Motion for Writ in Barclays Capital Inc. v. Jorge Carreras, Carlos J. Molina| Trellis.Law

On October 25, 2017 a Exhibit,Appendix was filed involving a dispute between Barclays Capital Inc., and Carlos J. Molina, Jorge Carreras, for Commercial Division in the District Court of New York County.

Preview
iD: YORK OUN PK 04 7q DM INDEX NO. 656571/2017
NYSCEF BOC. NO. 63 RECEIVED NYSCEF: 04/11/2024

EXHIBITA
ED NEW OUN eA a 04 INDEX NO. 656571/2017
NYSCEF DOC. NO. 63 RECEIVEDE VG GRE o4/ 24/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- -X

BARCLAYS CAPITAL INC.,

Petitioner,
Index No.
v.

JORGE CARRERAS and CARLOS J. MOLINA,

Respondents.

wet eeeeeeneneee
ee neeneneneneneenenee

VERIFIED PETITION TO CONFIRM ARBITRATION AWARD

Pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 9, Petitioner Barclays

Capital Inc. (“Barclays”) hereby petitions the Court to confirm and enter judgment upon the

Stipulated Award entered and served on November 3, 2016 by a panel of three arbitrators in the

arbitration styled Barclays Capital Inc. v. Jorge Carreras and Carlos J. Molina, Financial

Industry Regulatory Authority ("FINRA") arbitration case number 15-00729 (the “Stipulated

Award"). A true and correct copy of the Stipulated Award as served by FINRA is attached as

Exhibit_A and incorporated by reference herein. In support of this Petition, Barclays

incorporates its concurrently filed Memorandum of Law in Support of Petition to Confirm

Arbitration Award and shows the Court as follows:
.
Parties, Juris ion, and Venue

1 Petitioner Barclays is a corporation incorporated under the laws of the State of

Connecticut with its principal place of business in New York, New York.

2 Respondent Jorge Carreras is a natural person whose current principal residence is

unknown, but who owns real estate located at 245 Kings Point Road, East Hampton, NY 11937.

Bates
No. 0001
of €
ED NEW OUN eA 04 INDEX NO. 656571/2017
NYSCEF DOC. NO. 63 RECEIVED: VHiGHE o4/ 24/2024

3 Respondent Carlos J. Molina is a natural person whose current principal residence

is unknown, but who owns real estate located at 121 Montauk Highway, East Hampton, NY

11937.

4 This Court has personal jurisdiction over Respondents by virtue of the fact that

they have substantial contacts with the State of New York, including—without limitation—their

participation in the FINRA arbitration proceeding in New York, New York resulting in the

Stipulated Award and their prior employment at the New York, New York office of Barclays

Capital Inc.

5 Venue is proper in this Court pursuant to New York Civil Practice Law and Rules

§ 503(a) because Barclays Capital Inc. resides in New York County. See N.Y. C.P.L.R. § 503.

Procedural tory

6 The parties submitted the underlying dispute to arbitration before FINRA. (Ex. A

at 1)

7 In their submission agreements, “The parties further agree[d] that a judgment and

any interest due thereon, may be entered upon such award(s) and, for these purposes, the parties

hereby voluntarily consent to submit to the jurisdiction of any court of competent jurisdiction

which may properly enter such judgment.” True and correct copies of Respondents’ submission

agreements are attached as Exhibit B. Furthermore, Rule 13904(a) of the FINRA Code of

Arbitration Procedure provides that “awards may be entered as a judgment in any court of

competent jurisdiction.”

8 Notice of the arbitration was duly given to both parties.

9 On or about September 19, 2016, the parties reached a Confidential Settlement

Agreement and Release (the “Settlement Agreement”) to settle the claims pending in the

arbitration. A true and correct copy of the Settlement Agreement is attached as Exhibit C.

