.) Individual Contribution: $0.00 Disposition Details: MATTER SETTLED BY FIRM TO AVOID EXPENSE OF LITIGATION. FA NO LONGER WITH THE FIRM. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 12/21/2001 Date Received: 06/06/2001 Employing Brokerage Firm: MERRIL LYNCH, PIERCE, FENNER AND SMITH INC. Allegations: CUSTOMERS ALLEGE UNSUITABLE INVESTMENT RECOMMENDATIONS. Alleged Damages: $175,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 11/29/2001 Settlement Amount: $64,000.00 Individual Contribution: $0.00 Disposition Details: ******** CUSTOMER COMPLAINT (7 of 7) ******** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 03/15/2002 Date Received: 05/18/2001 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMERS ALLEGE FC TOOK DISCRETION AND UNSUITABLE TRADING. Alleged Damages: $200,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 03/14/2002 Settlement Amount: $135,000.00 Individual Contribution: $0.00 Disposition Details: FIRM SETTLED THE CLAIM TO AVOID THE EXPENSE AND UNCERTAINTY OF LITIGATION. THE FA IS NO LONGER EMPLOYED BY THE FIRM. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 04/22/2002 Date Received: 05/18/2001 Employing Brokerage Firm: MERRIL LYNCH, PIERCE, FENNER AND SMITH INC. Allegations: CUSTOMERS ALLEGE FC TOOK DISCRETION AND UNSUITABLE TRADING. Alleged Damages: $200,000.00 Action Pending?: No Resolution: Settlement Resolution NASD BrokerCheck March 21, 2005 Page 10 This information is current as of: 03/21/2005 ________________________________________________________________________________ NASD Registered Person: CHANDIS D FERGUSON II CRD Number: 2579994 CUSTOMER COMPLAINTS(cont.) Date: 03/14/2002 Settlement Amount: $135,000.00 Individual Contribution: $0.00 Disposition Details: MATTER UNDER REVIEW.   DANA PERRY MAYNARD Is listed as (action pending) at the Huntington WV. Office of Merrill Lynch. Damages were not disclosed in the report. NASD/CRD # 2518285   DANIEL THOMAS WELLS NASD/CRD # 1189374 Merrill Lynch  Huntington ,WV.   1-Claim / Settlement Date 8/26/2002--$6,000 ANTHONY WAYNE WILLIAMS NASD/CRD # 710963  Merrill Lynch  Huntington,WV.  1-Claim /Alleged Damages $7,626.47 Action Pending / Report Date 7/3/02 BARBARA ELIZABETH HOEFT NASD/CRD # 734260 Merrill Lynch  Huntington,WV.  1-Claim Alleged Damages $ 750,000 Action Pending -Report Date 1/2/03 NINA F. DEAN NASD/CRD # 468094 Merril Lynch  Huntington,WV.  2 Claims---# 1-Listed As Action Pending/Damages Not Listed Report Date 2/11/03  Claim # 2 Report Date 10/7/1997 Settlement Amount $ 10,000      TERRY L. CYFERS NASD/CRD # 3231380 Merrill Lynch Huntington ,WV.        1-Claim Alleged Damages $70,000 Action Pending Report Date 8/15/02  ANTHONY EDWARD WILLIAMS NASD/CRD # 859821 Claim # 1-Report Date 7/7/1993 Settlement Amount $ 18,000   Claim # 2  Settlement Amount $ 14,500 -- 8/12/1993    Mr.Williams Was Fined $ 500.00 By the New York Stock Exchange  3/1/1994 --Merrill Lynch Charleston,WV.  SHERRY PARKER HODGES NASD/CRD # 1667466  Savannah,Ga.  Settlement Amount $21,000 Report Date 6/10/98  JOEL RALPH CESSNA    ******* CUSTOER COMPLAINT (1 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 02/22/2005 Date Received: 11/23/2004 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES FA MADE EXCESSIVE TRADES TO MAXIMIZE HIS COMPENSATION AND MADE UNSUITABLE INVESTMENTS. Alleged Damages: $150,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 02/10/2005 Arbitration/Reparation Details: NYSE # 2005-015968 Service Date: 02/10/2005 Pending?: Yes Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 02/25/2005 Date Received: 11/23/2004 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES FA MADE EXCESSIVE TRADES TO MAXIMIZE HIS COMPENSATION AND MADE UNSUITABLE INVESTMENTS Alleged Damages: $150,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 02/10/2005 Arbitration/Reparation Details: NYSE # 2005-015968 Service Date: 02/10/2005 Pending?: Yes Disposition Details: ******* CUSTOMER COMPLAINT (2 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 08/24/2004 Date Received: 07/23/2004 NASD BrokerCheck March 18, 2005 Page 6 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: THE CLAIMANT ALLEGES THE FA MADE UNSUITABLE INVESTMENTS AND RECOMMENDATIONS. THE CLAIMANT ALSO ALLEGES THE FA FAILED TO DIVERSIFY HIS ACCOUNT. Alleged Damages: $400,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 07/23/2004 Arbitration/Reparation Details: NASD DISPUTE RESOLUTION CASE NO. 04-04709 Service Date: 07/23/2004 Pending?: Yes Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER RESPONDING TO THE ALLEGATIONS SET FORTH IN THE CLAIMANT’S STATEMENT OF CLAIM. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 09/29/2004 Date Received: 07/23/2004 Employing Brokerage Firm: MERRILL LYNCH Allegations: THE CLAIMANT ALLEGES THE FA MADE UNSUITABLE INVESTMENTS AND RECOMMENDATIONS. THE CLAIMANT ALSO ALLEGES THE FA FAILED TO DIVERSIFY HIS ACCOUNT. Alleged Damages: $400,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 07/23/2004 Arbitration/Reparation Details: NASD DISPUTE RESOLUTION CASE # 04-04709 Service Date: 07/23/2004 Pending?: Yes Disposition Details: MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER RESPONDING TO THE ALLEGATIONS SET FORTH IN THE CLAIMANT'S STATEMENT OF CLAIM. BROKER DENIES ANY WRONG DOING. ******* CUSTOMER COMPLAINT (3 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 08/17/2004 Date Received: 10/21/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMERS ALLEGE BREACH OF FIDUCIARY DUTY, UNSUITABILITY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/19/2004 Settlement Amount: $119,649.07 NASD BrokerCheck March 18, 2005 Page 7 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 10/21/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMERS ALLEGE BREACH OF FIDUCIARY DUTY, UNSUITABILITY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1214138 Alleged Damages: $.