Clients

Rob and Raya Zakir

Client household (Del Mar, CA); the "Ascent Group" DB plan and 401(k) plans belong to this relationship
Where things stand
  • 2026-09-11, the package date Derek gave them in writing: no package went. Brandon emailed instead that the internal review is complete and asked for a call the same day or next week. No reply from either client by 06:30 ET 2026-09-12. Their own escalation clock ("end of next week" from 2026-09-02) has also run.
  • What the Firm now holds and has not sent: the reconciliation site with every credit scenario, the matter folder with agreements and the 2026 timeline (DocuSign for 1% sent 2026-04-20, expired; resent 2026-06-09, declined by Rob 2026-07-02), and an AppRiver export of all email 2016–2026 showing no message ever stated 1% or 1.25% before 2026.
  • Written fee complaint received the evening of 2026-09-02 ("FORMAL NOTICE: Unresolved overcharging issue since 2018"): four demands with an end-of-day 2026-09-04 deadline, and escalation to FINRA, the SEC, the California regulator, and Colorado DORA, possibly with an attorney, if no substantive written response by "end of next week".
  • Derek replied in writing on 2026-09-03: document package 2026-09-11, written reconciliation 2026-10-02, no figure until the work is done, complaint formally logged and referred to Brandon as CCO with his phone number, call proposed for 2026-09-04.
  • Fee history, reconstructed and delivered 2026-09-04: 2.00% on the three original accounts April 2016 – October 2018 ($21,983); the DB plan distributed October 18–22, 2018 in five legs, with a $7 residual closed March 19, 2019; then 2.20% — not 2.00% — on the two Olive Branch 401(k)s November 2018 – August 2026 ($65,994), because the Dual MAP signed October 15–17, 2018 set a flat 2.20%. The joint account has been at 1.00% since its first bill in April 2023. The 1.00% reduction was instructed internally April 20, 2026 and completed August 31, 2026 — 133 days, five client follow-ups in between. ([record](../../records/2026-09-04_Derek-Brandon_teams_Zakir-Fee-Analysis-Delivered.md))
2open asks of you
Relationship to JT
JT owns the fee reconciliation as Compliance (with Brandon as CCO); Derek is the IAR
Email
on file in Box and in the raw email record, not here
Channels
Email to Derek (JT and Brandon copied on Derek's replies); Zoom (2026-07-01 transcript referenced in the matter file)
Box folder
Client Files (link via the matter file); working analysis in Box under TCM Firm File - Derek Eichenwald / Compliance Record / Zakir Record
Related files
E:\Desktop\Zakir Record\README.md (matter file: agreements, exports, correspondence, reconciliation workbook, compliance memo)
Last meeting
none logged; last correspondence 2026-09-11 → record; matter last advanced internally 2026-09-11 → record
Last updated
2026-09-12

Focused on

  • Not on file for this window; neither client wrote. The Firm moved: Brandon told them the review is complete and asked for a call; the promised document package did not go. record
  • Not on file for this window; neither client wrote. The firm moved: the CCO acknowledged their notice directly and the complaint review was directed to the 2026 Q3 client-complaint folder. record
  • Documentation, a line-by-line reconciliation, and a reimbursement timeline, in writing; they will not treat the lower rate as a substitute for reimbursement. record
  • Getting a written reconciliation and credit for fees above the rate they believe was agreed, with a complaint threatened. Zakir Record README

Asking me for

  • Through Derek, four items by end of day 2026-09-04: the agreements with all fee schedules, disclosures, and amendments; a complete accounting of every fee since 2018 mapped to the disclosed terms in effect; a written explanation of each discrepancy; a concrete reimbursement plan and timeline. Status: open; Derek substituted 2026-09-11 (package) and 2026-10-02 (reconciliation). record (Notion: not pushed)
    open
  • Through Derek: a document package by 2026-09-11 and a written reconciliation by 2026-10-02. Status: open. Zakir Record README · record
    open

Concerns and frustrations

  • Trust extended on a personal recommendation ("I came to you as Moe's family") and not honored; months of "under investigation" with nothing in writing; will escalate to regulators and may engage an attorney. record
  • Rob's request to speak with the Compliance Officer went unanswered. record
  • Believe they were overcharged since 2018 and that a 1% rate was promised; frustrated enough to put it in writing and threaten a complaint. Zakir Record README · record

Doable vs. not doable

  • The 2026-09-11 document package → needs a decision now that the date has passed; the contents are assembled. The credit decision → still Brandon's; the review he calls complete has not produced a number on the record. record · Teams
  • CCO direct contact → done. What is left with Brandon is the credit decision and the complaint-register entry, and his own letter now commits the firm to "an appropriate resolution," which makes arriving at 2026-09-11 undecided more costly than it was. record
  • The remaining credit question → needs a decision, and it is Derek's route call with Brandon's CCO credit call behind it. JT's own read in writing: "Now it's really Derek's call what he decides to do." The reconstruction itself is closed. record
  • Their 2026-09-04 deadline → not met by design; Derek replaced it with his dates, and his 2026-09-11 lands on their "end of next week" escalation edge. The package is doable from the matter file; the reconciliation needs the baseline decision and a test of Derek's TPA-bundling explanation. record
  • Decant date found in the Black Diamond transactions (10/18–10/22/2018) and the credit is computed under every basis in the workbook's Scenarios tab; the contract basis is $0 because the signed agreements were 2% / 2.2% / 1%, so what remains for Brandon is a goodwill decision, not a reconciliation question. (corrected 2026-09-03 by JT) record · record