Page 2 of 6
Bates
No. 0002
2 08 6
ED NEW OUN eA 04 INDEX NO. 656571/2017
NYSCEF DOC. NO. 63 RECEIVED: VHiGHE o4/ 24/2024

Pursuant to the Settlement Agreement, each Respondent agreed to individually pay Barclays

$1,000,000 (plus interest at the rate of 2.27% per year from November 3, 2016) on or before

June 30, 2017, $1,000,000 (plus interest at the rate of 2.27% per year from November 3, 2016)

on or before December 31, 2017, and $2,000,000 (plus interest at the rate of 2.27% per year from

November 3, 2016) on or before December 31, 2018. (Ex. C at 1-2)

10. As part of the Settlement Agreement, Respondents agreed to file a motion for

entry of the Stipulated Award. (Ex. C at 2) Respondents also agreed that Barclays would be

entitled to confirm, enforce, and collect on the Stipulated Award, and that Barclays would be

entitled to recover from Respondents any costs and reasonable attorneys’ fees incurred in

confirming and collecting upon the Stipulated Award. (/a.)

11. On or about September 19, 2016, the parties filed a Joint Motion for Entry of

Stipulated Award. A true and correct copy of the Joint Motion for Entry of Stipulated Award is

attached as Exhibit D. In the motion, Respondents “knowingly and voluntarily waive any right

to challenge or contest the Stipulated Award, including any right to vacate or modify the

Stipulated Award.” (See Ex. D)

12. On November 3, 2016 the arbitration panel executed the written Stipulated Award

in favor of Barclays and against Respondents. In the Award at page 4, the arbitration panel

ordered Respondents to comply fully and timely with all the terms of the parties’ Settlement

Agreement. The Stipulated Award further stated that each “Respondent is liable for and shall

pay to [Barclays] the costs and reasonable attorneys’ fees incurred by [Barclays] in confirming

and collecting upon this Award.” (Ex. A at 4) And, the Stipulated Award makes clear that in “a

judicial confirmation proceeding, Claimant may disclose and tender the Confidential Settlement

Agreement.” (/d.)

Page 3 of 6
Bates
No. 0003
3 0f 6
ED NEW OUN eA 04 INDEX NO. 656571/2017
NYSCEF DOC. NO. 63 RECEIVED: VHiGHE o4/ 24/2024

13. A true a correct copy of the Stipulated Award was delivered by FINRA to

Barclays and Respondents on November 3, 2016. Under 9 U.S.C. § 12, the time within which

Respondents had to move to vacate, modify, or correct the Award expired on February 3, 2017.

14. Respondents have failed to pay any of the amounts they were ordered to pay in

the Stipulated Award.

15. There has been no prior request for this or any similar relief from this or any other

court of competent jurisdiction.

16. To date, each Respondent currently owes Barclays $1,000,000, plus interest at the

rate of 2.27% per year from November 3, 2016, plus the costs and attorneys’ fees incurred and to

be incurred by Barclays in confirming and collecting upon the Stipulated Award.

17. Pursuant to the Stipulated Award and Settlement Agreement, each Respondent

must make future payments of $1,000,000 (plus interest at the rate of 2.27% per year from

November 3, 2016) on or before December 31, 2017 and $2,000,000 (plus interest at the rate of

2.27% per year from November 3, 2016) on or before December 31, 2018.

Request for Relief

WHEREFORE, based on the foregoing, Barclays respectfully requests that the Court

enter an Order:

a Confirming the Stipulated Award pursuant to the Federal Arbitration Act, 9

U.S.C. § 9;

Entering final judgment in favor of Barclays and against each Respondent,

individually, in the amount of $1,000,000, plus interest at the rate of 2.27% per

year beginning on November 3, 2016 and the costs and attorneys’ fees Barclays

has incurred in confirming and collecting upon the Stipulated Award;

c. Awarding Barclays post-judgment interest pursuant to N.Y. C.P.L.R. § 5003;

Page 4 of 6
Bates
No. 0004
4 of €
ED NEW OUN a INDEX NO. 656571/2017
NYSCEF DOC. NO. 63 RECEIVEDE VG GRE o4/ 24/2024

Ordering each Respondent, individually, to pay Barclays $1,000,000 (plus interest

at the rate of 2.27% per year from November 3, 2016) on or before December 31,

2017 and $2,000,000 (plus interest at the rate of 2.27% per year from November

3, 2016) on or before December 31, 2018; and

e Providing any such other and further relief as the Court deems appropriate.