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/19/2004 Settlement Amount: $119,649.07 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ******* CUSTOMER COMPLAINT (4 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 07/16/2004 Date Received: 06/06/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: ORAL CUSTOMER COMPLAINT OF UNSUITABILITY Alleged Damages: $.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/14/2004 Settlement Amount: $130,675.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 06/06/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: ORAL CUSTOMER COMPLAINT OF UNSUITABILITY OCCURENCE ID 1208781 Alleged Damages: $.00 Action Pending?: No Resolution: Settlement NASD BrokerCheck March 18, 2005 Page 8 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Resolution Date: 07/14/2004 Settlement Amount: $130,675.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ******* CUSTOMER COMPLAINT (5 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $82,541.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $66,032.80 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION OCCURRENCE ID 1205362 Alleged Damages: $82,541.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $66,032.80 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ******* CUSTOMER COMPLAINT (6 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 NASD BrokerCheck March 18, 2005 Page 9 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT OF UNSUITABILITY, NEGLIGENCE, BREACH OF FIDUCIARY DUTY AND MISREPRESENTATION. Alleged Damages: $221,330.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $199,197.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: COMPLAINT OF UNSUITABILITY, NEGLIGENCE, BREACH OF FIDUCIARY DUTY AND MISREPRESENTATION. OCCURRENCE ID 1205360 Alleged Damages: $221,330.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $199,197.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ******* CUSTOMER COMPLAINT (7 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $185,573.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $148,458.00 Individual Contribution: $0.00 Disposition NASD BrokerCheck March 18, 2005 Page 10 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205359 Alleged Damages: $185,573.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $148,458.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ******* CUSTOMER COMPLAINT (8 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $50,643.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $35,450.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205358 Alleged Damages: $50,643.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 NASD BrokerCheck March 18, 2005 Page 11 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Settlement Amount: $35,450.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ******* CUSTOMER COMPLAINT (9 of 47) ******* Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $85,836.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $77,252.40 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205357 Alleged Damages: $85,836.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $77,252.40 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (10 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/30/2003 NASD BrokerCheck March 18, 2005 Page 12 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $136,787.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $123,108.30 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205356 Alleged Damages: $136,787.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $123,108.30 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (11 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $250,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $225,000.00 Individual Contribution: $0.00 Disposition Details: NASD BrokerCheck March 18, 2005 Page 13 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205355 Alleged Damages: $250,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $225,000.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (12 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $285,350.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $171,210.00 Individual Contribution: $5,108.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205354 Alleged Damages: $285,350.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement NASD BrokerCheck March 18, 2005 Page 14 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Amount: $171,210.00 Individual Contribution: $5,108.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE. ****** CUSTOMER COMPLAINT (13 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $152,093.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $136,883.70 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205353 Alleged Damages: $152,093.