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1 Answer | Asked in Securities Law for Tennessee on
Q: Can our neighbor use security cameras in close proximity to my house to watch my children near his yard?

He has called the police on my son before told them he was banging on his house. But it wasn't him because everyone was sick and inside the whole day. At this point i feel like it is harassment and invasion of my privacy.

Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2021

Yes... Surveillance of one's property is legal. Government Surveillance of public areas except rest rooms is legal.

1 Answer | Asked in Immigration Law and Securities Law on
Q: Does insider trading conviction prevents from getting US visa, or from entering if a visa was given prior to conviction?

Max penalty the country of origin for it is 2 years but expected penalty is few months or community service. convicted person is 3rd party to the company (not an insider, not directly connected with an insider). Is it possible to get a waiver? convicted person also has a Masters degree from top 5... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 31, 2020

You should have an experienced immigration attorney review the record. If this is an Aggravated Felony you may be exclded and no waiver may be available at least for some years. If this is a CIMT you may be eligible to file a waiver. If you are aligible for a waiver you will need to meet the... Read more »

2 Answers | Asked in Securities Law for New York on
Q: A company disclosed material non-public information in a closed invite only industry conference. Does it make it public?

The company disclosed a slide that was released 2 months after and also heavily inclined about in an investor conference 2 weeks after. Does trading on the expectation of the release of something described in the slide is legal in this time period?

Kevin Abessi
Kevin Abessi answered on Dec 29, 2020

The SEC may deem this "selective" or "privileged" disclosure, which would fall under the umbrella of insider trading. The concern here is the fact that it's an invite-only event, and SEC rules tend to distinguish between open settings and those to which "the little... Read more »

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1 Answer | Asked in Criminal Law and Securities Law for New York on
Q: Can i carry a 4" blade pocket knife in public if i have a felony in New York State?
Michael J Stachowski
Michael J Stachowski answered on Dec 28, 2020

Section 265.01 prohibits gravity knives and switchblades or any knife intended to be used against another. It does not fro hi it Foldable knives or pocket knives. There is no specific prohibition of a felon in possession. That is limited to guns of any type possessed by a felon which is prohibited... Read more »

1 Answer | Asked in Securities Law on
Q: What Happens to (pre-IPO) warrants when there is a 10:1 stock split?

I own warrants to purchase 2000 shares of a US based pre-IPO company. They recently did a 10:1 stock split. Should the number of shares (and exercise price) increase in my warrants to reflect the split?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 4, 2020

If these warrants work like normal warrants do, the number of your warrants just went up 10 fold and the value of your warrants went down 90%.

1 Answer | Asked in Child Support, Securities Law, Social Security and Tax Law for North Dakota on
Q: Is there a legal way to be exempt from paying tax? Also a legal way to cash out all of your social security?

I want to be able to have money for my retirement or to leave to my children when I pass away with the New president election for 2020 im afraid I will loss all the money put into my social security over the years and im not willing to risk that because are new president wants to change are... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Although you cannot avoid taxes, you may want to look into trusts in South Dakota.

1 Answer | Asked in Identity Theft and Securities Law for Illinois on
Q: SSN Fraud

Hi, good night I have a question and would like to know something about a problem with a friend, which is that a friend thinks of getting a fake SSN and green card for work purpose but he thinks of changing his name and birthday but he had a picture with a fake green card and I would like to know... Read more »

T. J. Jesky
T. J. Jesky answered on Nov 17, 2020

First, I hope your friend is not you. Of course this is fraud. Yes, if caught this would adversely affect his immigration status. And, if this is really a friend, and not you, you may be an accomplice to this fraud. Don't do it!

3 Answers | Asked in Securities Law and Stockbroker Fraud for Illinois on
Q: Is it illegal for me to give a friend my login credentials for my brokerage account and have him trade for me?
Samuel B. Edwards
Samuel B. Edwards answered on Nov 17, 2020

It is not "illegal" to share your login credentials, but it is likely a violation of your brokerage account agreement. Most brokerage account agreements contain language that says you agree you will not share your login information with a third party. So, it could be a breach of your... Read more »

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1 Answer | Asked in Securities Law for New York on
Q: I have questions regarding securities and exchange commission laws.

I own a options trading website where I provide trade ideas of specific stock tickers based on fundamental and technical analysis. I charge subscribers monthly fees. I do not provide investment advice of any sort, just trade ideas of good stock setups. I don’t tell my subscribers what to do from... Read more »

Kevin Abessi
Kevin Abessi answered on Nov 16, 2020

Given the facts at hand, you appear to be on the right track. A seminal case is Lowe v. SEC, 472 U.S. 181 (1985), which essentially declared that an exclusion from the definition of investment adviser is available to any publisher of a newsletter as long as remains entirely impersonal and does not... Read more »

2 Answers | Asked in Securities Law for California on
Q: I was married from 1989 to 2014 leagally and died in 2015 do I have right to his pension or social security?

