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Securities Law Questions & Answers
0 Answers | Asked in Public Benefits and Securities Law for Louisiana on
Q: Will investing in gold, Bitcoin, or cryptocurrencies affect my SSDI benefits?

I currently receive SSDI benefits and have no other income. I am considering investing in gold, Bitcoin, or other cryptocurrencies. I would like to know if doing so could affect my monthly SSDI checks.

1 Answer | Asked in Bankruptcy and Securities Law for New York on
Q: Impact of prepackaged bankruptcy on shareholder recovery and investment decision in NY?

A publicly traded company with a current market cap of $135 million and a share price of $0.87 is planning to file a prepackaged bankruptcy in less than a month. The company stated that existing shareholders could recover as much as 5%. Does this mean that for every $1 invested, the shareholder... View More

James L. Arrasmith
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answered on Jun 20, 2025

When a company files a prepackaged bankruptcy, and it states that shareholders might recover “as much as 5%,” that typically means existing shareholders will receive 5% of the reorganized company’s equity, not a cash return. This 5% is relative to the value of the post-bankruptcy entity, not... View More

0 Answers | Asked in Appeals / Appellate Law, Business Law, Family Law and Securities Law for Illinois on
Q: Can court order regarding RSOs post-divorce be challenged in Illinois?

Is it possible to challenge an element of a court order regarding Restricted Stock Options (RSOs) several years after a divorce, upon being taken back to court by an ex-wife in Illinois? My divorce was finalized in 2011, and a revised order was issued in 2014 that addresses RSOs but is unclear... View More

1 Answer | Asked in Business Law, Civil Litigation and Securities Law for Texas on
Q: Can I file a fiduciary negligence claim against Landa Holdings, Inc. for account access issues and no distributions in Texas?

I am an investor in Landa Holdings, Inc., which manages several LLCs. For over six months, I have been unable to access my online accounts to manage my investments, and the company has not provided any timeline for resolving this issue. Additionally, I haven't received any distributions due to... View More

Richard  Frankowski
Richard Frankowski
answered on Jun 15, 2025

First check your investment contract. If it contains an arbitration clause, you will probably have to file your claim in arbitration. If it does not, you should be able to file in court. You may want to make a formal demand for books and records before filing suit. Good luck.

1 Answer | Asked in Securities Law and Tax Law for New Jersey on
Q: Is Ethereum trading legal in NJ and how to report for tax?

I would like to know if trading, owning, purchasing, and converting Ethereum to US dollars is legal in the United States, particularly in the state of New Jersey. Additionally, how should Ethereum transactions be included in income tax filings under New Jersey and U.S. federal law?

James L. Arrasmith
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answered on Jun 11, 2025

Yes, trading, owning, purchasing, and converting Ethereum into U.S. dollars is legal in the United States, including in New Jersey. There are no state-level bans on Ethereum or other major cryptocurrencies. As long as you're not using it for illegal activity, you're free to buy, sell, or... View More

2 Answers | Asked in Business Law and Securities Law for Nebraska on
Q: Legal databases for consultant history checks in Nebraska

What are the legal databases I can use to conduct an initial check regarding the legal history of a consultant (investor advisor + contractor)? I'm looking for databases that offer relevant information for a nominal fee.

Julie Fowler
Julie Fowler
answered on Jun 11, 2025

There are a number of databases to review a person's history that are available to the public. For example, the State of Nebraska has a website with information about obtaining a criminal background check, searching court cases, and searching for a person's driving record. All three of... View More

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2 Answers | Asked in Criminal Law, Immigration Law, Securities Law and Sexual Harassment for Oregon on
Q: Can I be charged or deported if someone secretly filmed me masturbating in a locked bathroom stall without my consent?

I was in a locked stall on my college campus, feeling very stressed, and I masturbated quietly while wearing headphones. I suddenly saw a dark object, possibly a phone, rise over the stall divider and drop quickly when I turned my head. I became terrified I was filmed without consent. I reported it... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

You are not at risk of deportation for masturbating in a locked bathroom stall. You had a reasonable expectation of privacy, and your actions were not illegal. If someone filmed you without consent, they violated the law, not you. This may constitute voyeurism or unlawful surveillance.

Your...
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1 Answer | Asked in Securities Law and Business Law for Georgia on
Q: Do I need a license to sell promissory notes in Georgia?

