“[Monex] systematically underpaid their employees[...]“

“Defendants systematically underpaid their employees, including Plaintiffs and the California Wage Class, by holding back a significant portion of earned commissions, and then either paying the wages later than the time required under Labor Code section 204 or simply not paying them at all. Defendants also deducted minimum wages previously paid from commissions earned thereafter.”...

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“[Monex] failed to pay the minimum wage [...]“

“Defendant has failed to pay the minimum wage to members of the FLSA Collective Group, in violation of 29 U.S.C. section 206.” “Defendants have failed to pay the minimum wage to Plaintiffs and other members of the California Wage Class, in violation of California Labor Code sections 1182.11, 1182.12, and 1194.” “[...] Defendants were required to compensate Plaintiffs...

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“[Monex] failed to pay overtime wages [...]“

“Defendants have failed to pay overtime wages to members of the FLSA Collective Group, in violation of FLSA Section 207.” “Defendants have failed to pay overtime wages to Plaintiffs and other members of the California Wage Class, in violation of California Labor Code sections 510 and 1194.” “[...] Defendants were required to compensate Plaintiffs for all overtime...

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“[...] Monex [...] is liable for the federal tax assessments[...] in the amount of $378,237,162.42″

13. The term “Monex Enterprise” refers to the collective activity of the entities specified above in the leveraged sale of precious metals to the public. 14. The term “New Monex Entities” refers to Comco Management Corporation, Concord Funding LLC, Metco Management Corporation, Monex Credit Company, Monex Deposit Company, and Newport Service Corporation. 15. The term “Principals of the...

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Right of Rescission

“Had Weiss been permitted to rescind totally as allowed under the rules, his market losses would have been $40,000. [...] Monex’s failure to accord him this right resulted in actual losses of $211,874.46.” “Respondents contend that by holding onto the positions (through November of 1989) after the confrontation regarding complainant’s right to rescind in November of 1988,...

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“[T]rading in Complainant’s account was excessive [...]“

“[T]rading in Complainant’s account was excessive in light of Complainant’s trading objectives. [...]” “At the time Complainant first contacted Monex and spoke with Alatis, he was about seventy-three years old, retired with no wage income and his wife was ill. He had never before invested in commodity futures. It is clear Complainant was not a suitable investor....

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