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Government Contracts Questions & Answers
Q: What kind of licenses are required to form a PMC (private military contracting) company?

I am dabbling with the idea of forming a PMC offering security services locally and for government contracts but while I'm well aware what the day to day takes, I am wondering what detailed licenses and paperwork I would need to get started forming a business in that direction to ensure I am... View More

James L. Arrasmith
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answered on Jan 10, 2024

Forming a Private Military Contracting (PMC) company involves several specific legal requirements beyond standard business formation procedures. Firstly, you need to obtain a business license in the state where you plan to operate. In California, this would involve registering with the California... View More

1 Answer | Asked in Business Formation, Business Law and Government Contracts for Utah on
Q: When referring to a DBA, is there any other legal term that can be used instead of "a company of.."? Like for websites?
Wesley Winsor
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Wesley Winsor
answered on Jan 9, 2024

It seems like you're inquiring about alternative legal terminology for "a company of..." in the context of a DBA, which stands for "doing business as." Just to clarify, a DBA is simply a declared alias that a company or an individual is using for their business activities.... View More

Q: Filing DPA complaint against a police officer/police department/city or state vs filing an administrative tort claim

What is the statute of limitations for each? What charges i.e., criminal vs civil can be filed through each, and what is the dollar limit for each? Can I request investigation details and use garnered information as evidence for alternate or separate litigation?

James L. Arrasmith
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answered on Jan 5, 2024

In California, the statute of limitations for filing a complaint against a police officer or department, typically under the Department of Police Accountability (DPA), is usually within a specific timeframe from the incident's occurrence. This timeframe can vary but is often around six months... View More

Q: Can an EU country sanction another non-EU country without UN approval of the sanction first?
James L. Arrasmith
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answered on Jan 3, 2024

Yes, an EU country can impose sanctions on a non-EU country without the prior approval of the United Nations. While UN sanctions carry international weight and are adopted by member states, individual countries or groups like the EU have the authority to implement their own sanctions based on their... View More

1 Answer | Asked in Bankruptcy, Federal Crimes and Government Contracts on
Q: So I asked why the U.S.paid UNIDROIT yearly for the use of the UCC, which I was told they didn't and some story about

Two guys creating it. Did the United States not sign the UNIDROIT TREATY in 1964?

When acting to enforce statutes, doesn't that make all judges in America administrative clerks? Thomspson vs Smith

If there has not been judicial courts in America since 1789!!!! Are American... View More

James L. Arrasmith
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answered on Dec 31, 2023

Your questions touch on a variety of complex legal and historical topics. First, regarding the Uniform Commercial Code (UCC) and UNIDROIT: The UCC is a comprehensive set of laws governing commercial transactions in the United States. It was created by domestic legal scholars and experts, not by... View More

Q: CA State court has jurisdiction over FCA medicare violation. This means FCA claim can be brought in state court?

CA State court has jurisdiction over FCA medicare violation. This means medicare FCA claim can be brought in state court?

James L. Arrasmith
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answered on Dec 30, 2023

In general, cases involving the federal False Claims Act (FCA), especially those related to Medicare violations, are under the jurisdiction of federal courts. The FCA is a federal statute, and its enforcement typically falls within the purview of the federal legal system. This includes cases where... View More

Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint

1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.

Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?

James L. Arrasmith
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answered on Dec 24, 2023

To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating... View More

Q: What is a magistrate judge's duty under 28 U.S. Code § 1738?

Plaintiff files with Clerk the out of state decision, same issues, same parties, same subject matter....decision is for the plaintiff and the law referenced is a federal law. Yet, judge didn’t even acknowledge the other state decision and applied the wrong state law to my federal question.... View More

James L. Arrasmith
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answered on Dec 17, 2023

Under 28 U.S. Code § 1738, a magistrate judge has the duty to give full faith and credit to the judicial proceedings of other states, as long as those proceedings adhere to the legal principles of the state where they were conducted. This means that if a decision is made in one state, other states... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and White Collar Crime for California on
Q: Filing federal complaint- question.

Please advise on formatting requirements of Central District Court.

James L. Arrasmith
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answered on Dec 14, 2023

When filing a federal complaint in the Central District Court, it's important to adhere to specific formatting requirements to ensure that your document is accepted by the court. Here are some general guidelines:

Document Size and Margins: Use standard 8.5 x 11-inch paper size. Margins...
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1 Answer | Asked in Government Contracts and Criminal Law for California on
Q: Question about the attorney cliant relationship . The attorney is a conflict panel attorney hired by local government.