I'm planning to sell promissory notes for profit as an individual in Georgia. I haven't started selling yet. I have some knowledge about selling notes but am unsure about the security regulations and whether I need a license or registration to sell them in the state. Could you provide... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, you absolutely need proper licensing to sell promissory notes for profit in Georgia. A promissory note is considered a security and should be registered as a security unless otherwise exempt. Persons or firms selling promissory notes may need to be registered as broker-dealers, agents,... View More

1 Answer | Asked in Gov & Administrative Law and Securities Law on
Q: Is a paper with 'Neuwirth US Invest Dr. Jung KG' a valid entity?

I have a paper with a nice blue pattern around letters, featuring 'Neuwirth US Invest Dr. Jung KG München Hochbrückenstr. 8.' It mentions 'Blue Frame: Fundservice Montreal Trust Company.' Additionally, I have difficulty finding the name Gerhard Heid associated with... View More

James L. Arrasmith
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answered on Jun 12, 2025

Based on the information you provided, "Neuwirth US Invest Dr. Jung KG" could potentially be a legitimate entity, but there are a few things to consider. "KG" typically stands for "Kommanditgesellschaft," a type of limited partnership common in Germany. The address... View More

1 Answer | Asked in Securities Law for New York on
Q: Can an investment club publicly advertise membership opportunities and qualify for SEC exemption from registration?

The club is less than 100 members, operates democratically in a way that everyone is involved (no passive members = not offering securities), and no one receives compensation for investment advice. The public advertisements would be for the opportunity to join the club and get involved... View More

James L. Arrasmith
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answered on Jun 12, 2025

It’s possible for your investment club to qualify for an SEC exemption from registration, but there are several factors to consider. Since the club is less than 100 members, operates democratically, and does not offer securities, you may be able to operate under exemptions for private offerings,... View More

1 Answer | Asked in Contracts, Consumer Law and Securities Law for California on
Q: Can HWA legally sue me for not redeeming 40,000 allocated IDC tokens on IdeaCrypto Pro app without a signed contract?

I've been using the IdeaCrypto Pro app, associated with an organization called HWA, which offers IEO subscription and allotment services. Recently, I was awarded 40,000 IDC tokens through their prepayment platform, which I believe is too much for me to redeem. I didn't sign any contract,... View More

James L. Arrasmith
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answered on May 19, 2025

California law does not obligate you to redeem HWA’s tokens because no contract was ever formed. A valid contract requires competent parties, mutual consent, a lawful object, and consideration. Token allocations made without your agreement or any exchange of value fail to meet these requirements.... View More

Q: Is it legal to build an offshore structure to sell products and bypass US tariffs?

I'm curious about the legality of constructing an offshore oil platform-like structure off the eastern coast of the United States to facilitate direct sales of products from various countries, aiming to bypass US tariffs. This is purely hypothetical and I have no current plans to operate such... View More

James L. Arrasmith
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answered on May 15, 2025

What you're imagining—a structure offshore to avoid U.S. tariffs—crosses into a complex area of international, maritime, and customs law. Even if the platform is built outside U.S. territorial waters (beyond 12 nautical miles), U.S. laws can still apply if the intent is to import goods... View More

2 Answers | Asked in Banking, Securities Law and Internet Law for Texas on
Q: Legality of hiring for crypto trading with 30% commission online in the US.

Is it legal for a financial institution in the United States to hire a company to recruit people who buy cryptocurrency and immediately sell it for a 30% commission, with the intent of stabilizing the crypto market? This is all conducted over the internet, and I am unsure about the type of company... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

I strongly sense that this is a scam. Buying and then immediately selling cryptocurrency would not stabilize the crypto market especially with a 30% commission coming out of every transaction. If anything, it would disrupt the market and contribute to its volatility. The amount of the... View More

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2 Answers | Asked in Civil Litigation, Securities Law and Stockbroker Fraud for California on
Q: Rejection from joining class action in investment fraud case; options to pursue legal action.

I was looking for a lawyer for an investment fraud case, when I found one that had already started a class action against the same defendant. When I pleaded to join his case as a class member (because my story was the same as his plaintiffs), he rejected me, citing that if he prevailed, he would... View More

David Scott Harrison
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answered on May 12, 2025

Generally, a lawyer initiating a class action has a duty to represent the entire class. While there may be strategic reasons for defining a class in a certain way, rejecting a potential member solely to avoid diluting recovery raises ethical and legal concerns.