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $136,883.70 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (14 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NASD BrokerCheck March 18, 2005 Page 15 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $53,512.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $48,160.80 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205352 Alleged Damages: $53,512.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $48,160.80 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (15 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $186,840.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $130,788.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) NASD BrokerCheck March 18, 2005 Page 16 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Date Reported: 08/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205351 Alleged Damages: $186,840.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $130,788.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (16 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT OF UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $281,126.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $281,126.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: COMPLAINT OF UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURENCE ID 1205350. Alleged Damages: $281,126.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $281,126.00 Individual NASD BrokerCheck March 18, 2005 Page 17 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (17 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $117,011.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $93,608.80 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/30/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205349 Alleged Damages: $117,011.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $93,608.80 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (18 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. NASD BrokerCheck March 18, 2005 Page 18 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Alleged Damages: $102,972.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $102,972.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205348 Alleged Damages: $102,972.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $102,972.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (19 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 03/17/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, NEGLIGENCE AND BREACH OF FIDUCIARY DUTY. Alleged Damages: $236,493.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $201,019.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 NASD BrokerCheck March 18, 2005 Page 19 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Date Received: 03/17/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, NEGLIGENCE AND BREACH OF FIDUCIARY DUTY. OCCURENCE ID 1205347 Alleged Damages: $236,493.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $201,019.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (20 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPERESENTATION. Alleged Damages: $149,335.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $134,401.50 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPERESENTATION. OCCURRENCE ID 1205346 Alleged Damages: $149,335.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $134,401.50 Individual Contribution: $0.00 NASD BrokerCheck March 18, 2005 Page 20 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (21 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. Alleged $270,000.00 Damages: Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $189,000.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 01/16/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205345 Alleged Damages: $270,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/25/2003 Settlement Amount: $189,000.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (22 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 03/25/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS Alleged Damages: $134,971.00 NASD BrokerCheck March 18, 2005 Page 21 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $107,976.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 03/25/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER, & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS. OCCURENCE ID 1205344 Alleged Damages: $134,971.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $107,976.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (23 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 07/08/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS Alleged Damages: $48,608.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $43,747.20 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) NASD BrokerCheck March 18, 2005 Page 22 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Date Reported: 08/24/2004 Date Received: 07/08/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS. OCCURENCE ID 1205342 Alleged Damages: $48,608.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $43,747.20 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (24 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 06/05/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS ORAL CUSTOMER COMPLAINT. Alleged Damages: $100,490.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $80,392.