Dated: New York, New York
October 25, 2017

Respectfully submitted,

COHEN & GRESSER LLP

By: /s/ Luke M. Appling
Luke M. Appling
800 Third Ave.
New York, NY 10022
(212) 957-7600

Of counsel:

David G. Russell
(admission pro hac vice pending)
PARKER HUDSON RAINER & DOBBS LLP
303 Peachtree Street NE
Suite 3600
Atlanta, GA 30308
(404) 523-5300

Attorneys for Petitioner Barclays Capital Inc.

Page 5 of 6
Bates
No. 0005
5 of 6
NEW eA a 04 a INDEX NO. 656571/2017
ED OUN [23/
NYSCEF DOC. NO. 63 RECEIVED: VG GiE A 94/ 24/2024

VERIFICATION

I, Alan B. Kaplan, verify that I am a corporate officer of Barclays Capital Inc. and, as

such, I am authorized to execute this Verification I have reviewed the Verified Petition, which I

understand has been compiled from a number of sources within Barclays Capital Inc. and with

the as: tance of Barclays Capital Inc.’s counsel. | verify under oath that the factual information

contained therein is true and correct to the best of my knowledge, information, and belief
tA
This 2 of October, 2017 tf”
Cc £-> AG FO

Alan B. Kaplan

Swom't toand subscribed before me
1
this _ 47° day of October, 2017.

=
“

/ Notary Public
2
My commission expires: ally

RICHARD R. EVA
Notary Public. State of New York
No. 01EV6331501
Qualified in New York County
Oct. 13, 2019

5132807_1 Page 6 of 6
Bates
No. 0006
6 of 6
ED NEW OUN 04 [23/2024 02:55 PM INDEX NO. 656571/2017
NYSCEF DOC. NO. G3 RECEIVEDE VG GRE jn4/23/2024

EXHIBITA

Bates
No. 0007
(FoI Ji_N y_¥( ORK COUNTY CLERK04/13/202%
04:35 PM) INDEX NO. 656571/2017
NYSEEF BOG. NO. 63 BEGET VEQe NYG BRE in 04/24/2024

Stipulated Award
FINRA Dispute Resolution

In the Matter of the Arbitration Between:

Claimant Case Number: 15-00729
Barclays Capital Inc.

vs.

Respondents Hearing Site: New York, New York
Jorge Carreras
Carlos J. Molina

consolidated with

Claimant Case Number: 15-00730
Barclays Capital Inc.

vs.

Respo indent Hearing Site: New York, New York
Carlos J. Molina

Nature of the Dispute:
15-00729: Member vs. Associated Person.
1415-00730: Member vs. Associated Person.
REPRESENTATION
OF PARTIES
1415-00729
For Claimant Barclays Capital Inc.: David G. Russell, Esq. and G. Wayne Hillis, Jr.,
Esq., Parker, Hudson, Rainer & Dobbs LLP, Atlanta, Georgia.

For Respondents Jorge Carreras (“Carreras”) and Carlos J. Molina (“Molina”),
hereinafter collectively referred to as “Respondents”: Jacob Buchdahl, Esq. and Arun
Subramanian, Esq., Susman Godfrey LLP, New York, New York.

15-00730
For Claimant Barclays Capital Inc.: David G. Russell, Esq. and G. Wayne Hillis, Jr.,
Esq., Parker, Hudson, Rainer & Dobbs LLP, Atlanta, Georgia.

Bates
No. 0008
Se oF [SSF — ——
COBRA PEL eae UL 2b) Din ANDEX NQ.. @36374/2017
NYSGEP AOE 107 $3 RECEIVED:
WWGEGE 04/21/2024

FINRA Dispute Resolution
Arbitration No. 15-00729
tipul: Page 2 of

For Respondent Carlos J. Molina: Jacob Buchdahl, Esq. and Arun Subramanian, Esq.,
Susman Godfrey LLP, New York, New York.

