My inheritance has been stolen or depleted by my mother's financial advisor and his unsavory tactics are now being uncovered. My mother is still alive but her money is gone my inheritance what if any rights do I have to pursue a claim or criminal charges theft is over one million dollars .
answered on Feb 26, 2023
Financial exploitation of elders is a serious problem and it is illegal under California law. Under California Penal Code section 368, financial exploitation of elders is a crime that can result in criminal charges and penalties, including imprisonment and fines.
If you believe that your... Read more »
I do not have any licenses (7, 63, 65). With the appropriate disclaimer, can I publish these trades in app or newsletter for a monthly subscription fee? If no, would the answer change if I was simply listing the trades I made in my own account (as opposed to providing advice) ? ie....not a... Read more »
answered on Nov 23, 2022
The question is really whether the activities identified in your question would fall under the Investment Advisers Act of 1940 (15 USC s. 80b, et seq.) which identifies advisory activities in section 202(a)(11) (15 USC 80b-2(a)(11) essentially as follows:
an investment adviser means any... Read more »
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.
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... Read more »
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... Read more »
Yeah because I have reason to believe that my father's name was changed my mother's name was changed and then they made everything look that way now people are benefiting from everything that's written on the story and then it appears that my father and my mother the identity was... Read more »
answered on Jun 20, 2021
Most fraud offenses can be investigated by either local or federal authorities. If you have evidence of a criminal fraud or identity theft, you can begin by reporting that evidence to either your local police department of FBI field office.
- Law Office of Joseph Abrams, Anaheim, CA
answered on Jan 28, 2021
First, this is not "Stockbroker Fraud". If you do not select the correct category, then attorneys that handle that kind of case do not get a notice. Next, Moving companies are federally licensed, you should look up your company on the internet and you will find out a lot about them,... Read more »
If not, and a contract was made for that purpose. Let's say the loaner, loaned $5k and was promised back $10k.
Would the borrower still be obliged to give $10k
even though the contract is not legal?
answered on Jun 15, 2019
There is nothing inherently illegal or unenforceable for a contract concerning trading stocks. However, there are a lot more questions that would need to be answered in order to know for sure, including what state you are in. There may be a requirement for the person doing the investing to be a... Read more »
she is deceased now but theystole over 200,000, from her and vanished,and I just discovered this,going through her papers.
answered on Jan 11, 2018
1. Call the police/DA's office. 2. The mother-in law's heirs may be able to pursue a financial Elder Abuse claim against the financial advisor and his employer. 3. Depending on the type of financial adviser, there may be state/federal licensing agencies to whom a complaint can be... Read more »
What can a person do
answered on Dec 28, 2017
without all the facts it is hard to analyze.
this kicks in when you are interfering with someone else's business relationship.....ie they are trying to sell, enter into contract etc and you are causing them to lose their deal etc
I would like to set up a Marketing Service Agreement (MSA) to give part of my commission to a charitable organization in my area to buyers and sellers that engage the promotion. I want to advertise on the organizations website and newsletter with the offer. My company says this is an illegal... Read more »
answered on Nov 20, 2017
Your commission is yours after you receive it, and not before. It has nothing to do with the company or any "referral" fee. Are you trying to divert or delay income to avoid this years alternative minimum tax?
You don't really need a real estate lawyer. You need a lawyer... Read more »
answered on Nov 6, 2017
Generally speaking, extrinsic fraud exists where one obtains a judgment in court by producing some kind of false or fraudulent evidence which could not have been discovered by the adverse party at the time it was presented, and was only discovered afterward.
Let us say Sept 3 - the due date is a Sunday. Is a consumer protected from any ‘late fees’ if paid amount due is paid the following open day? Monday?
answered on Nov 6, 2017
You need to look at the terms of the contract you entered with the creditor. Generally speaking, if the due date is a day the business is closed, it is generally accepted practice to give a grace period until the next business day. I have not researched the Civil Code on this issue recently, but... Read more »
if documented proof of fraud and violations of CAL BRE regulations, ca.BPC, just to name a few are documented and verified. I lost my home and this has seriously hurt my family. WHAT CAN I DO ?
answered on Sep 26, 2017
Sorry to hear you have gone through this situation. YOu should retain a real estate/business lawyer to file a claim.
Depending on the damages and the strength of your evidence, yes, attorneys may be willing to take this type of case on a contingency.
A full consultation would be... Read more »
I recently financed rims and services through a store. The store told me the rims wont fit my car so they cancelled the order. I asked them to cancel the rims and services completely, being that the rims I wanted would not work on my vehicle. I wanted to get a refund to pay the loan off completely... Read more »
answered on Jul 22, 2017
You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of... Read more »
answered on Jul 1, 2017
It depends on the contractual language between the parties. 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/... Read more »
answered on Jun 20, 2017
You can check the legislative history of any statute at your local law library or via online records of the CA legislature re: this particular statute. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... Read more »
They said they filed with warrent what does that mean?
answered on Jun 16, 2017
After you are released O.R., then you still have to go back to court. If you miss that court date, then a warrant will be issued. If this is not what happened, there are other possibilities, such as a court clerical error, or a notice to appear with a different date but you never received the... Read more »
Once BRE files accusation, can i use this against broker in civil court?
answered on Jun 1, 2017
That might serve as some evidence. Have you already filed the civil case? 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... Read more »
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... Read more »
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... Read more »
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... Read more »
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