Stuart C. Goldberg, Esq.

(Retired)

 

11665 E Del Timbre Dr.
Scottsdale, AZ  85259

PHONE: 480-488-4555

EMAIL: stugoldberg@msn.com

 

Education

  • LL.M, 1986, New York University Graduate Law School, General 

  • LL.M, 1975, New York University Graduate Law School, Corporate Law

  • J.D., 1966, Cornell Law School         

  • B.B.A., 1963, Adelphi University, Accounting

  • Mr. Goldberg is both an attorney and an accountant.

 

Areas of Expertise

  • Stuart C. Goldberg is a practicing attorney who has devoted four decades to the representation of public investors in connection with their disputes against brokerage firms such as Merrill Lynch, Salomon Smith Barney, PaineWebber, Prudential-Bache, Dean Witter Reynolds, and Oppenheimer & Co.

 

Positions  

  • Federal Department of Justice—Assistant United States Attorney (EDNY);

  • Securities and Exchange Commission—Enforcement Attorney (NYRO);

  • New York Stock Exchange—Assistant Director and Principal Liquidator;

  • University of Detroit— Law Professor (tenured);

  • New York Supreme Court—Special Master;

  • Public Investors Arbitration Bar Association (“PIABA”)—Founder, President (Two-Terms), and General Counsel (Ten Years);

  • Peat, Marwick, & Mitchell—Staff Auditor

 

Publications

  • Mr. Goldberg has written a number of books dealing with stockbroker fraud and securities arbitration, among which are the following:

  • PIABA’s 2001 Practice Guide to NASD Discovery and Pre-Hearing Proceedings (PIABA, 2000);

  • Prudential-Bache’s $1.3 billion Energy Income Limited Partnership Oil Scam (Goldberg, 1992, 1993);

  • PIABA’s 1991 Public Investor Recovery Guide and Arbitrator Source Book to Stockbroker Fraud and Securities Arbitration (PIABA, 1991);

  • PIABA’s 1991 Report on Punitive Damages in Securities Arbitration (PIABA, 1991).

  • Fraudulent Broker-Dealer Practices (Volumes I and II, American Institute for Securities Regulation, 1978);

  • SEC Trading Restrictions and Reporting Requirements for Insiders (Law Journal Press, 1973); and

  • Private Placements and Restricted Securities (Volumes I and II, Clark Boardman and Sage Hill, 1971>1979).

 

Expert Witness

  • Mr. Goldberg has been an expert witness in fifty-six matters concerning securities fraud including appearances before ten federal judges: SDNY-Judge Cedarbaum; WDNY-Judge Telesca; N.D.Cal.-Judge Williams; E.D.Mich.-Judges Alsop, Gilmore and Hungate; W.D.Mich.-Judge Gibson; N.D.Ga-Judges Edenfield, Evans and Ward; and N.Y.Su.Ct.-Judge Shorter.  Those who have retained Mr. Goldberg as an expert witness include the United States Securities and Exchange Commission, and the States of Arizona and Oklahoma.  The brokerage firms against which Mr. Goldberg has testified include: A.G. Becker, Advest, Bache, Dean Witter, E.F. Hutton, Kidder Peabody, Lester Ryans, Merrill Lynch, Moseley, Olde, Oppenheimer, Paine Webber, Piper Jaffray, Prudential-Bache, Shearson, Smith Barney, and WM. C. Roney. Several matters resulted in investor awards including punitive damages, the most notable of which was the matter of Peterson v. E.F. Hutton in which punitive damages were awarded to the claimant in the amount of $1,000,000.

 

Court Citations

  • Mr. Goldberg’s legal writings have been cited by the following Federal Courts and by the SEC:

  • U.S. 5 CIR:  Regional Properties v. Financial And Real Estate Consulting Company, 678 F.2d 552, FN 17 (5 Cir. 1982); Miley v. Oppenheimer, 637 F.2d 318 (5th Cir. 1981, Goldberg, J.);

  • U.S. BANKRUPTCY COURT: In re Thomson McKinnon Securities, 191 B.R. 976, 985 (U.S. Bankruptcy Court, SDNY, 1996);

  • U.S. DISTRICT COURTS: Jaksich v. Thomson McKinnon Securities, 582 F.Supp. 485, 496 FN12 (SDNY, 1984); Coronado Credit Union v. Bevill, Bresler & Schulman, Fed. Sec. L. Rep. P 99,715 (DNM, 1983); Jenny v. Shearson, Hammill, 1978 WL 1115, fn-5, Fed. Sec. L. Rep. P 96,568 (SDNY, 1978, Broderick, J.); and

  • U.S. SEC:  Application of Hirsh, SEC 34-43691 FN7 (SEC, 2000); Barbato v. Frause, SEC, File No. 3-8575, pages 24, 26 (SEC, 1996); Matter of Zessinger, SEC File No. 3-8838, FNs 37, 39 (SEC, 1996)

 

Punitive Damage Awards

  • In addition to Mr. Goldberg’s having served as an expert witness in the Peterson v. E.F. Hutton matter, in which punitive damages were awarded to the claimant in the amount of $1,000,000, Mr. Goldberg has also been the attorney for 20 clients who have also received punitive damage awards, the most significant of which was Hickman v. PaineWebber (NASD#90-03354), in which all four of his clients received punitive damages totaling $1,673,370.

 

Significant Awards

  • Mr. Goldberg’s half-dozen most significant arbitration awards are:

  • Hickman v. PaineWebber (NASD#90-03354, 1992), $2,231,160 of which $1,673,370 was punitive damages;

  • Weingarten v. Merrill Lynch (NYSE#01-09364, 2002) (first chaired with Seth E. Lipner) $3,000,000;

  • Cherry v. PaineWebber (NASD#91-00024, 1996), $2,732,500;

  • Flanagen/Rhynard/Link v. Prudential-Bache Securities (NASD#91-00001, 1996), $982,247;

  • Coke v. Prudential-Bache Securities (NASD#89-00700, 1990), $1,007,000; and

  • Weyrauch v. Merrill Lynch (NASD#05-02267, 2006), $909,594 plus Attorney’s Fees.

 

Court Admissions

  • United States District Courts for the Eastern and Southern Districts of New York, 1967

  • United States Courts of Appeal for the Second and Sixth Circuits, 1968

  • United States Supreme Court, 1971