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Securities Law Questions & Answers
1 Answer | Asked in Securities Law and Stockbroker Fraud for Texas on
Q: Can an investment withhold funds or freeze accounts that are used for living expenses?

My mom has several accounts with an investment firm that she has had for over 25 years. She withdraws money as needed without any issue. However, the last time she made a request for a withdrawal, she was told her funds were frozen and after speaking with her broker, was told that she would need to... View More

Robert Howard Rex
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answered on Sep 2, 2024

I am unable to adequately evaluate this situation based on the facts provided, however the facts do suggest that the situation warrants further investigation. If you would like a no charge evaluation of your potential case please contact Nan Thompson at my office.

1 Answer | Asked in Elder Law, Securities Law and White Collar Crime for Texas on
Q: Sister added to mom's account to pay her bills while mom helped covid son. $200k beneficiary check deposited in account

In 10 months, Sister took over 100K with out mom's permission. When mom, who is 81, noticed she closed the account. Any legal action we can take? Mom is really stressed.

John Michael Frick
John Michael Frick
answered on Aug 8, 2024

Mom can sue Sister for any money taken out without mom's permission. If Sister used the money to buy or pay for a tangible asset, mom may be able to impose a constructive trust on that asset to help ensure repayment of the money taken.

1 Answer | Asked in Bankruptcy, Securities Law and Small Claims on
Q: Dear sir/madam can i as a crypto loss investor file form 410 general proof of claim in chapter 11 bankruptcy?

I suffered losses due to fraud/misleading related to Terraform labs (UST terra Stable coin)

In the case action there are 2 forms :

1. General proof of claim 2. crypto loss proof of claim creditor classes: crypto loss claims (class 5) & general unsecured claims (class4). Thank You

James L. Arrasmith
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answered on Jul 27, 2024

You can file a general proof of claim form in a Chapter 11 bankruptcy case if you have suffered losses due to fraud or misleading actions related to Terraform Labs and the UST Terra stable coin. This form allows you to state the amount of your claim and the nature of your loss. Filing this form is... View More

1 Answer | Asked in Securities Law, Social Security and Family Law for Tennessee on
Q: It seems to me that my dad used my social security back pay for his own self dealing.

The account he put the money in was in the name of our family business. He told me he was investing this money. He told me that the family business didn't exist. Through the last 9 years I've lost everything and now live in a camper. Yet I've watched him get air BNB, buy a glamour... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like your dad might have misused your social security back pay, which could be a serious legal issue. When someone uses another person's funds for their own benefit without permission, it can be considered misappropriation or fraud. Given the situation you've described, it might... View More

1 Answer | Asked in Contracts and Securities Law for Florida on
Q: How do I file a lawsuit against someone who has scammed me out of 30k and trying to blackmail me as well what do I do?

My wife invested 30k with a friend that I’ve known for 40+ years which I didn’t know that he scammed others for millions until it was all over the internet that’s when he turned on me when I started to ask if she can have her money back it’s just all messed up when he started send photos... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 27, 2024

If anyone acts as another’s financial advisor snd invests money in the capital markets, they have to be licensed to do so. You should file against him with the SEC and FINRA as well as Floridas department of BPR and have him investigated and potentially prosecuted. Additionally the federal... View More

1 Answer | Asked in Business Law and Securities Law for Maryland on
Q: I am planning to manage investment portfolios for friends and family through an Interactive Brokers (IBKR) account

I am planning to manage investment portfolios for friends and family through an Interactive Brokers (IBKR) account while residing in Maryland. I will have less than $25 million in assets under management and fewer than 15 clients. Given these parameters, do I qualify for the de minimis exemption... View More

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Thank you for reaching out regarding managing investment portfolios for friends and family through an Interactive Brokers (IBKR) account while residing in Maryland. Based on your parameters of having less than $25 million in assets under management and fewer than 15 clients, you may likely qualify... View More

1 Answer | Asked in Securities Law for Texas on
Q: Can financial advisors be personally liable (in addition to their firm) for breach of fiduciary duty/negligence?

Hi, I am conducting some legal research for my firm. I am being asked to determine whether an CFP and Enrolled Agent has individual liability for alleged breach of fiduciary duty/breach of contract?

the situation is that a client is suing the accounting firm for breach of contract, breach... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

There is a reason you are being asked to do this research.

Some courts have held that a financial advisor can, but does not necessarily, owe fiduciary duties to a client. Other courts have held that, like all agents, a financial advisor does generally owe fiduciary duties to a client....
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2 Answers | Asked in Bankruptcy, Federal Crimes, Health Care Law and Securities Law on
Q: Do attorney sign a custodial affidavit on each new client? And since it is an established fact that the court system

writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

No, attorneys do not sign a custodial affidavit on each new client. In 36 years of practice, I have never signed o.ne.

GSA bonds are required of certain gov't contractors, not usually on people who attend court. A GSA bond ensures that a contractor will perform whatever work the...
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1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Securities Law for California on
Q: remote appearance/cour call records are materal to an action , are these records available to the public without Subp ?

How does someone obtain the court call Log for ? Is a Subpoena required ?

James L. Arrasmith
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answered on May 25, 2024

Under California law, remote appearance and court call records are generally considered part of the official court record. However, public access to these records may be limited and vary depending on the specific court and type of case.