CASE
INFORMATION
1415-00729
Statement of Claim filed on or about: March 30, 2015.
Answer to Counterclaim filed on or about: June 17, 2015.
Barclays Capital Inc, signed the Submission Agreement: March 30, 2015.

Statement of Answer and Counterclaim filed by Carreras on or about: May 29, 2015.
Carreras signed the Submission Agreement: May 29, 2015.

15-00730
Statement of Claim filed on or about: March 30, 2015.
Answer to Counterclaim filed on or about: June 17, 2015.
Barclays Capital Inc. signed the Submission Agreement: March 30, 2015.

Statement of Answer and Counterclaim filed by Respondent Molina on or about: May
29, 2016.
Carlos J. Molina signed the Submission Agreement: May 29, 2015.

CASE SUMMARY
15-00729
Claimant alleged non-payment of the outstanding balance due under a certain
promissory note.

Respondent Carreras denied Claimant's claim and asserted various defenses and
counterclaims.

Claimant denied Carreras’ counterclaims and asserted various defenses.

15- 1730
Claimant alleged non-payment of the outstanding balance due under a certain
promissory note.

Respondent Molina denied Claimant's claim and asserted various defenses and
counterclaims.

Claimant denied Molina’s counterclaims and asserted various defenses.

Bates
No. 0009
ay ORY Cy rt =e) TAAELPAGS4
UL sa oD) TNPEX NAY. 93637172917,
Wc oe WO. bs RECET MERE Wath 94/21/2024

FINRA Dispute Resolution
Arbitration No. 15-00729
Wi P; 6

RELIEF REQUESTED
4 10729
Claimant requested compensatory damages in the amount of the outstanding principal
balance due under the promissory note, plus accrued interest, costs, and attorneys’
fees.

Respondent Carreras requested denial of Claimant's claim and an award on
Respondent's counterclaims of compensatory damages, interest, costs, attorneys’ fees,
and other relief.

Claimant requested Respondent Carreras’ counterclaims be denied in their entirety.

15-00730
Claimant requested compensatory damages in the amount of the outstanding principal
balance due under the promissory note, plus accrued interest, costs, and attorneys’
fees.

Respondent Molina requested denial of Claimant's claim and an award on
Respondents’ counterclaims of compensatory damages, interest, costs, attorneys’ fees,
and other relief.

Claimant requested Respondent Molina’s counterclaims be denied in their entirety.

OTHER
CONSIDERED
ISSUES AND DECIDED
The Arbitrators acknowledge that they have each read the pleadings and other
materials filed by the parties.

By correspondence dated July 15, 2015, the parties in FINRA case numbers 15-00729
and 15-00730 filed a Joint Motion to Consolidate the two cases. Pursuant to the Code of
Arbitration Procedure, the FINRA case numbers 15-00729 and 15-00730 were
consolidated.

The parties resolved their claims and by correspondence dated September 19, 2016,
submitted a Joint Motion for Entry of a Stipulated Award to FINRA Dispute Resolution.

The parties agreed that the Stipulated Award in this matter may be executed in
counterpart copies or that a handwritten, signed Stipulated Award may be entered.

Bates
No. 0010
Se
(PSEEO: 7 ry KA) PiZA ui DAR) TNDEX NO. @36574/2017
NYSEEF BOE. NO. 63 RECEIVER:
WWGEGE pn 04/21/2024

FINRA Dispute Resolution
Arbitration No. 15-00729
Stipulated Award Page 4 of 6

AWARD
The parties jointly moved the Panel to enter a Stipulated Award. Now, in lieu of a
hearing and upon motion of both parties for an entry of an award, and the written
stipulation thereto, the Panel grants the motion and enters this final award granting the
following relief:

1 The Panel grants the Joint Motion for Entry of a Stipulated Award.

2 Claimant and Respondents shall comply fully and timely with all the terms of the
Confidential Settlement Agreement.

Each Respondent is liable for and shall pay to Claimant the costs and reasonable
attorneys’ fees incurred by Claimant in confirming and collecting upon this Award in
the event of a payment default by that Respondent only. Respondents are not jointly
and severally liable for a payment default. In a judicial confirmation proceeding,
Claimant may disclose and tender the Confidential Settlement Agreement.

