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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): JUNE 4, 2008
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MERRIMAN CURHAN FORD GROUP, INC.
(Exact Name of Registrant as Specified in Charter)
DELAWARE 001-15831 11-2936371
(State or Other Jurisdiction (Commission File Number) (IRS Employer
of Incorporation) Identification No.)
600 CALIFORNIA STREET, 9TH FLOOR, 94108
SAN FRANCISCO, CALIFORNIA (Zip Code)
(Address of Principal Executive Offices)
Registrant's telephone number, including area code (415) 248-5600
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
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Item 8.01 Other Events
Merriman Curhan Ford (the "Firm") announced today that in addition to the
previous matters set forth in the Form 8-K filing made on May 29, 2008, three
civil cases have now been filed by third-party lenders against the Firm, William
Del Biaggio III and a former retail broker of the Firm. The lenders allege that
Mr. Del Biaggio defaulted on multi-million dollar loans obtained from these
lenders. The complaints further allege that the broker, while still employed
with Merriman Curhan Ford, signed account control agreements purporting to
pledge various retail client stock accounts as collateral for the Del Biaggio
loans.
Merriman Curhan Ford has determined that if the broker signed these agreements,
he was not authorized to do so, nor was he permitted to pledge any assets in
those accounts for loans by third parties to Mr. Del Biaggio. The law suits
filed to date seek damages in excess of $17 million. The Firm anticipates that
additional claims will be asserted against it by Mr. Del Biaggio's lenders.
Merriman Curhan Ford has notified the 10 clients whose accounts could have been
affected by the unauthorized use of their account information.
Merriman Curhan Ford is not aware of any loss actually suffered by any of its
clients and has taken additional measures to safeguard these assets on behalf of
its clients. Merriman Curhan Ford intends to vigorously defend the allegations
made against it and believe the claims have no merit.
Merriman Curhan Ford has terminated the employment of the broker who previously
had been suspended, effective June 4, 2008. The Firm continues to cooperate with
the Securities and Exchange Commission and the United States Attorney's Office
in San Francisco in their investigations.
SIGNATURE
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.
MERRIMAN CURHAN FORD GROUP, INC.
Date: June 4, 2008 By: /s/ D. JONATHAN MERRIMAN
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D. Jonathan Merriman
Chief Executive Officer
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