To obtain the court call log, you typically have two...
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1 Answer | Asked in Contracts, Civil Litigation, Insurance Bad Faith and Securities Law for California on
Q: What would a cause of action be if an ins co rescinded changes an owners POA made w/out serving Notice of Rescission 1st

The ins company had to know or at very least became aware of the fact service of Notice of Rescission prior to exercising rescission is a California statutory requirement,"no Notice, no rescission." Americo was repeatedly asked to provide the citation, code or case law relied on to... View More

James L. Arrasmith
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answered on May 22, 2024

Based on the information provided, it seems that the insurance company (Americo) rescinded changes made by the policy owner through a Power of Attorney (POA) without properly serving a Notice of Rescission as required under California law. This action by the insurance company could potentially give... View More

1 Answer | Asked in Securities Law for Washington on
Q: State Street global advisors launched this . Originally I had brought it all as one. Ishares Spydr Global Trust etfS.

Yes they sound no good !!

I asked them why ?? They explained

Because they are two separate Entities. They then decided the two into their own light of contract making them two . !! I had used my gold etf in the rough draft to see how they would do is what I was after .... View More

James L. Arrasmith
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answered on May 27, 2024

It sounds like there has been some confusion regarding your investment in ETFs from State Street Global Advisors and iShares by BlackRock. Originally, you may have thought you were investing in a single entity, but it turns out these are two separate entities with distinct ETFs. This can be... View More

1 Answer | Asked in International Law, Securities Law, Tax Law, Banking, Business Law and Military Law for Washington on
Q: I need a lawyer to help run an international bank that provides services to countries and individuals globally

While serving as a special operator in the United States military and using the bank to assist my career covertly

James L. Arrasmith
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answered on May 10, 2024

I would strongly advise against pursuing anything like this, as it could result in severe legal consequences. If you need legitimate banking services, I'd recommend working with a reputable financial institution through proper legal channels.

1 Answer | Asked in Bankruptcy, Contracts and Securities Law on
Q: Recently I discovered that courts sold GSA bonds and or securities without the peoples knowledge and consent. Is this

Not security fraud? Is this not a breach of fiduciary duties? Are GSA bonds negotiable by delivery? Do these bonds authorize you to order the release of the defendant /surety/debtor/vessel from any encumbrance, attachment, lien, levy, liability, obligation, charge, undertaking, performance,... View More

James L. Arrasmith
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answered on May 8, 2024

This is a complex legal and financial topic involving claims about government bonds and securities, fraud, fiduciary duties, and victimless crimes. I don't have specific knowledge about recent court actions regarding GSA bonds and securities. In general, the sale of government bonds and... View More

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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1 Answer | Asked in Securities Law for Washington on
Q: Can you recommend a crypto related lawyer who can help me recover my lost investment money being frozen by an exchange.

I seek a lawyer who guarantees no lawyer's fee unless the frozen money is recovered successfully, because I am too broke to afford an upfront lawyer's fee after being scammed.

James L. Arrasmith
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answered on Apr 13, 2024

I apologize for your difficult situation with the frozen funds on the exchange. However, I would be very cautious about any lawyer who guarantees they will only take payment if they successfully recover your money. While contingency fees are common in some areas of law like personal injury, they... View More

1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.

My husband runs a small company as a sole proprietor. Since his business carries a high... View More

James L. Arrasmith
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answered on Mar 14, 2024

Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:

1. Charging order protection: Arizona...
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1 Answer | Asked in Securities Law, Gov & Administrative Law and Immigration Law for Washington on
Q: I'm a foreign citizen working in WA state. Do I need any registration to manage money for my friend? (also foreigners)

I'm a foreign citizen living & working in WA state, with L-1B visa. I would like to manage money for my friends & relatives and do some investment for them. They are also all foreign citizens.

There will be less than 5 clients, and less than 100K USD managed assets.

Do... View More

James L. Arrasmith
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answered on Mar 30, 2024

As a foreign citizen working in the United States on an L-1B visa, there are a few important considerations when it comes to managing money for friends and relatives:

1. Registration: Generally, if you are managing money for others and investing on their behalf, you may need to register as...
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1 Answer | Asked in Business Formation, Business Law, International Law and Securities Law for Mississippi on
Q: I'm a US citizen and I want to trade CFDs any workaround to do this legally? Would an offshore company approach work?

It's important to note that I technically wouldn't be trading it. It would be in a brokerage and then a company would be doing the trades for me, both of which are outside of the USA. So basically can I legally have my money go into CFDs and then the profit go back to me.

James L. Arrasmith
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answered on Mar 1, 2024

Trading Contracts for Difference (CFDs) directly is not permitted for US citizens through domestic firms due to strict regulations set by the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). These regulations aim to protect investors from the... View More

2 Answers | Asked in Securities Law and Banking for New York on
Q: How can I get the $13k I have in a closed account that the bank refuses to send to me. Its been over a year.

Hi, I deposited a $13k annuity check into my individual brokerage account with ETrade, but the day it cleared my account was restricted pending ID verify. Phone camera was broken wouldn't take quality pics, so I knowingly altered and submitted a copy of an expired ID that was saved to my pc.... View More

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Your issue may require a review of the terms and conditions that you agreed to when opening the account.

However, I would also recommend that you conduct a name search of the New York State Comptroller's Office of Unclaimed Funds. https://www.osc.ny.gov/unclaimed-funds. New York...
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1 Answer | Asked in Elder Law, Securities Law and Criminal Law for Florida on
Q: Mom is a victim of elder abuse by her financial advisor. He works in NY, she lives in FL. Do what in which jurisdiction?

He convinced her to write him checks for $139,000. And he prematurely terminated an annuity costing her a minimum of $69,000 in fees, penalties & lost bonus. He lied to both of us, telling us the account had matured. He's his own employer and I can't find him listed in FINRA.

James L. Arrasmith
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answered on Mar 2, 2024

Given the complexity of your situation involving elder abuse and financial misconduct across state lines, you may need to take legal action in both New York, where the financial advisor works, and Florida, where your mother resides. Start by consulting with attorneys who are familiar with both... View More

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