-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, S9x+khpy2bHooqBSNFBWR2xJ298/By/EB5d+wAJ9F6UxxwRU/FNspWP3xFZqV43q PF7IIQ1z6wH8ACUTH1WHDw== 0001089355-03-000416.txt : 20030919 0001089355-03-000416.hdr.sgml : 20030919 20030919150032 ACCESSION NUMBER: 0001089355-03-000416 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030918 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030919 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SIEBERT FINANCIAL CORP CENTRAL INDEX KEY: 0000065596 STANDARD INDUSTRIAL CLASSIFICATION: SECURITY BROKERS, DEALERS & FLOTATION COMPANIES [6211] IRS NUMBER: 111796714 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-05703 FILM NUMBER: 03902556 BUSINESS ADDRESS: STREET 1: 885 THIRD AVENUE STREET 2: SUITE 1720 CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 2126442400 MAIL ADDRESS: STREET 1: 885 THIRD AVENUE STREET 2: SUITE 1720 CITY: NEW YORK STATE: NY ZIP: 10022 FORMER COMPANY: FORMER CONFORMED NAME: MICHAELS J INC DATE OF NAME CHANGE: 19950221 8-K 1 siebert8k91803-8368.htm CURRENT REPORT Current Report on Form 8-K

 

UNITED STATES SECURITIES AND
EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

FORM 8-K

 

Current Report

 

Pursuant to Section 13 or 15(d) of the Exchange Securities Act of 1934

 


 

Date of Report (Date of earliest event reported):
September 18, 2003

 


 


SIEBERT FINANCIAL CORP.

(Exact Name of Registrant as Specified in its Charter)



        New York        

        0-5703        

        11-1796714        

(State or Other Jurisdiction

     of Incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)


885 Third Avenue, New York, New York  

 

(Address of Principal Executive Offices)  

 


10022
  
(Zip Code)  


 

(212) 644-2400

(Registrant's Telephone Number, Including Area Code)

 

Not Applicable

(Former Name or Former Address, If Changed Since Last Report)

 

 

 

 


 

 


Item 5.  Other Events

Muriel Siebert & Co., Inc., a wholly-owned subsidiary of Siebert Financial Corp., filed a lawsuit late yesterday in New York State Supreme Court against Intuit Inc. and issued the press release filed herewith as Exhibit 99.1. The lawsuit alleges, among other things, breach of contractual obligations; breach of fiduciary duties; misrepresentation and/or fraud; and other claims relating to Quicken® Brokerage powered by Siebert, a strategic alliance between the two companies.

Item 7.  Financial Statements, Pro Forma Financial Information and Exhibits.

(c)  Exhibits.

99.1

Press release dated September 18, 2003.









 


SIGNATURES


Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


 

SIEBERT FINANCIAL CORP.

Date: September 19, 2003

By: /s/ Joseph Ramos

Name: Joseph Ramos

Title:

Chief Financial Officer









EX-99.1 3 x99-1.htm PRESS RELEASE Exhibit 99.1 - Press Release

Exhibit 99.1



CONTACT:
Terri Cohen or Marcia Horowitz
Rubenstein Associates
212-843-8018 or 212-843-8014

FOR IMMEDIATE RELEASE


MURIEL SIEBERT & CO. FILES BREACH OF CONTRACT LAWSUIT AGAINST INTUIT


NEW YORK, September 18, 2003 -- Muriel Siebert & Co, Inc. ("Siebert & Co."), a wholly owned subsidiary of Siebert Financial Corp. (NASDAQ: SIEB), filed a lawsuit late yesterday in New York State Supreme Court against Intuit Inc. (NASDAQ: INTU). The lawsuit alleges, among other things, breach of contractual obligations; breach of fiduciary duties; misrepresentation and/or fraud; and other claims relating to Quicken® Brokerage powered by Siebert ("Quicken Brokerage"), a strategic alliance between the two companies. Siebert & Co. is seeking not less than $11.1 million in compensatory damages and $33.3 million in punitive damages.


Quicken Brokerage was a product resulting from a strategic alliance agreement entered into by Siebert & Co. and Intuit on April 29, 2002. The agreement was, in effect, a co-brokerage agreement between the two companies. Intuit was to provide certain Web resources and target its "unique and financially-sophisticated customer base" of 15 million customers for the promotion of brokerage services, with Siebert & Co. acting as broker-dealer to the mutual benefit of both.


"Intuit approached Siebert & Co. because Intuit had planned to enter into the brokerage industry in a meaningful way," said Dean Yuzek, partner in the firm Ingram Yuzek Gainen Carroll & Bertolotti, LLP, which filed the complaint on behalf of the brokerage company. According to the complaint, Intuit moved away from that strategy to focus on small business and tax. Siebert & Co. also alleges that, because of Intuit's lack of commitment to the agreement into which it had entered, the alliance was a complete failure, costing Siebert & Co. millions of dollars.


According to the complaint, shortly after the launch of Quicken Brokerage in September 2002, Intuit "unilaterally changed the original Business Model projections downward" and allegedly failed to properly market the joint brokerage product in accordance with the strategic alliance agreement.


The lawsuit also alleges that Intuit entered into the agreement with Siebert & Co. with "gross negligence and in reckless disregard" of alleged restrictions in other agreements to which Intuit is a party. The complaint alleges that after Intuit induced the brokerage company to enter into the strategic alliance for Quicken Brokerage, Intuit soon realized that it was jeopardizing its profitable relationships with Schwab, Fidelity and other of Siebert & Co.'s competitors. Siebert & Co. alleges that while Intuit remained a party to the strategic alliance agreement, it failed to properly support the alliance or to undertake the "commercially reasonable efforts" to which it had committed for the purpose of promoting Quicken Brokerage.


"Going through the motions and appearing to support the strategic alliance was an inconsequential investment for a billion dollar company like Intuit," said Yuzek. According to the complaint filed by Yuzek for Siebert & Co., Intuit - in bad faith - "permitted the strategic alliance to founder and die," and did so "without regard for the consequences to Siebert & Co."


Siebert Financial Corp. (NASDAQ: SIEB) is a holding company which conducts all its operations through its wholly- owned subsidiary, Muriel Siebert & Co., Inc. ("Siebert"). A member of the New York Stock Exchange, Siebert was one of the first stock brokerage firms in the U.S. to adopt a discounted commission schedule on May 1, 1975, when discounting was first permitted.


Siebert conducts its municipal investment banking activities through Siebert, Brandford, Shank & Co., LLC, its 49 percent-owned affiliate specializing in municipal and financial advisory services.


Siebert is based in New York City with additional retail branches in Jersey City, Beverly Hills, and Boca Raton, Naples, Palm Beach and Surfside, FL. In addition, Siebert, Brandford, Shank & Co. has offices in New York City, San Francisco, Los Angeles, Seattle, Houston, Chicago, Detroit, Miami, Washington D.C. and Dallas.


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