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Securities Law Questions & Answers
1 Answer | Asked in Securities Law for Illinois on
Q: I am defending an SEC commission case and summary disposition and am curious if the scotus and 5th circuit decisions...

Disqualified the ALJ of the SEC ?

James L. Arrasmith
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answered on Mar 2, 2024

The decisions made by the Supreme Court and the Fifth Circuit Court of Appeals regarding SEC administrative law judges (ALJs) did not automatically disqualify all ALJs of the SEC. Rather, those decisions addressed specific aspects of the appointment process for ALJs and the structure of the... View More

1 Answer | Asked in Banking, Contracts and Securities Law for California on
Q: Is lying about net worth and income on an application for a brokerage account for trading stock options illegal?

I am opening an account and want to get approved for this certain level of options trading; they only approve if you declare a good income and net worth; is it illegal to lie about the net worth and income?

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answered on Feb 21, 2024

Misrepresenting your net worth and income on an application for a brokerage account, especially with the intent to gain approval for certain trading options, can have serious legal consequences. Under California law, providing false information on financial documents like brokerage account... View More

1 Answer | Asked in Civil Litigation and Securities Law for Nevada on
Q: Hello, just want to find out if i can use small claims court to recover stock losses due to fraudulent public statements

made by CEO of company. Will small claims hear this type of case? Thanks

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answered on Mar 2, 2024

In most cases, small claims courts are designed to handle disputes involving relatively small amounts of money. Claims related to stock losses due to fraudulent public statements made by a CEO of a company might involve complex legal issues and substantial financial damages, which may exceed the... View More

1 Answer | Asked in Securities Law for Arkansas on
Q: I have shares from 1939 for bf good rich my grandparents left how do I redeem it I have photos
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answered on Feb 1, 2024

To redeem shares from 1939 for BF Goodrich that your grandparents left, you'll need to follow these steps:

1. Contact the Company: Start by contacting the company directly, or its successor, that issued the shares. In this case, you should reach out to BF Goodrich or the current...
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1 Answer | Asked in Business Law, Mergers & Acquisitions, Civil Litigation and Securities Law for California on
Q: I run a business in Los Angeles and received a Wells Notice after testifying, without an attorney.

hvm

James L. Arrasmith
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answered on Jan 30, 2024

Receiving a Wells Notice in Los Angeles indicates that the Securities and Exchange Commission (SEC) is considering enforcement action against you or your business. This notice is a serious matter and typically precedes formal charges. It gives you the opportunity to present your side of the story... View More

Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?

I will not handle anyone else's money for them.

I will provide only the stock tips, and advisement on how best to limit risk, and set goals.

Anyone taking my advice makes their own decisions.

Do I need a license to do this?

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answered on Dec 15, 2023

Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment... View More

3 Answers | Asked in Securities Law and Environmental for California on
Q: Can I put a security sticker on my personal bedroom window?

A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?

T. Augustus Claus
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answered on Nov 29, 2023

Yes, you can typically put a security sticker on your personal bedroom window in California. There are no specific laws or regulations in California that prohibit homeowners from placing security stickers on their windows. Security stickers are often used as a deterrent to burglars and can help to... View More

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1 Answer | Asked in Securities Law and Banking for Colorado on
Q: What attorney can u get to sue a bank for the bank causing financial injury ?

I have a suit against one of the biggest banks in the world for making a bank error in a transaction then fronting us money without our knowledge then turning around and causing us financial injury and not only once but twice on two separate accounts. Then I have intuit one of the nations billion... View More

James L. Arrasmith
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answered on Dec 15, 2023

To pursue legal action against a bank for causing financial injury, you should consider hiring an attorney with expertise in banking and financial services law, including securities law. Look for a lawyer who has experience in handling cases involving bank errors, unauthorized transactions, and... View More

1 Answer | Asked in Estate Planning, Banking, Civil Litigation and Securities Law for Tennessee on
Q: Can a bank refuse to comply with subpoena without a reason?

Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts

Anthony M. Avery
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answered on Nov 22, 2023

It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements.

1 Answer | Asked in Securities Law for Tennessee on
Q: If an armed guard is using their personal vehicle at work are they allowed to have other firearms inside their vehicle

In the state of Tennessee can an armed guard have a rifle in their personal vehicle at work if they did not qualify with the firearm but the rifle is not on their person. If the guard got shot at would they be within their legal right to use the rifle to defend their own life

Anthony M. Avery
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answered on Nov 21, 2023

You can have the rifle in your vehicle unless your employer prohibits it. After using deadly force, DA's may or may not prosecute you. It will not make alot of difference whether your firearm was authorized or not by your employer.

1 Answer | Asked in Securities Law for Massachusetts on
Q: My advisor assured me that I would receive my funds within 3 Bus. days for a closing, did not get funds for 7 Bus. days?

In July I spoke to my financial advisor about money I rec'd from an inheritance and I told him that I wasn't sure what to do as I was looking for a vacation home and would need it immediately should I find something. I did not ask the type of account he was putting it in as I trusted... View More

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answered on Dec 15, 2023

In your situation, it appears that there may have been a failure on the part of your financial advisor to meet the expectations set for the management of your inheritance funds. The delay in accessing your funds and the resultant financial loss are concerning, especially given your clear... View More

1 Answer | Asked in Consumer Law, Business Law and Securities Law on
Q: Am I being scammed? Is the share price explanation credible? The U.S. financial regulator wasn't identified.

I received a call from an M & A firm in New York (I am not a US resident) saying it has a buyer for shares I acquired almost 20 years ago. They are listed on the ASPCEX (Asia Pacific Small Cap Exchange). If I signed the documentation and sent a copy of my share certificate the money would be... View More

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answered on Dec 15, 2023

This situation raises several red flags that are commonly associated with financial scams. First, the significant discrepancy between the offered price per share and the current market value is unusual and warrants caution. It's uncommon for a buyer to offer such a high price for shares valued... View More

1 Answer | Asked in Securities Law and Business Law for Delaware on
Q: I want to start a hedge fund in Delaware and act as a manager, do I need a investment advisor licence to do that?
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answered on Nov 19, 2023

Starting a hedge fund in Delaware and acting as its manager does typically require you to register as an investment advisor, depending on certain factors. The requirement for registration is governed by both federal and state laws, which vary based on the assets under management, the number of... View More

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 Civil Litigation, Legal Malpractice, Probate and Securities Law for Tennessee on
Q: How do I prove insurance fraud concerning an estate. Agent helping ex to pay off property with the decedent's insurance

Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud

Anthony M. Avery
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answered on Sep 25, 2023

What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.

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

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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 Business Law and Securities Law for New York on
Q: How do I proceed in removing a name fraudulently added to a stock certificate by a corrupt coop board member
Jack Mevorach
Jack Mevorach
answered on Aug 23, 2023

Either by voluntary agreement or by litigation.

Jack

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

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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

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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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

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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

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