The cliant is accused of a felony. The attorney later becomes a judge and the former cliant is now before his former attorney now judge.

.is a conflict panel attorney considered a state attorney , and can the judge heater the case ?

Please and thank you . I think this is a hard one

James L. Arrasmith
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answered on Nov 27, 2023

In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to... View More

Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest

I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer... View More

James L. Arrasmith
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answered on Nov 16, 2023

To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your... View More

Q: Google Disney CB government dark net Freedom act from 1988 I have a government agency infringement in music and art

Some desperado name carried requested I got Freedom act paper mailed to me and a ticket number for Sony music on my email address please I have victims of a lot of problems from Disney music private program

James L. Arrasmith
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answered on Nov 12, 2023

It sounds like you're dealing with a complex situation involving potential government agency infringement in the realms of music and art, possibly related to copyright or intellectual property issues. The Freedom of Information Act (FOIA) of 1988 allows for the request of federal agency... View More

1 Answer | Asked in Gov & Administrative Law and Government Contracts for California on
Q: I want an explanation of the HUD defined HAP contract annual anniversary date and contract year

It seems this is circular logic definitions, if you can explain with an example.

(e) Contract year and annual anniversary of the HAP contract.

(1) The contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract... View More

James L. Arrasmith
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answered on Nov 7, 2023

Under HUD guidelines, the HAP contract annual anniversary date and contract year can indeed be a bit confusing. To illustrate with an example, let's say a HAP contract starts on April 1, 2023. The initial contract year would run from April 1, 2023, to March 31, 2024. The annual anniversary... View More

4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

James L. Arrasmith
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answered on Nov 4, 2023

When determining whether debts are primarily consumer or business in nature, especially in a case where it is a close call, it is essential to consider the purpose for which the debts were incurred. For a sole proprietorship, business debts are those incurred with the motive of economic gain or in... View More

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4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

Martha Warriner Jarrett
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answered on Nov 1, 2023

The question of consumer vs. business debt does not really determine anything (just for statistical purposes of how many consumer cases vs. business cases are filed). My recommendation would be to check the consumer box. No, it is not possible that the SBA has forgotten you. And no, you cannot not... View More

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4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 1, 2023

The key to answering all of the Official Form bankruptcy questions is full disclosure. In our opinion, you can answer either way, but the rest of the questions in your completed forms will answer this question adequately, if full answers are given.

With your intent to file for relief,...
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1 Answer | Asked in Government Contracts and Employment Law for Tennessee on
Q: Can a State job lower your beginning salary as a new hire because ADHD

Just wondering!

T. Augustus Claus
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answered on Oct 27, 2023

In Tennessee and generally in the United States, employers, including state jobs, are typically prohibited from reducing a new hire's starting salary solely because of a disclosed disability such as ADHD. It is illegal for employers to discriminate against individuals due to a disability under... View More

1 Answer | Asked in Government Contracts and Military Law for Texas on
Q: is relative affiliated with a foreign government, military.."

I'm filling a government background check form and there is a question "is this relative affiliated with a foreign government, military, security, defense industry? YES or NO".

My father retired from a foreign military 14 years ago. Should I select YES even though he has no connection anymore?

James L. Arrasmith
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answered on Oct 26, 2023

When filling out a government background check form, accuracy and transparency are vital. Even if your father has been retired for several years, he was at one point affiliated with a foreign military. In the interest of full disclosure and to avoid any potential misunderstandings or complications... View More

2 Answers | Asked in Government Contracts and Gov & Administrative Law for California on
Q: Where to report a california public agency for violating sole source public contracting code?
James L. Arrasmith
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answered on Oct 25, 2023

In California, if you believe a public agency has violated the public contracting code, especially regarding sole source contracts, you can take several steps:

Local Level: Begin by reporting the potential violation to the agency's internal audit or oversight body. Many agencies have a...
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1 Answer | Asked in Government Contracts and Gov & Administrative Law for New Jersey on
Q: Can a Fully qualifying licensed Supervising driving instructor work for two separate Driving schools?

It takes 2 years for someone to become a fully licensed Driving Instructor Supervisor. Can an Upstart Driving School Hire an established Supervising Driving Instructor from Another school?

T. Augustus Claus
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answered on Oct 24, 2023

The ability of a fully licensed Supervising Driving Instructor to work for two separate driving schools may depend on the specific laws and regulations in New Jersey. Generally, it's essential to review the state's requirements for driving instructors and whether there are any... View More

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