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Stockbroker Fraud Questions & Answers
1 Answer | Asked in Banking, Stockbroker Fraud and Business Law for New York on
Q: MLO license withdrawn after 20 yrs. Under article 12 e NYS law ? Conn. renewal denied. Can MLO work in another state?

Top producer and branch manager. Made a wonderful living in the banking industry. Banking License withdrawn under article 12 e. What does that mean? Denied renewal of license to sell in Connecticut too. Poor Credit? Are you allowed to apply for MLO license in the state of NJ or any other... View More

Barry E. Janay
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answered on May 31, 2017

Your questions are very specific and require review of documents. I suggest you retain an attorney on a limited basis to advise you. If you like I can assist.

1 Answer | Asked in Criminal Law, Banking, Stockbroker Fraud and White Collar Crime for Maryland on
Q: I have been sentenced but now have new evidence in my case. I wish to file a motion for reconsideration.

My attorneys do not understand real estate and as such do not understand the value of the new info thus I wish to file pro se. Need to know how to address in the motion i am doing the motion pro se

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 25, 2017

How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial... View More

2 Answers | Asked in Stockbroker Fraud for New York on
Q: Are there monetary caps on the percentage my broker can take out of my stock earnings?
Barry E. Janay
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answered on May 16, 2017

Sorry, let me rephrase. An excessively high commission can be a percentage, but the amount of money is unlimited and usually tied to good performance

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1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: My broker has been selling my stocks a lot and I'm getting dinged for all of his commission fees as a result. I'm not

seeing any financial benefit for this excessive trading but he sure is making money off the fees I have to pay him. Is this legal?

Ray Choudhry
Ray Choudhry
answered on May 8, 2017

Churning is unethical.

Depending on what is being done, it may be illegal.

Why don't you take control over the account.

1 Answer | Asked in Stockbroker Fraud for California on
Q: Is there any legal guidance for what might constitute excessive fees a broker is charging a client?
Ali Shahrestani,
Ali Shahrestani,
answered on May 3, 2017

What kind of broker? What are the fees for? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

2 Answers | Asked in Stockbroker Fraud for New York on
Q: If I feel like my broker is making trades that aren't in my best interest, can I request that my account be audited by a

neutral third party?

Joel Ewusiak
Joel Ewusiak
answered on May 1, 2017

Most likely, your current securities broker and brokerage firm will not send your account to a third party for an audit, if you make such a request. However, you may independently consult with another securities broker or lawyer to get an opinion on whether the trades are suitable in light of your... View More

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1 Answer | Asked in Stockbroker Fraud for New York on
Q: I told my broker not to trade a certain stock and they did anyway. They say it's no big deal because it made money but

I'm still irritated. Do I have any recourse?

Barry E. Janay
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answered on Mar 31, 2017

While this technically appears to be an unauthorized trade the fact that you weren't damaged means there isn't a good case to pursue anything. You probably should just consider finding another broker.

1 Answer | Asked in Foreclosure, Real Estate Law and Stockbroker Fraud for New Jersey on
Q: 3 offers in on a home - now hear none have been put to the bank buy seller's agent. No offers accepted prior.

Property is 3rd party approval and agent is claiming bank's online system doesn't allow more than 1 offer to be viewed at a time. We (and our agent) thought all offers has been put forward. What recourse do we have? We are now above asking price.

NJ, Real estate, 3rd party approval

Derek John Soltis
Derek John Soltis
answered on Mar 26, 2017

You really need to speak with an attorney. You have too many moving parts in what appears to be a short sale to get useful advice that would apply to your specific situation from a free advice website. When do you need to close by? What is the bank telling you? Are you scheduled for a sheriff sale?

1 Answer | Asked in Stockbroker Fraud, Personal Injury and Real Estate Law for California on
Q: What can I sue agent and broker for non disclosure of mold and proof of fraudulently not disclosing it

I bought a home when I was on Active Duty and agent failed to disclose mold. He hid home inspection report from me and sent it as his own disclosure. We have proof he did agent disclosure the same day as home inspection and admit to discussing all issues with home inspector. Broker confirmed the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 25, 2017

Have a lawyer review the related disclosures, contracts, and communications to determine whether fraud occurred here or whether you were responsible to conduct such due diligence investigations of the house via paid professionals. More details are necessary to provide a professional analysis of... View More

1 Answer | Asked in Divorce, Immigration Law, Stockbroker Fraud and Gov & Administrative Law for New York on
Q: What will happen and what should do ?