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 06/05/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS ORAL CUSTOMER COMPLAINT. OCCURENCE ID 1205341 Alleged Damages: $100,490.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $80,392.00 NASD BrokerCheck March 18, 2005 Page 23 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (25 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 10/21/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER ALLEGE BREACH OF FIDUCIARY DUTY, UNSUITABILITY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $169,596.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/28/2003 Settlement Amount: $152,636.00 Individual Contribution: $0.00 Disposition Details: MERRILL LYNCH IS INVESTIGATING THE ALLEGATIONS. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 10/21/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE FENNER & SMITH INC Allegations: CUSTOMER ALLEGES BREACH OF FIDUCIARY DUTY, UNSUITABILITY, NEGLIGENCE AND MISREPRESENTATION OCCURENCE ID 1205340 Alleged Damages: $169,596.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/28/2003 Settlement Amount: $152,636.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (26 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 03/25/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: ALLEGATION(S) AND A BRIEF SUMMARY OF EVENTS RELATED TO THE NASD BrokerCheck March 18, 2005 Page 24 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) ALLEGATION(S) INCLUDING DATES WHEN ACTIVITIES LEADING TO THE ALLEGATION(S) OCCURRED: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS Alleged Damages: $176,357.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $158,721.30 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 03/25/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: ALLEGATIONS AND A BRIEF SUMMARY OF EVENTS RELATED TO THE ALLEGATIONS INCLUDING DATES WHEN ACTIVITIES LEADING TO THE ALLEGATIONS OCCURRED; CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS. OCCURENCE ID 1205339 Alleged Damages: $176,357.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $158,721.30 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (27 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 03/25/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS Alleged Damages: $125,411.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $100,328.80 Individual NASD BrokerCheck March 18, 2005 Page 25 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 03/25/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND VIOLATIONS OF STATE AND FEDERAL SECURITIES LAWS. OCCURRENCE ID 1205338 Alleged Damages: $125,411.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/16/2004 Settlement Amount: $100,328.80 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (28 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 08/17/2004 Date Received: 10/21/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH Allegations: CUSTOMERS ALLEGE BREACH OF FIDUCIARY DUTY, UNSUITABILITY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/19/2004 Settlement Amount: $91,946.98 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 10/21/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER ALLEGES BREACH OF FIDUCIARY DUTY, UNSUITABILITY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205337 Alleged Damages: $.00 Action Pending?: No NASD BrokerCheck March 18, 2005 Page 26 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Resolution: Settlement Resolution Date: 07/19/2004 Settlement Amount: $91,946.98 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (29 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 08/17/2004 Date Received: 10/21/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH Allegations: CUSTOMER'S ALLEGE BREACH OF FIDUCIARY DUTY, UNSUITABILITY, NEGLIGENCE AND MISREPRESENTATION. Alleged Damages: $.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/19/2004 Settlement Amount: $82,050.86 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/24/2004 Date Received: 10/21/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER ALLEGES BREACH OF FIDUCIARY DUTY, UNSUITABILITY, NEGLIGENCE AND MISREPRESENTATION. OCCURRENCE ID 1205336 Alleged Damages: $.00 Action Pending?: No Resolution: Settlement Resolution Date: 07/19/2004 Settlement Amount: $82,050.86 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (30 of 47) ****** Reporting Source: Individual Broker (Form U-4) NASD BrokerCheck March 18, 2005 Page 27 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Date Reported: 04/20/2004 Date Received: 02/09/2004 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH Allegations: PLAINTIFF ALLEGES FA MADE UNSUITABLE INVESTMENT RECOMMENDATIONS. Alleged Damages: $180,000.00 Action Pending?: No Resolution: Civil Litigation Resolution Date: 02/09/2004 Court Details: COMMON PLEAS COURT OF WAYNE COUNTY, OHIO CASE NO. 04-CV-0080 Service Date: 02/09/2004 Pending?: Yes Disposition Details: CASE IS BEING MOVED TO ARBITRATION. MERRILL LYNCH WILL FILE A STATEMENT OF ANSWER DENYING THE ALLEGATIONS SET FORTH IN THE CLAIMANT'S STATEMENT OF CLAIM. ****** CUSTOMER COMPLAINT (31 of 47) ****** Reporting Source: Individual Broker (Form U-4) Date Reported: 04/20/2004 Date Received: 02/24/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH Allegations: CUSTOMER MADE ORAL COMPLAINT THAT THE INTERNET STRATEGY MUTUAL FUND "WAS PUSHED ON HER." Alleged Damages: $.00 Action Pending?: No Resolution: Settlement Resolution Date: 11/05/2003 Settlement Amount: $13,518.00 Individual Contribution: $0.00 Disposition Details: ****** CUSTOMER COMPLAINT (32 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 03/07/2005 Date Received: 08/22/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CLAIMANT ALLEGES UNSUITABLE INVESTMENT RECOMMENDATIONS AND OVER-CONCENTRATION IN TECHNOLOGY BASED STOCKS IN HIS ACCOUNTS. Alleged Damages: $212,471.