Except as specified above, Claimant and Respondents shall each bear its or his own
costs and attorneys’ fees incurred in this arbitration.

Any and all relief not specifically addressed herein is denied.

FEES
Pursuant to the Code, the following fees are assessed:

Filing Fee:
FINRA Dispute Resolution will retain or collect the non-refundable filing fees* for each
claim:
15-00729
Initial Claim Filing Fee =$ 4,000.00
Counterclaim Filing Fee =$ 2,250.00

“The filing fee is made up of a non-refundable and a refundable portion.

Bates
No. 0011
Se
(PSEEO: 7 ry KA) PiZA ui DAR) TNDEX NO. @36574/2017
NYSEEF DOE. NO. 63 RECEIVER:
WWGEGE pn 04/21/2024

FINRA Dispute Resolution
Arbitration No, 15-00729
id. P:

Member Fees
Member fees are assessed to each member firm that is a party in these proceedings or
to the member firm that employed the associated persons at the time of the events
giving rise to the dispute. Accordingly, as a party, Barclays Capital Inc. is assessed the
following:
15-00729
Member Surcharge =$ 3,600.00
Member Process Fee =$ 7,000.00
Adjournment Fees
The following adjournment fees are assessed:

15-00729
June 6-10, 2016, adjournment requested by Respondents = $ 1,500.00
September 26-30, 2016, adjournment requested by parties = $ 1,500.00

1. The Panel has assessed $1,500.00 of the adjournment fees to Claimant.
2. The Panel has assessed $1,500.00 of the adjournment fees jointly and severally to
Respondents.

Hearin ssion Fees and sessments
The Panel has assessed hearing session fees for each session conducted. A session is
any meeting between the parties and the arbitrators, including a pre-hearing conference
with the arbitrators, that lasts four (4) hours or less. Fees associated with these
proceedings are:

Three (3) Pre-hearing sessions @ $1,500.00/session =$ 4,500.00
Pre-hearing conferences: September 9, 2015 1 session
June 13, 2016 1 session
June 20, 2016 1 session
Total Hearing Session Fees =$ 4,500.00

1. The Panel has assessed $2,250.00 of the hearing session fees to Claimant.
2. The Pane! has assessed $1,125.00 of the hearing session fees to Carreras.
3. The Panel has assessed $1,125.00 of the hearing session fees to Molina.

All balances are payable to FINRA Dispute Resolution and are due upon receipt.

Bates
No. 0012
Te 4 INDEX NO. 656571/2017
ED OUN [23/2024 02:55 PM
NYSCEF DOC. NO. 43 RECEIVED: \YGBGE 94/ 24/2024

FINRA Dispute Resolution
Arbitration No. 15-00729
Stipulated Award Page 6 of 6

ARBITRATION PANEL

Anna M. Fanelli Public Arbitrator, Presiding Chairperson
James Stanley Kozera Public Arbitrator
Charles R. Morrison, Jr. Non-Public Arbitrator

|, the undersigned Arbitrator, do hereby affirm, pursuant to Article 7507 of the Civil
Practice Law and Rules, that | am the individual described herein and who executed this
instrument which is my award.

Concurring Arbitrators’ Signature:

a M. Fanelli
Wale
Signature Bate
blic Arbitrator, Presiding Chairperson

James Stanley Kozera Signature Date
Public Arbitrator

Charles R. Morrison, Jr. Signature Date
Non-Public Arbitrator

November 3, 2016
Date of Service (For FINRA Dispute Resolution office use only)

Bates
No. 0013
—¥ v7
(ey
7
ry cy
rp
Dat INDEX Ny. Q6971/2017,
Wyre! BOE RECETMEDE Writ a 04/2 1/2
We 024

FINRA Dispute Resolution
Arbitration No. 15-00729
Stipulated Award Page 6 of 6

ARBITRATION PANEL

Anna M. Fanelli E Public Arbitrator, Presiding Chairperson
James Stanley Kozera “ Public Arbitrator
Charles R. Morrison, Jr. Non-Public Arbitrator

