SunTrust Avoids FINRA Arbitration Concerning The Sale of RMBS

On May 16, Judge Naomi Reice Buchwald of the United States District Court for the Southern District of New York granted a permanent injunction against hedge fund Turnberry Capital Management LP (Turnberry) in its attempt to compel a FINRA proceeding against SunTrust Banks Inc. (SunTrust).  Judge Buchwald held that because Turnberry did not purchase the RMBS at issue from SunTrust, it was not a customer of the SunTrust unit that underwrote the securities and therefore could not compel SunTrust to arbitrate.  Turnberry had purchased the securities at issue from the brokerage firm Raymond James & Associates, Inc.  Decision.