Questions Answered by Steve A. Buchwalter
Q: We have evidence of elder financial abuse, self dealing, and perjury. What can we do?
This person, manipulated her father along with her husband, became POA, Caregiver and Trust executor. Self dealing, controlled all assists, withheld family from seeing their father.
I think you're in California. I would think you'd want to contact the Department of Adult Protective Services. There should be at least one office in each county. Then you should talk to a lawyer.
Q: Awarded full year of back pay from my job over a year & a half ago and still get no answers or explanation.
if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.
Most arbitration awards can be turned into court judgments relatively easy. Once you have a judgment, you can collect on it as you would any judgment.
Q: I know that there are federal securities laws, but are there any that are state-specific to California that differ from
the federal ones?
Yes they do and they are stronger than the federal laws. They start at Corporations Code 25000
Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?
Neither. An arbitration award can be turned into a judgement without suing. You ask the court to turn it into a judgment by filing a Petition to Confirm it as a judgment. Then you could collect on it as you wold any judgment
Q: My broker disappeared after I discovered fraudulent misrepresentations associated with my account. Who do I sue if I
don't know his current whereabouts?
If there is wrongdoing, the brokerage firm he was associated with would be responsible.
Q: Is there a time limit on mediations in California, or can they go on forever if the parties disagree on everything?
In a mediation, the parties can set whatever ground rules they want, including time limits. In reality, mediations, even in complicated cases, do not last more than a day or two. If the parties sense that the case will not settle, parties may start walking away.
Q: Options were about to vest but the company went into bankruptcy, what do I do?
If your options are in the money, you may want to exercise them. If a stockbroker recommended the options without warning you about the companies financial condition, you may be able to sue. You'll need to talk to an attorney.
www.securitieslaw-attorney.com
Q: What's the very first thing I should do if I have believe I have a securities claim?
Gather all your documents and put them is a safe place. Call an attorney to go over your case. Any attorney you talk to may ask you to write up a narrative (your story) as to what happened. It may be a good idea to start on that.
Q: Is there any way to appeal a decision by an arbitrator?
If certain narrow conditions are met, an arbitration award can be vacated or corrected by a court. If a court refuses to vacate or correct the award, the court's decision can be appealed. Act fast, you generally have around 3 months to file and serve the correct papers.
Q: I am a FINRA registered representative with several securities licenses and had a tax lien.
A tax lien was placed on my assets, then released, without my knowledge. My new employer wants me to have this recorded on my U4. Is there any way I can keep it off my U4?
Yes. Pursuant to question 14m on the form U4, only unsatisfied liens need to be reported.
Q: How does the SEC deal with people who want to cash out millions of dollars they earned via Bitcoin? Is that regulated at
all?
The SEC does not regulate bitcoin. As far as I know, nobody does.
Q: If I ask my broker if he's been previously sued for securities fraud, must he tell me the truth?
Yes. They are required to disclose such things. You can check for yourself if you go to www.finra.org and type your broker's name in the "Brokercheck" box.
Q: What should I do if I believe I have a valid securities fraud claim, and my broker has gone totally MIA?
You can go after his firm. If there is a fraud, the broker's firm would be responsible.
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