Concurring Arbitrators’ Signature:

Anna M. Fanelli Signature Date
Public Arbitrator, Presiding Chairperson

\o\z1|\o\l
James Stanley Kozera Signature Date
Public Arbitrator

Charles R. Morrison, Jr. Signature Date
Non-Public Arbitrator

November 3, 2016
Date of Service (For FINRA Dispute Resolution office use only)

Bates
No. 0014
FILED] NEW Y¥¢ ORK COUNTY
CLE! G/23/20eER 4599 I ) ENDEX N@. @56571/2017
NYSCEF BOE. NO, 63 RECEIVERS
WG BSE in 04/24/2024

FINRA Dispute Resolution
Arbitration No, 15-00729
it rd Page 6 of 6

ARBITRATION PANEL

Anna M. Fanelli - Public Arbitrator, Presiding Chairperson
James Stanley Kozera . Public Arbitrator
Charles R. Morrison, Jr, is Non-Public Arbitrator

c curl tors’ Si: ature:

Anna M, Fanelli Signature Date
Public Arbitrator, Presiding Chairperson

James Stanley Kozera Signature Date
Public Arbitrator

LZ.
s R, Morrison, Jr.
a
79.124 lz0 46
Signature Date
Non-Public Arbitrator

November 3, 2016
Date of Service (For FINRA Dispute Resolution office use only)

Bates
No. 0015
ED NEW OUN 04 [23/2024 02:55 PM INDEX NO. 656571/2017
NYSCEF DOC. NO. 63 RECEIVEDE VG GRE jn4/23/2024

EXHIBIT B

Bates
No. 0016
NEW eA 04 a INDEX NO. 656571/2017
ED OUN [23/
NYSCEF DOC. NO 63 RECEIVED: VG GHE yy 94/ 24/2024

SARK YE :RALON Submission Agreement
Respondent(s)

In the Matter of the Arbitration Between
Name(s) of Claimant(s)

ZAROLIS CRAIC WG
tet
and
Name(s) of Respondent(s)

~ OrtE IEEEE
RS
a _

of
The undersigned parties (“parties”) hereby submit the present matter in controversy, as set forth in the attached statement
claim, answers, and all related cross claims, counterclaims and/or third-party claims which may be asserted, to arbitration in
accordance with the FINRA By-Laws, Rules, and Code of Arbitration Procedure,
The parties hereby state that they or their tepresentative(s) have read the procedures and rules of FINRA relating to arbitration
and the parties agree to be bound by these procedures and rules,
The parties agree that in the event a hearing is necessary, such hearing shall be held at a time and place as may be designated
by the Director of Arbitration or the arbitrator(s). The parties further agree and understand that the arbitration will be
conducted in accordance with the FINRA Code of Arbitratlon Procedure.

The parties agree to abide by and perform any awatd(s) rendered pursuant to this Submission Agreement. The parties further
agree that a judgment and any interest due thereon, may be entered upon such award(s) and, for these purposes, the parties
hereby voluntarily consent to submit to the jurisdiction of any court of competent Jurisdiction which may properly enter such
judgment.
5. The parties hereto have signed and acknowledged the foregoing Submission Agreement.

FORGE eectes
Respondent Name (please print)
MLAOC, Wy p AHIR AA ay LAS
vexponaht S Sign ature Date |
State capacity if other than individual (e.g., executor, trustee or corporate officer)

Respondent Name (please print)

Respondent's Signature Date
State capacity if other than individual (e.g, executor, trustee or corporate officer)

\f needed, copy this pa; ——————

23
Bates
No. 0017
NEW eA 04 INDEX NO. 656571/2017
ED OUN [23/ 43 Ph)
NYSCEF DOC. NO. 63 RECEIVED: VG GHE yy 94/ 24/2024

Submission Agreement
——s
Respondent(s)
In the Matterof the Arbitration Between
Name(s) of Claimant(s)

