Just ask to speak to someone at the top. Be polite, get something firm. You need to talk to upper upper managment. You also need to close your account and move it to IB or Tradestation.
I got a call from TOS about a year ago saying someone tried to hack my account. I told them to put the phone down and that I would call TOS myself to make sure. He gave me his dept and name. I did get him again when I called in. They asked me if I had been traveling and logged in from Queens. I have never been to Queens in my life ! They froze my account while they shipped me their RSA device. I told them I had positions on and they should just freeze withdrawals and putting on new positions. They did that for me. I got my RSA device and activated it the next day. I also formatted my machine . I had a good experience but it did make me wonder if I should have been offered the device when i transferred money in. I do have it with IB. Its a pain but worth it. SS
I consider Interactive Brokers to be about the safest financial institution when it comes to protecting client funds from theft and potential losses other than ones own investing or trading mistakes. I think most of such rumors about IB are started by IB competitors.
The CEO at TOS must wake up with your money as his priority. He needs to be copied on the certified letters you send to the FBI, the SEC, the FTC, the Attorneys General of both your state and where their main office is. Day two is a Twitter day. All least 50 tweeets. Day three is a Craigs List. The investment section in every US city they list. At least 10 posts in each city. Day four is assembling the packages to mail to the TOS CEO, TDAMERITRADES CEO, COO, in house counsel, head of investor relations, every board member and each of the ten largest NON-INSTITUTIONAL shareholders (both firms). Have Kinkos bind each package that contains all the paper produced on day one through three. Send out the packages two day FedX and call no one but include your media list that includes names, email addresses, phone numbers of financial reports at everything from the the WSJ & The New York Times to USA Today and some well chosen blogs that detest Wall Street. Day Six or Seven ... AFTER the packages have been delivered issue a press release through PR Newswire outlining these EARLY steps you have taken as you dig in to fight a protracted war. Have the release you arite professionally rewritten and edited -- try e-lance and offer $100. Day Eight you call the TOS CEO and you explain that he has 24 hours to get the money back in your account or you will begin to work the phones -- the press, his board members, regulators. Tell him the only word that ever made it from the Corsican language into English is "VENDETTA". VERY IMPORTANT -- Don't whine or try to make it a question of fairness or even right or wrong. Make it a question of power and make it clear that you are focused enough to bring enough power to bear that he would be crazy to fight this fight. Let him know that you intend to cost him his job. That the decision to face off against a fanatic (you) will ultimately undermine everyones confidence in him. If he does not budge, call the Board Members, large shareholders and in house counsel etc. Forget the press and regulators ... one call is good for them. And call the same people twice the next day. And three times the day after. When he credits your account, and he will, wire the money out and only when you have it, tally your expenses -- maybe $1,200 and send him the bill. If you do not hear from him in a few days send a copy of the bill to his board members, in house counsel etc. Call them all after they have received the bill and then call him. Call them all twice the next day. If he doesn't budge ... forget it. After all, you do not want to go off the deep end for $1,200 or so ... only when it is tens of thousands. I have never had a dispute with a broker. But I have had a few disputes in life. Once they feel at risk you win. If they think you are sane ... you lose. BTW ... if what you have lost is fairly inconsequential in the scheme of things for you hire someone from Craigs list to do all of the above. Don't waste your own time unless the money is meaningful in your terms.