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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

1 Answer | Asked in Securities Law for Arizona on
Q: Is there a statute of limitations in nev on a proof of financial responsibility
Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

You asked this question to Arizona attorneys. We can't advise you on Nevada law. You may want to reask this question in the Nevada forum.

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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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 Securities Law and Stockbroker Fraud for Florida on
Q: Broker decided to close my account and sell my securities. They said I broke section 3 of their agreement without detail

Is it legal for a brokerage firm to decide they no longer want to manage my account and sell my securities without my permission. They refused to transfer them to another firm.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 22, 2022

Yes, it is legal for a brokerage firm to decide that they no longer want your business.

No, it is not legal for the brokerage firm to liquidate your securities unless they have a good reason.

For any more help you will have to retain a lawyer. Search for one using Justia.

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1 Answer | Asked in Securities Law for California on
Q: Is it legal to purchase stock options from an employee at a private company?

I.e. Could I legally cover the taxes on an employee's vest, to "purchase" the shares that would normally be sold to cover the taxes associated with the vested stock amount? If I formed a private agreement with that employee to earn the return on those shares, minus some percentage,... View More

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

This seems like a strange way to address the issue. Without speaking to your specific situation, a loan, to be repaid [secured or unsecured], would be a way one could cover costs. You need to speak with a local attorney regarding your specific situation. [I litigate cases. Anything posted here must... View More

1 Answer | Asked in Banking, Business Formation, Securities Law and Stockbroker Fraud for California on
Q: Can I manage other people's money (money manager or portfolio manager) with only my series 65 license in California?
Steve A. Buchwalter
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answered on Sep 1, 2022

Anyone can allow you to manage their money. There are no requirements for you to do so. Having a business of, or charging for, managing someone else's money can a different story and is more complicated.

2 Answers | Asked in Securities Law and Stockbroker Fraud for California on
Q: My question pertains to potential breach of fiduciary responsibility by my financial advisor, Merrill Lynch.

I have been a client of Merrill Lynch (ML) for more than 20 years. Not until 3 months ago did any of my advisors at ML ever mention that I should be purchasing US Govt issued iBonds, as part of my portfolio, which in almost every year of my ML relationship have paid a substantially higher return... View More

David Neuman
David Neuman
answered on Jul 28, 2022

California law finds that stockbrokers and financial advisors are per se fiduciaries to their clients. Thus, the fiduciary has to act in your best interest first. There are a number of other duties that arise when a stockbroker is a fiduciary, such as keeping their clients abreast on changes in... View More

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2 Answers | Asked in Securities Law and Stockbroker Fraud for New York on
Q: Financial investment question

I currently have access to a crypto investment fund through an individual who trades to make a group of us money, and I want to open it up to friends and have them go through me in order to invest. I pay $200/mo to have access to the fund, so I would charge them $100/mo and have them go through me.... View More

Chris Warren
Chris Warren
answered on Jun 16, 2022

This response does not constitute legal advice.

Yes. If you take your friends' money for access to an "investment fund" an "individual" (read: not a broker) runs, you could be violating several securities laws as well as potential "blue sky" State laws....
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1 Answer | Asked in Securities Law and Estate Planning for Texas on
Q: Can the executive of a will over ride the Beneficiary for investments

I am the Beneficiary for the investments my ex-wife made she passed away in2019 her executive of the will told me that she gave everything to her Granddaughter I asked for the paperwork and he told me that I was trying to dig up dirt on my ex-wife. Can he override the Beneficiary for investments

Paul Premack
Paul Premack
answered on Feb 28, 2022

Your divorce eliminated your name as beneficiary on investments. Investments like a mutual fund or stock are allowed to have a "pay on death" or a "transfer on death" designation. Sometimes the accounts will be in both names, with a "right of survivorship". The goal of... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for Louisiana on
Q: Can they convict me of burglary if I never went in the building?

In st. Tammany Parish Louisiana I have trial in one month. I was in fact on surveillance videos sitting in the uhaul but I never went in the storage building or in a unit. I never cut locks or damaged any properties. I didn't want to be involved. Can they actually convict me with the crime if... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2022

If you have trial in 1 month you should have an attorney representing you----please discuss with your attorney. If not, then you need to hire a criminal defense attorney immediately because you do not want to go to a felony trial representing yourself. Lastly and perhaps most importantly, stop... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Securities Law for Louisiana on
Q: If I can follow someone who stole/scammed me out of my BTC currency is there a way of getting back?

I was scammed by someone who claimed to be working as a broker for Bitmap cryptocurrency. I found out once they told me whoops I gave you too much money can you please send me back this much through cash app. I was like oh man this is a freaking scam thing it so I am out at $2000 so far with them

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 5, 2022

You can report the crime to the FBI

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for California on
Q: In California, Are police officers allowed to tamper with or vandalize security cameras on private/residential property?

Police officers came to the home of my mother-in-law because her son was in violation of his probation. They [Police officers] entered our home and noticed our security camera and immediately disconnected it. When I asked why he did that, he said, "because we're supposed to. It's... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 16, 2022

You don't mention whether the police were given permission to enter the premises under the circumstances you described. Causing property damage during such a call at private property is not proper or legal, in my opinion. Disabling the recording system is one thing, but damaging the system by... View More

1 Answer | Asked in Federal Crimes, Identity Theft, Securities Law and Stockbroker Fraud for Nevada on
Q: Rollover IRA checks mailed to the wrong PO BOX by OneAmerica and were electronically deposited by someone else.

Back in October, I started a rollover IRA with my previous employer’s retirement services company, OneAmerica. Unfortunately, OneAmerica sent the checks (payable to Fidelity FBO w my name on them) to an incorrect PO BOX (1 number off). These checks were electronically deposited by the owner of... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 29, 2021

You may have more trouble getting your rollover IRA money back than you had hoped. Why?

Because it was deposited electronically (without prejudice) and credited to some unknown person's account at Wells Fargo Bank, N.A., which is notorious for holding onto money not supposed to be...
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1 Answer | Asked in Securities Law for Michigan on
Q: what can I do about a apartments negligence to broken security cameras?

Car was broken into, I made a police report, thought the cameras on the premises worked... turns out they have been broken for years, with no plan to fix them and to keep them as a "deterrent" even though they are hidden

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2021

Not sure you have a cause of action against the apartment complex. Generally, others are not responsible for others' criminal actions. And unless they had some sort of affirmative duty to provide for this security, they will likely not be liable.

1 Answer | Asked in Employment Law and Securities Law for California on
Q: Should I start the process of a lawsuit?

Hello! I am so grateful for this platform because I have no one to talk to about this. I work for a transportation company overnight as a dispatcher. Since August we had 5-6 intruders on our premises. Thankfully no one got hurt but I was very close up to one and it was scary. Recently, our HR added... View More

Neil Pedersen
Neil Pedersen
answered on Dec 14, 2021

A lawsuit is not going to get you what you need right now.

You cannot sue your employer for exposing you to danger. If you face injury you file a workers compensation claim.

If you have workplace safety issues, you can try reporting the conditions to OSHA who promulgates workplace...
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