PNCERTS (APTA NC
and
Name(s) of Respondent(s)

__tAktee McvinA
— =

of
The undersigned parties (“parties”) hereby submit the present matter in controversy, as set forth in the attached statement
claim, answers, and all related cross claims, counterclaims and/or third-party claims which may be asserted, to arbitration In
accordance with the FINRA By-Laws, Rules, and Code of Arbitration Procedure,
The parties hereby state that they or their representative(s) have read the procedures and rules of FINRA relatingto arbitration,
and the parties agree to be bound by these procedures and rules,
The parties agree that in the event a hearing is necessary, such hearing shall be held at a time and place as may be designated
by the Director of Arbitration or the arbitrator(s). The parties further agree and understand that the arbitration will be
conducted in accordance with the FINRA Code of Arbitratlon Procedure.

The parties agree to abide by and perform any award(s) rendered pursuant to this Submission Agreement. The parties further
agree that a judgment and any interest due thereon, may be entered upon such award(s) and, for these purposes, the parties
hereby voluntarily consent to submit to the jurisdiction of any court of competent jurisdiction which may properly enter such
judgment.
The parties hereto have signed and acknowledged the foregoing Submission Agreement,

Chere VOulNa
i Ip Ad RA
Respondent Nam ease print

= A ey zi “Mog 2015
Respondent's Signature Date T
State capacity if other than individual (e.g., executor, trustee or corporate officer)

.
Respondent Name (please print)
=
Respondent's Signature Date
State capacity if other than individual (e.g., executor, trustee or corporate officer)

lf needed, copy this page.

23
Bates
No. 0018
INDEX NO. 656571/2017
NYSCEF DOC. NO. 63 RECEP RPIBYEAEF: 04/11/2024
(FILED: NEW YORK COUNTY CLERK 10/25/2017 04:39 PM INDEX NO. 656571/2017
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/25/2017

EXHIBITC

Bates
No. 0019
INDEX NO. 656571/2017
NYSCEF DOC. NO. 63 RECEP RPIBYEAEF: 04/11/2024
FILED: NEW YORK COUNTY CLERK Z P INDEX NO. 656571/2017
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/25/2017

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
This Confidential Settlement Agreement and Release (the “Agreement”) is entered into as

of September igi 2016 by and among Barclays Capital Inc. ("Barclays"), Jorge Carreras
("Carreras"), and Carlos Molina ("Molina"). Carreras and Molina are referred to as "IRs," and

Barclays, Carreras, and Molina are referred to as the “Parties.”

Bi ckground

Barclays filed FINRA arbitration claims against IRs in what was numbered Case No. 15-

00729 (consolidated with 15-00730) (the "Arbitration"). IRs asserted affirmative defenses and

counterclaims against Barclays in the Arbitration.

‘The Parties now desire to compromise and fully and finally settle their respective claims

as set forth in sections 4 and $ below, without any admission of linbility or wrongdoing by any
party, and the Parties believe that the terms of the Agreement are fair, equitable, and the result of

an arms-length, bargained for exchange.

Agreement

In consideration of the mutual promiscs, agreements, represcntations, warrantics, and

covenants herein contained, the Parties, intending to be legally bound, agree as follows:

1 Settlement Payment, Carreras and Molina each shall pay to Barclays $4,000,000
(the "Settlement Payment"), plus interest, in accordance with the following schedule: (a) on or

before June 30, 2017, Gurreras and Molina each shall pay to Barclays $1,000,000 plus interest on
the outstanding bulance of the Settlement Payment at the annual rate of 2.27% with such interest

beginning to accrue on the date that the Stipulated Award (defined below) is served by FINRA,
(b) on or before December 31, 2017, Carreras and Molina each shall pay to Barclays $1,000,000

plus interest on the outstanding balance of the Settlement Payment at the

Case Info

Judge

Nancy M. Bannon Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

April 11, 2024

Case Filing Date

October 25, 2017

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Exhibit,Appendix: Barclays Capital Inc. v. Jorge Carreras, Carlos J. Molina

Preview

Related Topics

Case Info

Parties