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 08/22/2003 Arbitration/Reparation Details: NYSE, INC. DOCKET# 2003-012209 NASD BrokerCheck March 18, 2005 Page 28 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Service Date: 08/22/2003 Pending?: No Disposition: Settled Disposition Date: 02/22/2005 Monetary Compensation Amount: $205,000.00 Individual Contribution Amount: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 03/10/2005 Date Received: 08/22/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CLAIMANT ALLEGES UNSUITABLE INVESTMENT RECOMMENDATIONS AND OVER-CONCENTRATION IN TECHNOLOGY BASED STOCKS IN HIS ACCOUNTS. Alleged Damages: $212,471.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 08/22/2003 Arbitration/Reparation Details: NYSE, INC. DOCKET# 2003-012209 Service Date: 08/22/2003 Pending?: No Disposition: Settled Disposition Date: 02/22/2005 Monetary Compensation Amount: $205,000.00 Individual Contribution Amount: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (33 of 47) ****** Reporting Source: Individual Broker (Form U-4) Date Reported: 06/25/2003 Date Received: 05/12/2003 Employing Brokerage Firm: MERRILL LYNCH Allegations: CLIENT ALLEGED THAT HE TOLD HIS FINANCIAL ADVISOR THAT HE DID NOT WANT TO LOSE ANY PRINCIPAL, BUT HIS ACCOUNT WAS INVESTED IN INTERNET STOCKS. Alleged Damages: $60,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 05/27/2003 NASD BrokerCheck March 18, 2005 Page 29 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Settlement Amount: $60,000.00 Individual Contribution: $0.00 Disposition Details: THIS MATTER WAS SETTLED AS A BUSINESS DECISION IN ORDER TO AVOID THE COSTS AND UNCERTAINTIES OF LITIGATION. ****** CUSTOMER COMPLAINT(34 of 47)****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 10/12/2004 Date Received: 04/04/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER AND SMITH INC. Allegations: CLAIMS OF UNSUITABILITY AND WITH RESPECT TO RESEARCH RECOMMENDATIONS, CLAIMS OF MISREPRESENTATION AND COMMISSION. Alleged Damages: $1,145,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 04/24/2003 Arbitration/Reparation Details: NYSE 2003-011717 Service Date: 04/24/2003 Pending?: No Disposition: Settled Disposition Date: 09/14/2004 Monetary Compensation Amount: $967,108.49 Individual Contribution Amount: $0.00 Disposition Details: THIS DRP SUPPLEMENTS AN EARLIER FILING. IT WAS PREVIOUSLY REPORTED THAT THIS MATTER WAS SETTLED ON 12/15/03 WITH ALL CLAIMANTS EXCEPT MARTHA TAYLOR. THE FINAL SETTLEMENT WITH MARTHA TAYLOR WAS MADE ON 9/14/04 FOR $238,368.49 FOR A TOTAL SETTLEMENT OF $967,108.49. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 04/20/2004 Date Received: 04/24/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNERE AND SMITH Allegations: CLAIMS OF UNSUITABILITY AND WITH RESPECT TO RESEARCH RECOMMENDATIONS, CLAIMS OF MISREPRESENTATION AND COMMISSION. Alleged Damages: $1,145,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 04/24/2003 Arbitration/Reparation Details: NYSE 2003-011717 Service Date: 04/24/2003 Pending?: No Disposition: Settled NASD BrokerCheck March 18, 2005 Page 30 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Disposition Date: 12/15/2003 Monetary Compensation Amount: $728,740.00 Individual Contribution Amount: $0.00 Disposition Details: CASE SETTLED WITH ALL MARTHA TAYLOR. CYNTHIS LINGER IS NOT A CLIENT OF MR. CESSNA (EXCEPT). OF THE SETTLEMENT SUM, ONLY 484, 252 WAS ALLOCATED TO MR. CESSNA'S CLIENTS IN THIS ARBITRATION. ****** CUSTOMER COMPLAINT (35 of 47) ****** Reporting Source: Individual Broker (Form U-4) Date Reported: 04/20/2004 Date Received: 02/18/2003 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER AND SMITH INC. Allegations: CUSTOMER ALLEGES MISMANAGEMENT OF THE ACCOUNT BY THE FINANCIAL ADVISOR. Alleged Damages: $210,000.00 Action Pending?: No Resolution: Settlement Resolution Date: 09/05/2003 Settlement Amount: $102,162.00 Individual Contribution: $5,108.00 Disposition Details: ****** CUSTOMER COMPLAINT (36 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY, AND OVER-CONCENTRATION. Alleged Damages: $127,155.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $95,366.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/26/2004 NASD BrokerCheck March 18, 2005 Page 31 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES "SUITABILITY, OVER-CONCENTRATION, AND/OR BREACH OF FIDUCIARY DUTY CLAIMS." Alleged Damages: $127,155.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $95,366.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND THE BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (37 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, OVER CONCENTRATION AND BREACH OF FIDUCIARY DUTY. Alleged Damages: $44,863.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $43,377.