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Note 13 - Commitments and Contingencies
12 Months Ended
Sep. 30, 2020
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
NOTE
13.
COMMITMENTS AND CONTINGENCIES
 
Litigation and Regulatory Matters
 
 
The Company and its subsidiaries are defendants or respondents in various pending and threatened arbitrations, administrative proceedings and lawsuits seeking compensatory damages. Several cases have
no
stated alleged damages. Claim amounts are infrequently indicative of the actual amounts the Company will be liable for, if any. Further, the Company has a history of collecting amounts awarded in these types of matters from its registered representatives that are still affiliated, as well as from those that are
no
longer affiliated. Many of these claimants also seek, in addition to compensatory damages, punitive or treble damages, and all seek interest, costs and fees. These matters arise in the normal course of business. The Company intends to vigorously defend itself in these actions, and the ultimate outcome of these matters cannot be determined at this time.
 
On
July 3, 2019,
a lawsuit was filed against National Securities Corporation, National Asset Management, Inc., the Company, the Company's current board members and certain former board members, certain officers of the Company, John Does
1–10,
and the Company as a nominal defendant, in the United States District Court for the Southern District of New York, captioned
Kay Johnson v. National Securities Corporation, et al., Case
No.
1:19
-cv-
06197
-LTS
. The complaint presents
three
purported derivative causes of action on behalf of the Company, and
five
causes of action by the plaintiff directly. As part of the derivative claims, the complaint generally alleges that certain of the individual defendants failed to establish and maintain adequate internal controls to ensure that the Board acted in accordance with its fiduciary duties to prevent and uncover alleged legal and regulatory misconduct and wrongdoing on the part of a National officer. As part of its claims brought directly by the plaintiff, the complaint generally alleges that certain individual and corporate defendants wrongfully terminated the employment of the plaintiff in violation of the Dodd-Frank Act and applicable common law, or conspired to do so. The complaint further alleges that certain corporate defendants violated the Equal Pay Act with regards to the plaintiff's compensation. The complaint seeks monetary damages in favor of the Company, an order directing the Company's board members to take actions to enhance the Company's governance, compensatory and punitive damages in favor of the plaintiff, and attorneys' fees and costs. On
February 2, 2020,
the plaintiff filed an amended complaint presenting additional causes of action. The Company has notified its insurer of the lawsuit and believes it has valid defenses to the asserted claims of the complaint. On
March 18, 2020,
the defendants filed a motion to dismiss the amended complaint. The plaintiff filed an opposition to the defendants' motion to dismiss on
April 15, 2020,
and the defendants filed a reply in further support of the motion to dismiss on
May 6, 2020.
 
Liabilities for potential losses from complaints, legal actions, government investigations and proceedings are established where management believes that it is probable that a liability has been incurred and the amount of loss can be reasonably estimated. In making these decisions, management bases its judgments on its knowledge of the situations, consultations with legal counsel and its historical experience in resolving similar matters. In many lawsuits, arbitrations and regulatory proceedings, it is
not
possible to determine whether a liability has been incurred or to estimate the amount of that liability until the matter is close to resolution. However, accruals are reviewed regularly and are adjusted to reflect management's estimates of the impact of developments, rulings, advice of counsel and any other information pertinent to a particular matter. Because of the inherent difficulty in predicting the ultimate outcome of legal and regulatory actions, management cannot predict with certainty the eventual loss or range of loss related to such matters.
 
In accordance with applicable accounting standards, the Company establishes an accrued liability for contingent litigation and regulatory matters when those matters present loss contingencies that are both probable and can be reasonably estimated. In such cases, there still
may
be an exposure to loss in excess of any amounts reasonably estimated and accrued. When a loss contingency is
not
both probable and estimable, the Company does
not
establish an accrued liability, but continues to monitor, in conjunction with any outside counsel handling a matter, further developments that would make such loss contingency both probable and reasonably estimable. Once the Company establishes an accrued liability with respect to a loss contingency, the Company continues to monitor the matter for further developments that could affect the amount of the accrued liability that has been previously established, and any appropriate adjustments are made each quarter. 
 
In making these decisions, management bases its judgments on its knowledge of the situations, consultations with legal counsel and its historical experience in resolving similar matters. In many lawsuits, arbitrations and regulatory proceedings, it is
not
 possible to determine whether a liability has been incurred or to estimate the amount of that liability until the matter is close to resolution. 
 
Because of the broad differences in value ascribed to each case by each plaintiff and the Company, management cannot estimate the possible loss or range of loss, if any, in excess of any amounts reasonably estimated and accrued.
 
As of
September 30, 2020
and
2019
, the Company accrued approximately
$920,000
 and 
$1,817,000
 respectively in liabilities for contingent litigation and regulatory matters. These amounts are included in accounts payable and other accrued expenses in the statements of financial condition. Amounts charged to operations for settlements and potential losses in fiscal years 
2020
 and 
2019
 were 
$682,000
 and 
$3,008,000
 respectively. These are amounts are included in other administrative expenses in the statement of operations. The Company has included in professional fees litigation and arbitration related expenses of 
$2,623,000
 and  
$2,052,000
 for fiscal years 
2020
 and 
2019
, respectively.
 
Other Commitments
 
As of
September 30, 2020
and
2019
, the Company and its subsidiaries had
one
outstanding letter of credit, issued as security for a property lease, and is collateralized by the restricted cash as reflected in the statements of financial condition.