How to work with them

  • Two CCO emails in five days (09-07 acknowledgment, 09-11 call request) and no reply to either. They answered Derek's dated commitments in writing; they have not answered invitations to talk. record
  • They respond to dates in writing; Derek's reply answered "the same way — directly, and with dates I will keep." Keep every commitment dated and met. record
  • Derek proposed a call for the afternoon of 2026-09-04 and asked for a time and number; per Rob they are generally available in the afternoon. record

Crossover

  • touches Brandon Drespling, Derek Eichenwald, Jamar Anderson: Brandon's email went out with Derek copied and out of office; JT's package, timeline and 2016–2026 email export were handed to Brandon the same morning; Jamar supplied the Redtail address that completed the export. record · Brandon Teams · Jamar
  • touches Brandon Drespling and Derek Eichenwald: Brandon wrote to the clients as CCO, copying JT and Derek, satisfying the direct-contact promise Derek made them on 2026-09-03. Separately, Brandon directed that the entire complaint review be filed to Box\Triumph Capital Management\Team\1_COMPLIANCE FOLDER\CLIENT COMPLAINTS\CLIENT COMPLAINTS\2026\2026-Q3_Client Complaint Review in addition to the client file, with the formal Compliance Submission held until the matter settles. record · record
  • touches Jamar Anderson and Derek Eichenwald: Jamar located both 2026 DocuSign envelopes and Rob's 7/2/2026 decline at JT's request, closing the April-to-June gap; JT put the remaining decision with Derek. record
  • touches Derek Eichenwald and Brandon Drespling: Derek asked JT to reconstruct the whole fee timeline against four questions; JT delivered it the same day to both, and it is with Derek for the route decision and Brandon for the CCO credit call. Brandon is holding his own promised client contact until Derek drafts. record · record
  • touches Derek Eichenwald (IAR, made the commitments in writing), Brandon Drespling (named to them as CCO with his phone number; owes them a direct contact and the memo review), Jamar Anderson (flagged the complaint to JT before Derek's reply; searching for the 2% MAP or agreement). record · record · record
  • touches Derek, Brandon, Jamar: JT shared the Zakir Record analysis folder in their group chat; the analysis did not yet account for the 2% fee. record
  • touches Derek Eichenwald, Brandon Drespling, Jamar Anderson: the fee matter as discussed in the JT and Derek weekly. record

Decisions log

  • Brandon, as CCO: propose a call rather than send the written package on the promised date. record
  • Brandon, as CCO: contact the clients directly in writing rather than waiting further on Derek's response. record
  • Brandon: the entire complaint review files to the 2026 Q3 client-complaint folder in addition to the client file; the formal Compliance Submission waits until the matter is resolved. record
  • JT: the fee timeline is complete; what remains is Derek's decision on how to respond, not further reconstruction. record
  • JT: treat 3/30/2016 – 4/19/2017 (no TCM agreement located; March 2016 scans checked, nothing there) as the same 2% as the 2017 MAP, and rebuild every deliverable on the verified contract rates (2% / 2.2% / 1%). Zakir Record README
  • Derek, in writing: the 1% agreement does not settle the history; document package 2026-09-11; written reconciliation 2026-10-02; no figure before the work is done; complaint formally logged and referred to the CCO. record
  • Derek committed in writing to the 2026-09-11 package and 2026-10-02 reconciliation. Zakir Record README · record

Meeting log

DateTitleRecord
2026-09-11
CCO says the internal review is complete and proposes a call (email, JT copied)
2026-09-11
Discussed in: Zakir package handed to the CCO; AppRiver sweep (Brandon Teams)
2026-09-11
Discussed in: alternate client email addresses (Jamar Teams)
2026-09-07
Brandon's CCO acknowledgment to Raya and Rob (email, JT and Derek copied)
2026-09-07
Discussed in: complaint filing location and Compliance Submission timing (Teams, Brandon)
2026-09-06
Discussed in: DocuSign timeline located, Rob's 7/2/2026 decline (Teams, Jamar)
2026-09-04
Discussed in: Derek's fee reconstruction ask (Teams 1:1)
2026-09-04
Discussed in: the reconstruction delivered; agreements and MAP language reviewed with Brandon (Teams)
2026-09-02
Their formal notice to Derek (email, quoted in Derek's reply)
2026-09-03
Derek's written response, JT and Brandon copied (email)
2026-09-03
Discussed in: Portal Launch, Compliance & Tech Update (Derek)
2026-09-03
Discussed in: Jamar's Potential Complaint heads-up (email)
2026-09-03
Discussed in: Zakir billing analysis shared (group chat)
2026-09-03
Discussed in: Jamar's fee baseline check-in (Teams)

History

  • How to work with them and Decisions log bullets cited the Derek email by mail URI (linkOutlook). superseded 2026-09-03: the email is now logged as a record and the bullets cite it.
  • Snapshot bullet read: "The reconciliation memo in the matter file computes against a contracted 1% from 2018 and carries a NON-COMPLIANT determination pending CCO review." superseded 2026-09-03: the 2017 and 2018 agreements were re-read from rendered pages and say 2% and 2.2%; v1 of the memo is withdrawn.

Records with Rob