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/26/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES "SUITABILITY, OVER-CONCENTRATION, AND/OR BREACH OF FIDUCIARY DUTY CLAIMS." Alleged Damages: $44,863.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $43,377.00 Individual Contribution: $0.00 Disposition NASD BrokerCheck March 18, 2005 Page 32 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND THE BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (38 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, OVER-CONCENTRATION AND BREACH OF FIDUCIARY DUTY. Alleged Damages: $119,167.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $107,250.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/26/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES "SUITABILITY, OVER-CONCENTRATION, AND/OR BREACH OF FIDUCIARY DUTY CLAIMS." Alleged Damages: $119,167.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $107,250.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND THE BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (39 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, OVER-CONCENTRATION AND BREACH OF FIDUCIARY DUTY. Alleged Damages: $201,529.00 Action Pending?: No NASD BrokerCheck March 18, 2005 Page 33 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $120,917.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/26/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES "SUITABILITY, OVER-CONCENTRATION, AND/OR BREACH OF FIDUCIARY DUTY CLAIMS." Alleged Damages: $201,529.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $120,917.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND THE BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (40 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, OVER-CONCENTRATION AND BREACH OF FIDUCIARY DUTY. Alleged Damages: $138,872.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $104,154.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/26/2004 Date Received: 12/20/2002 NASD BrokerCheck March 18, 2005 Page 34 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES "SUITABILITY, OVER-CONCENTRATION, AND/OR BREACH OF FIDUCIARY DUTY CLAIMS." Alleged Damages: $138,872.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $104,154.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND THE BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (41 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, BREACH OF FIDUCIARY DUTY AND OVER-CONCENTRATION. Alleged Damages: $48,774.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $29,264.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/26/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES "SUITABILITY, OVER-CONCENTRATION, AND/OR BREACH OF FIDUCIARY DUTY CLAIMS." Alleged Damages: $48,774.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $29,264.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND THE BROKER DID NOT CONTRIBUTE TO NASD BrokerCheck March 18, 2005 Page 35 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) THE SETTLEMENT. ****** CUSTOMER COMPLAINT (42 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER COMPLAINT ALLEGING UNSUITABILITY, OVER-CONCENTRATION AND BREACH OF FIDUCIARY DUTY. Alleged Damages: $107,469.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $96,722.00 Individual Contribution: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/26/2004 Date Received: 12/20/2002 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES "SUITABILITY, OVER-CONCENTRATION, AND/OR BREACH OF FIDUCIARY DUTY CLAIMS." Alleged Damages: $107,469.00 Action Pending?: No Resolution: Settlement Resolution Date: 01/27/2004 Settlement Amount: $96,722.00 Individual Contribution: $0.00 Disposition Details: BROKER DENIES ANY WRONG DOING. MERRILL LYNCH SETTLED CASE TO AVOID LITIGATION EXPOSURE AND THE BROKER DID NOT CONTRIBUTE TO THE SETTLEMENT. ****** CUSTOMER COMPLAINT (43 of 47) ****** Reporting Source: Brokerage Firm (Form U-5) Date Reported: 06/24/2004 Date Received: 11/04/2002 Employing Brokerage Firm: MERRILL LYNCH, PIERCE, FENNER & SMITH INC. Allegations: CUSTOMER ALLEGES SECURITIES FRAUD, MISREPRESENTATION AND OMISSION, UNSUITABILITY, UNAUTHORIZED TRADING, BREACH OF CONTRACT AND BREACH OF FIDUCIARY DUTY. Alleged Damages: $250,000.00 Action Pending?: No NASD BrokerCheck March 18, 2005 Page 36 This information is current as of: 03/18/2005 ________________________________________________________________________________ NASD Registered Person: JOEL RALPH CESSNA CRD Number: 1686281 CUSTOMER COMPLAINTS(cont.) Resolution: Arbitration/Reparation Resolution Date: 11/04/2002 Arbitration/Reparation Details: NYSE #2002-010908 Service Date: 11/04/2002 Pending?: No Disposition: Settled Disposition Date: 12/15/2003 Monetary Compensation Amount: $181,125.00 Individual Contribution Amount: $0.00 Disposition Details: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/26/2004 Date Received: 11/04/2002 Employing Brokerage Firm: MERRILL LYNCH Allegations: CUSTOMER ALLEGES SECURITIES FRAUD, FRAUDULENT MISREPRESENTATION AND OMISSION, UNSUITABILITY, UNAUTHORIZED TRADING, BREACH OF CONTRACT AND BREACH OF FIDUCIARY DUTY. Alleged Damages: $250,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 11/04/2002 Arbitration/Reparation Details: NYSE #2002-010908 Service Date: 11/04/2002 Pending?: No Disposition: Settled Disposition Date: 12/15/2003 Monetary Compensation Amount: $181,125.00 Individual Contribution Amount: $