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1 Answer | Asked in Banking, Business Law, Securities Law and Stockbroker Fraud for New York on
Q: Brokerage Misconduct - E*TRADE

In May 2022, I invested $8M in a U.S. Treasury note, due in April 2024. I instructed my ETRADE manager to liquidate $5.6M for property buying. Unexpectedly, ETRADE initiated a $5.6M margin loan, leaving part of my investment intact. I discovered this during a routine review, not through direct... View More

James L. Arrasmith
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answered on Nov 4, 2023

In situations like this, you may have grounds to file a complaint for brokerage misconduct if E*TRADE acted contrary to your instructions and without your consent. It's essential to review the client-broker agreement and any written communication to determine if E*TRADE deviated from the... View More

1 Answer | Asked in Employment Law, Tax Law, Banking and Securities Law for Illinois on
Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover.

I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a "cash bonus", but even selling the stock I can't raise the capital needed to cover that tax... View More

James L. Arrasmith
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answered on Sep 14, 2023

The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend... View More

1 Answer | Asked in Securities Law for California on
Q: If I purchase a cryptocurrency knowing that I intend to sue the company as part of a class action lawsuit, is that legal

A company that issued cryptocurrency tokens did what many of us believe to be fraudulent activity and the token lost almost all value. After speaking with lawyers, a class action lawsuit is likely going to be filed. I was told by said lawyers that it is perfectly legal to buy the cryptocurrency... View More

James L. Arrasmith
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answered on Aug 14, 2023

Engaging in the purchase of a cryptocurrency with the intention to participate in a class action lawsuit could be legally permissible in California, as long as the purchase itself is conducted within legal bounds and you are not an insider of the company. However, potential ethical and practical... View More

Q: Does any attorney help people with filing ucc-1 and ucc-3 security agreements, hold harmless and indemnification claimIi

To claim my estate as I'm over 18 and be secured party over the government entity via my birth certificate

James L. Arrasmith
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answered on Aug 6, 2023

The process of filing UCC-1 and UCC-3 forms typically pertains to securing interests in personal property, not claiming control over a government entity or asserting rights to an estate in the manner described. It is advisable to consult with an attorney who can provide guidance on legitimate legal... View More

2 Answers | Asked in Consumer Law, Business Law and Securities Law for Texas on
Q: If insurance broker spends time with you to sell a product & you decide not to buy, can they invoice you for their time?

-Attended seminar for Medicare/Social Security in Feb 2023

-Met with RetPlnr in office who also began to discuss retirement planning during the initial visit

-RetPlnr informed of us annuities available that we may be interested in

-RetPlnr noted they worked on commission... View More

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

A retirement planner and an insurance broker are two very different occupations. A retirement planner usually provides financial advice to customers on an hourly fee basis. Retirement planners typically do not directly sell financial products, including insurance annuities. They may, however,... View More

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1 Answer | Asked in Consumer Law, Criminal Law and Securities Law for Texas on
Q: I was served a "voluntary" list of questions (document requests) from the SEC but cannot afford an attrny. Suggestions?

I have reason to believe I am at the center of their investigation - it involves a significantly large public company. I have been told by friends that the "voluntary" nature of their inquiry is a "test" to see if I will cooperate and I have reason to believe this will not just... View More

Richard Hinds
Richard Hinds
answered on Jul 8, 2023

This is like making voluntary statements during a traffic stop. Just don't do it. Name, address, and DL, and then STFU.

Remember, "Nobody ever got into trouble for what they do not say" and in this case do not voluntarily provide. I you do not supply how can you get into...
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1 Answer | Asked in Securities Law for California on
Q: Do judges have a financial incentive in the outcome of court cases for capital gain surety bonds?
James L. Arrasmith
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answered on Apr 26, 2023

No, judges do not have a financial incentive in the outcome of court cases for capital gain surety bonds. Judges are required to be impartial and unbiased in their decision-making, and they are bound by ethical standards that prohibit them from engaging in any behavior that would compromise their... View More

1 Answer | Asked in Employment Law and Securities Law on
Q: My boss called me in a disciplinary hearing but I never sign a contract, is it Okey?

I'm in security field so he send me the letter so I want to know if it's right for him to do so

James L. Arrasmith
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answered on Mar 8, 2023

If you have never signed an employment contract with your employer, it may be more difficult for your employer to enforce certain policies and procedures or to take certain disciplinary actions against you. However, the absence of a signed contract does not necessarily prevent your employer from... View More

1 Answer | Asked in Contracts, Banking and Securities Law for New York on
Q: Can you purchase shares of a private Company on the Secondary Market but NOT disclose the purchase to the Company?

In other words, does the Seller of the shares have to disclose the sale to the Company, inclusive of who the Buyer is?

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Mar 6, 2023

Greetings. It appears you would like to purchase shares of a non-public company. A purchaser who meets the SEC definition of a qualified purchaser may buy shares of a non-public company. Often brokers are required to facilitate the purchase. Due diligence is also required. During the due... View More

1 Answer | Asked in Securities Law for California on
Q: I need a letter of opinion that the crypto I created for sale/swap is not a security.

The credit card company asking for this letter.