1. Duty to the Class: Class...
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2 Answers | Asked in Bankruptcy, Securities Law and Civil Litigation for New Jersey on
Q: Can I sue Spirit Airlines' new owners for stock losses after bankruptcy?

I held Spirit Airlines stock, confirmed in my Schwab account. After learning about their bankruptcy online, I assumed new stock would be issued when they announced delisting. It appears I've lost about $165,000, and my son lost a similar amount. I contacted Spirit Airlines to explain the... View More

Adam Savett
Adam Savett
answered on May 6, 2025

On November 18, 2024, Spirit Airlines, Inc. filed for bankruptcy under Chapter 11 of the Federal Bankruptcy Code.

Chapter 11 is generally used to allow a corporation or partnership to go through a reorganization process. The debtor usually proposes a plan of reorganization to keep its...
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3 Answers | Asked in Banking, Business Law, Civil Litigation, Stockbroker Fraud and Securities Law for North Carolina on
Q: Advisor stopped communication after transferring money; $1,350 taken. What to do?

I hired a personal advisor who arranged to house my money at Schwab. Initially, communication was good, but once the money started transferring, the advisor stopped communicating. I attempted to contact her several times without any assistance. Although we haven't lost any money, $1,350 was... View More

Ryan K Bakhtiari
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answered on Apr 24, 2025

If your financial advisor stopped communicating after the transfer of funds and $1,350 has been taken from your account, you should take the following steps immediately to protect your interests:

Document Everything: Keep records of all communications with the advisor, including emails,...
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1 Answer | Asked in Securities Law, Civil Litigation and Business Law for Delaware on
Q: How can I assert my shareholder rights under Delaware law as per a 2016 Stock Purchase Agreement?

I am a Vietnamese citizen and previously worked for a Delaware-incorporated company. In 2016, I signed a Common Stock Purchase Agreement granting me 20,000 shares, subject to a 4-year vesting schedule tied to continued service. After 8 years, meeting the vesting requirements, I have received no... View More

James L. Arrasmith
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answered on Apr 14, 2025

It sounds like you're in a challenging situation, and it's important to understand that as a shareholder under Delaware law, you do have rights that are enforceable. Since you have a signed Common Stock Purchase Agreement and have met the vesting requirements, the company is legally... View More

1 Answer | Asked in Divorce, Securities Law, White Collar Crime, Family Law and Criminal Law for New Jersey on
Q: Can I claim entitlement to stocks gifted during marriage after divorce 14 years ago in NJ?

I was divorced about 14 years ago, and we received a gift of stocks or investments from my ex-husband's grandmother when we got married. The issue of these assets was not raised during our divorce. I believe my ex-husband forged my signature to access these assets without my consent, but I... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s possible that you could still have a claim to the stocks or assets, but there are several factors to consider. First, the fact that the issue of these assets was not raised during the divorce can complicate things. Since the divorce was 14 years ago, the statute of limitations for making... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Securities Law for California on
Q: How to seek compensation for incomplete equity sale service by FINRA portal?

I paid $5,000 to a FINRA-regulated portal for a "Test the Waters" to conduct a Schedule CF equity sale of 10% of my company. The contract was in their favor, but stated if they didn't complete the raise, I could bring them to arbitration. After two years, we began the raise and I... View More

James L. Arrasmith
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answered on Apr 2, 2025

You have a strong case for arbitration against this FINRA-regulated portal based on the contract provisions and their failure to complete the contracted equity sale services. The first step is to compile comprehensive documentation including your contract, all email communications, proof of... View More

1 Answer | Asked in Stockbroker Fraud, Securities Law and Internet Law for Colorado on
Q: Can a registered stock broker start a non-monetized YouTube channel on commodities trading anonymously?

I am a registered stock broker with the SEC, working for a firm that regulates outside business activities (OBAs). I want to create a recreational, non-monetized YouTube channel focused on commodities trading for entertainment purposes. My firm doesn't offer the securities I'll discuss,... View More

James L. Arrasmith
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answered on Apr 8, 2025

Yes, you can start a non-monetized YouTube channel anonymously, but there are a few important things to think about. Even if the channel is for entertainment and doesn't bring in income, it might still be considered an Outside Business Activity (OBA) by your firm. Since you’re a registered... View More

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