PROFILE - 2011
C. Goldberg, Esq.
Deutsch & Lipner, Esqs.
1325 Franklin Avenue, Suite 225
Garden City, New York 11530
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.
Mr. Goldberg’s past legal positions have included:
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;
Law Professor (tenured
University of Detroit);
New York Supreme
Arbitration Bar Association (“PIABA”)
Investors Arbitration Bar Association (“PIABA”); Founder, President
(Two-Terms), and General Counsel (Ten Years)
Mr. Goldberg has written a
number of books dealing with stockbroker fraud and securities arbitration, among
which are the following:
2003 Practice Guide to NASD Discovery and Pre-Hearing Proceedings
$1.3 billion Energy Income Limited Partnership Oil Scam
(Goldberg, 1992, 1993);
1991 Public Investor Recovery Guide and Arbitrator Source Book to Stockbroker
Fraud and Securities Arbitration
1991 Report on Punitive Damages in Securities Arbitration
(Volumes I and II, American Institute for Securities Regulation, 1978);
Trading Restrictions and Reporting Requirements for Insiders
(Law Journal Press, 1973); and
Placements and Restricted Securities
(Volumes I and II, Clark Boardman and Sage Hill, 1971>1979).
Mr. Goldberg is
both an attorney and an accountant.
First Law Degree: Cornell
Law School, J.D. 1966;
Second Law Degree: New
York University Graduate Law School, LL.M.-Corporate 1975;
Third Law Degree: New
York University Graduate Law School, LL.M.-General 1986.
Adelphi University, B.B.A. 1963. Staff Auditor Peat,
Marwick, & Mitchell
Mr. Goldberg has
been admitted to practice law before the following courts:
State of New York, 1966.
State of Connecticut,
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
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.
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.);
re Thomson McKinnon Securities,
191 B.R. 976, 985 (U.S. Bankruptcy Court, SDNY, 1996);
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);
v. Shearson, Hammill,
1978 WL 1115, fn-5, Fed.
Sec. L. Rep. P 96,568 (SDNY, 1978, Broderick, J.); and
U.S. SEC: Application
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)
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.
half-dozen most significant arbitration awards are:
Hickman v. PaineWebber
(NASD#90-03354, 1992), $2,231,160 or which $1,673,370 was punitive
v. Merrill Lynch (NYSE#01-09364,
2002) (first chaired with Seth E. Lipner) $3,000,000;
v. PaineWebber (NASD#91-00024,
v. Prudential-Bache Securities
v. Prudential-Bache Securities (NASD#89-00700,
1990), $1,007,000; and
v. Merrill Lynch (NASD#05-02267,
2006), $909,594 plus Attorney’s Fees.