Hello

I was f1 visa student I got married in 2016 us citizen girl , we filled up the applications for the immigration and I got my ssn and the work authorization card ( work permit ) , and we still pending for the first interview , waiting when they will schedule our interview, I found her... View More

Christine Moccia
Christine Moccia
answered on Mar 13, 2017

You need to speak to a qualified immigration law attorney. I can advise you that if you want to seek a divorce, you have grounds regardless of any adultery. As far as the implications with respect to your status in this country, please see a qualified immigration attorney or contact a local legal... View More

2 Answers | Asked in Stockbroker Fraud for New York on
Q: What kind of damages can I get if I win a case against my broker for breach of promise?
Barry E. Janay
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answered on Mar 8, 2017

The expectation measure of damages, basically the amount that you could have expected to receive had he fulfilled his promise. There's a lot more to proving damages than that, but this is the category of damages I would argue you would be entitled to.

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2 Answers | Asked in Stockbroker Fraud for New York on
Q: Is there a good way of being able to tell the difference between stock broker fraud and normal investment losses?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

What kind of promises, guarantees, or warranties were provided to you? Was the broker licensed?More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

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1 Answer | Asked in Banking, Stockbroker Fraud, Business Law and Contracts for California on
Q: Is there a Cali law citing investment brokers or persons with SEC license owe"duty of care" to disclose material info.

Investment broker recommends an investment that turns out to be a fraudulent scheme and broker knew or should have known the project was a scam.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

You may be able to sue for negligence, if not fraud (since you say the broker "knew"). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Stockbroker Fraud and Consumer Law for Colorado on
Q: Do I still have a fraud claim on odometer rollback after 4 years?

I bought a car from the dealer in 2012 with odometer 36xxx with the loan. In 2017 I cleared my loan and tried to sell my car. Meantime I checked the carfax which shows 100xxx potential odometer rollback done by the dealer.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 9, 2017

For most criminal felony fraud charges the statute of limitations is 3 years. Under some circumstances the SoL can be extended. For civil claims, the exact end date of the fraud could be argued as a continuing matter. Be aware a Carfax "potential" rollback flag does not prove that fraud... View More

1 Answer | Asked in Stockbroker Fraud and Tax Law for New York on
Q: Can I sue my old accountant?

For years my accountant had me add up all my sales & all my write offs and off that they would determine what I owe for taxes(payroll, sales & federal/state taxes). Because of that the IRS saw a mistake so I was audited for 2 years at once. My accountant then had told me to get quickbooks... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

You may consider a malpractice lawsuit, if facts so justify. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and... View More

1 Answer | Asked in Stockbroker Fraud, Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: Can a broker keep a fee with a signed but inactive lease?

We signed a lease and paid the landlord and our broker, but the current tenant will not be out by our lease date and the landlord is discarding our lease and returning our money. However, the broker says he is still entitled to keep his fee because we signed the lease. Is this true?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

Check your contract with the broker. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: I just noticed I'm paying a fee to a person that connected me up with my broker - is that legal?
Barry E. Janay
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answered on Jan 30, 2017

Possibly, would need to know a lot more details. This could be a case of buyer beware. Why do you think there may have been something fraudulent or illegal? How high was the fee?

1 Answer | Asked in Stockbroker Fraud, Real Estate Law and Landlord - Tenant for New York on
Q: Can a broker make copies of my rental application for their own records after the lease has been signed and completed?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

I see no reason why not. It's good practice, generally. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: I signed up with a broker from another state over the phone.

He convinced me he could help with my investments. If the investments haven't done well can I do anything?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

Investments are typically risky and typically come with no warranties. Check your contract. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: My friend is a day trader and informally invested some money for me.

I feel like he blew it and I lost all the money - do I have any options to sue him?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

It depends on whether he's licensed and also the terms of your agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... View More

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