The person I referred lost money. I did not receive any money from the person I referred or the investor.
There are attorneys on this board who are knowledgeable in securities-related matters who could best advise, but your post remains open for two weeks. As a GENERAL premise, for someone to be liable for scamming or defrauding someone, it usually has to be shown that they had an intent to deceive or... Read more »
I invited with HNO
It would be best for an attorney in the area you posted in to advise. But with the question remaining open for three weeks, it's possible that financial advisors or investment brokers might be more familiar with this than attorneys. Good luck
Tim Akpinar
So I was given two checks for a side job I deposit it to my account and they decline next day I was called that the check’s were fraud but they bank never gave me the money. I gave them the emails and address of where I gotten them and they froze my account. When I login into my account I had... Read more »
If you never got the money and the checks were declined, the bank must suspect you for fraud. There is something not right but if the whole matter is over $110 there is little a lawyer can do. When the courts reopen, make a small claims suit.
Broker was a national security dealer. When broker learned of death did not disclose post-death withdrawals from account to estate fiduciary.
Who are you to this deal? It may not be prejudicial. Depends on where the money went and where it was supposed to go. If to you, you can sue. The broker cannot be liable for not knowing of death, but can be liable if it should have known authorization was improper.
I was the victim of a Ponzi scheme in 2017. The liquidation trust has made its initial distribution and anticipates more payments over the next several years. This first payment represents less than 10% of the expected reimbursement, so it appears this will indeed be a long process. The only... Read more »
If I am reading your interesting question correctly, some state and/or federal law enforcement agencies have already shut down the Ponzi scheme that bilked you out of a substantial amount of money and has set up a liquidation trust that is selling off the criminal's assets; and so you are just... Read more »
i have invested $20,000 in a company selling securities, i was told they would send the certificate of stock after 6 months, it has been more than a year i have yet to receive a certificate, the company is still online selling securities but their information have chnaged i cannot get any contact,... Read more »
It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in... Read more »
Churning in connection with investment fraud is simply when a customers investment advisor generates a high amount of trading activity in the customers investment account in order to collect more commissions. Churning is most commonly measured by checking the turnover ratio of the investment... Read more »
from him?
Even if your stockbroker has filed for bankruptcy you may still be able to recover investment assets lost in connection with the Ponzi scheme. If your stockbroker was licensed with a registered broker dealer then a FINRA arbitration could be commenced against the broker dealer and recovery of your... Read more »
was actually qualified to give me advice on investing - do they have any kind of certification they have to have?
If your "financial planner" is a stockbroker who sells and markets stocks, bonds or other securities products, the easiest way to assess their certifications is checking the FINRA platform Brokercheck. Simply type in the brokers name and you will see what certifications the broker or... Read more »
You absolutely may still have a stockbroker fraud claim if their was a market downturn. Much will depend on the violation that you are alleging occurred whether it be fraud, misrepresentation, unsuitability or any number of potential violations. Your investment losses and whether you have sustained... Read more »
and then the investment didn't work out - can we still sue?
As a former Series 7 and 66 stockbroker I can attest to having personally "talked up" many different securities. Whether there is a cause of action depends on what you mean by "talked up". If the stock broker mispresented the issue or provided false information concerning the... Read more »
I signed a contract before applying for an apartment. It stated what the rent would be and agents fee amount and deposit amount. It should be noted it specifically stated the credit check fee was nonrefundable, but did NOT say that the deposit was nonrefundable. Two days later, after determing the... Read more »
The law varies between states but generally the terms of the contract (deposit agreement) control the rights of the parties. You state that the deposit agreement does not contain language stating the deposit would be nonrefundable but you haven't said it states the deposit would be... Read more »
The licensing body of the brokerage (SEC, FINRA for most securities) and the local realty association + state licensing division for real estate brokers have ethical codes that must be followed. Contact me directly (preferably via email) to go over the activity and I can give you an opinion.
Yes, most brokers are licensed through either the Dept. of State (Real Estate Brokers for instance) or a private organization (FINRA for stock brokers for instance). You can go to their website to check the status of your broker.
You can do it yourself, but see this primer: https://www.avvo.com/legal-guides/ugc/abraham-lincoln-had-it-right---he-who-represents-himself-has-a-fool-for-a-client
Attempted to rent a co-op in NYC. Their broker said he could definitely get us in within a week of submitting the application, citing inside relationships with the board of directors. It took over a month for 2 such board members to coordinate their schedules to meet with us. Instead of moving from... Read more »
Fraudulent misrepresentation is difficult to prove, actual damages would be difficult to prove in any case since moving is always a disruption of daily life. You can try to put together a list of some damages / out-of-pocket expenses incurred that wouldn't have been incurred otherwise and if... Read more »
What does your contract say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »
recommendations?
Sounds like you may want to raise the issue with him and either file a FINRA request for mediation or arbitration. We're you damaged financially in any way? You don't have to answer on a public forum, feel free to email me privately to discuss.
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... Read more »
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.
No, but there can be a claim for excessive commission.
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