In Scott’s now famous MMTLP RICO lawsuit, Schwab is seemingly playing dirty.
This is an ever-changing story, but Schwab has admitted they lost evidence, including emails and telephone calls from Scott from March 2023.
By law, the broker should keep this information on file for up to four years.
Hours later Schwab says they found them.
Attorney Mark Basile, not the attorney for this case, points out “If Scott is right, he has a “spoliation” claim. He is also right that there is a “litigation hold” requirement that TDA’s attorneys should have informed their client of. In this case, if evidence was destroyed, Scott would receive the presumption of his version of facts, as true.”
We’ll have to see where this one goes. Now, Scott is rightfully demanding a copy of the phone call before he believes they actually have it.
Scott is also looking for other community members that were with TD Ameritrade or Schwab that were the victim of the “too late to cancel” trades of MMTLP.
Be sure to follow Scott on X at @Greenhills303 as we can’t keep up with all the wonderful info he’s dumping on this case!