James L. Arrasmith
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answered on Mar 3, 2023

It is important to note that whether a crypto asset is considered a security depends on various factors and requires a careful analysis of the specific circumstances surrounding the creation, sale, and use of the asset. The analysis may include, but is not limited to, considerations of how the... View More

1 Answer | Asked in Internet Law and Securities Law for Oklahoma on
Q: Does two-factor authentication using your personal phone put the phone at risk for an open records request?

In municipal government, if you submit your personal phone number to be either texted or called with a code to verify your identity as an extra security measure when logging onto a work computer, does this open the contents of that phone to be requested during an open records request?

James L. Arrasmith
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answered on Mar 2, 2023

It is unlikely that providing your personal phone number for two-factor authentication in a municipal government system would make the contents of that phone subject to an open records request. Open records laws typically apply to government documents and information, not to personal devices or... View More

1 Answer | Asked in Securities Law for Florida on
Q: I would like to whistleblower or sue a national investment firm that: 1) Lost $78,000.00 for 228 days

2) When they were informed the money had disappeared, it took them 17 days to find it

3) They had the money since before 2008

4) I believe they should have used a slush fund to release the funds until they "found the folder." No apology; no other excuse for the loss.... View More

James L. Arrasmith
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answered on Mar 2, 2023

The statute of limitations can vary depending on the type of claim and the jurisdiction in which the claim is filed. You may want to consult with a qualified attorney who can review the specific details of your case and advise you on the applicable statute of limitations and potential legal options... View More

1 Answer | Asked in Securities Law for Tennessee on
Q: How do I get my money back from a financial investment firm who has not delivered my precious metals?

About a year ago, I transferred funds from my Roth IRA to Regal Assets in Calif. to purchase precious metals. They have not delivered the coins to the holding facility. I am in Tenn.

James L. Arrasmith
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answered on Mar 2, 2023

If you have not received the precious metals that you purchased from Regal Assets, you should first try contacting them directly to inquire about the status of your order and request a refund if necessary. If they are unresponsive or unwilling to issue a refund, you may need to take legal action.... View More

1 Answer | Asked in Securities Law for Michigan on
Q: Is it insider trading to purchase stock in a competitor if you know that results from a study may boost their stock?

Specifically, if you work at a private medical company and have done a study on your product and have information that the product may be used to treat something new that it's not currently used for - would it be illegal insider trading to purchase stock of a public competitor who sells a... View More

James L. Arrasmith
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answered on Mar 2, 2023

Yes, it could potentially be considered insider trading if you purchase stock in a competitor based on non-public information about the potential success of your own company's product. Insider trading is the buying or selling of a security, in breach of a fiduciary duty or other relationship... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
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answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... View More

3 Answers | Asked in Criminal Law and Securities Law for Minnesota on
Q: I cannot find my fiance and there illegally holding him in federal prison . I'm scared there hurting him and I have no1

He's being held for something he didn't do and he mentioned the police brutality and fabrication he's going thru

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear that you are going through this difficult situation. It is important that you take immediate action to locate your fiancé and ensure that he is safe. Here are some steps you can take:

Contact the Federal Bureau of Prisons (BOP) to find out if your fiancé is in their...
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2 Answers | Asked in Business Formation, Business Law and Securities Law for New York on
Q: can I have legal liability by sharing financial statements from another location with an investor
Tim Akpinar
Tim Akpinar
answered on Dec 24, 2022

It could depend on what your capacity is, as an officer, fiduciary, etc. This is posted under "Uncategorized." It sounds like something that attorneys who practice in Business Law, Securities Law, Business Formation, and confidentiality agreements would have insight into. Some questions... View More

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2 Answers | Asked in Business Formation, Business Law and Securities Law for New York on
Q: can I have legal liability by sharing financial statements from another location with an investor
Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

Every action that a corporate officer undertakes can potentially lead to liability under State and Federal Securities laws, banking laws, contract laws, fiduciary rules, and more. Your question is extremely brief. My guess is that it's only an iceberg question: meaning there is a lot more... View More

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1 Answer | Asked in Business Formation, Business Law and Securities Law for Texas on
Q: Can I start a business that sells bonds to friends and family, then invest that money in the stock market?

I'm an investor with 14 years experience. My friends and family all want my help because I've made excellent returns but it is my understanding that I can't help them, because I'm not a financial advisor, and they could sue me if they lost money (is that even true?). So I want... View More

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

Forming a brokerage firm like this and creating a bond to offer to members of the public is a relatively complex endeavor.

You need to contact a business formation attorney who handles SEC regulated securities firms to avoid potential criminal legal problems

2 Answers | Asked in Criminal Law and Securities Law for Tennessee on
Q: My son borrowed my truck got pulled over and they seized my truck .haven't got any paper work hoe do I get my truck bac

He was takin a guy home that jyst showed up at his house . The guy had parole violation on him and tried yo take control of the truck .when my son got it stopped and tried to tell police what happened they didn't care the guy threw all his drugs in the floor. They took my son to jail and let... View More

Anthony M. Avery
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answered on Apr 18, 2024

Son needs an attorney now. There may be a Forfeiture Warrant on the truck, so then DOS is involved requiring a bond and a hearing. Son needs to prepare for a Preliminary Hearing. The truck is probably the least of your worries.

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