I currently living in Denver

And have been in europe with a friend

No house of my own in california

Maurice Mandel II
Maurice Mandel II answered on Nov 2, 2020

First, this is not a "Securities law" question, and your question will not go to the correct attorneys for an answer, see, you get me! This is Family Law or Probate. But the quick answer is that once you divorced him in 2014, all rights you had to any aspect of his estate were... Read more »

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2 Answers | Asked in Stockbroker Fraud and Securities Law for Texas on
Q: Can a broker (Charles Schwab) randomly closed my broker account.

I have my 401K and a 529 account with Charles Schwab. I opened a new acct on the 25th of Sept to attempt to trade. On the 6th they blocked my account for "fraudulent" reasons and the investigative team we supposed to call back within 48 hrs to discuss the matter. After several calls for... Read more »

Robert W. Pearce
Robert W. Pearce answered on Oct 12, 2020

You need to put them on Notice in writing of your objection to the freeze, remind them you have open positions and your intention to sue them for any and all damages unless they take your orders and unfreeze the account or hire an attorney to do that immediately.

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1 Answer | Asked in Securities Law for New York on
Q: Who notifies SEC when employment is terminated from an RIA with ~$200 million in assets under management?

I recently quit a job I was at for 9 months. Do I notify the SEC that I left or do they? and if I do, how do I go about doing this?

Robert W. Pearce
Robert W. Pearce answered on Oct 10, 2020

Both of you have the responsibility to make sure the IARD is accurate but you are the one that may have consequences. Go to the SEC website for the forms and guidance. https://www.sec.gov/divisions/investment/iard/iardfaq.shtml

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Securities Law for Georgia on
Q: We purchased our house in 2008, only to find there's a breech of contract—title NOT free of encumbrances.

We discovered in 2016 our house was foreclosed back in 2011 by the bank that issued our builder's loan. This has robbed us access to our equity and the consideration upon signing the contract to begin with. We are still living in the house. Is the contract void? What are our rights?

Seth Meyerson
Seth Meyerson answered on Oct 8, 2020

I think we talked about this one at some length.

1. Figure out what a third-party bank thinks is wrong with your title, if anything. -- Title insurance issue.

2. What were the terms of the modification that you signed? Were there misrepresentations made to you to induce your...
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1 Answer | Asked in Banking, Business Formation, Business Law and Securities Law for Virginia on
Q: Does a company need to register as a financial advisor if partners or members are only buying/selling securities?

Wanted to know because I'm looking to open a partnership or llc. No financial advice will be given to partners or members. One person would do all the transactions on behalf of company. This is for investment purposes.

Robert W. Pearce
Robert W. Pearce answered on Oct 8, 2020

If the transactions are by the Managing Member or General Partner for and only on behalf of the company in only its private securities account and the company is not in the business of just buying and selling securities as a Broker or Dealer then in my opinion no registration would be required.

1 Answer | Asked in Criminal Law, Civil Rights, Intellectual Property and Securities Law for Virginia on
Q: Is it illegal to destroy and tamper with surveillance
Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

Most likely yes. It would depend largely on the purpose for such destruction/tampering.

1 Answer | Asked in Contracts and Securities Law for Tennessee on
Q: Can I sue someone for violating securities laws in federal court for soliciting investment from me in a project?

- the person asked me for money to fund a record

- I gave money, person made record. I didn’t get the promised return.

- person is not licensed to sell securities

Robert W. Pearce
Robert W. Pearce answered on Oct 2, 2020

You can only sue under the Federal securities laws if you were sold a security. The test commonly used by the courts to decide whether you were sold a security is known as the Howey Test. If you were the only investor who made a loan for a specific return of interest it's unlikely you were... Read more »

2 Answers | Asked in Securities Law for Florida on
Q: What is meant by "This offer to compromise shall not be admissable in any subsequent claim for liability."?

From a Securities firm who wrongly allowed TOD beneficiaries to be removed and the account went to probate

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2020

It means that, should you reject the settlement offer, you cannot use the offer as evidence that the defendant did anything wrong.

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1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Securities Law for Ohio on
Q: Apartment manager decided to do a “wellness check” without telling us.. there is a lot more.

Manager entered our apartment with any form on contact before doing so while my wife was asleep naked and daughter was sleeping. Got to the bedroom door before announcing himself and my wife freaked out and tried to cover up as quickly as possible, he proceeded to stand there and stare at her while... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 16, 2020

You can file a police report, but they are unlikely to do anything. You could sue the apartment owner for trespass. Talk to the owner about the manager's unauthorized entry. Put an interior lock on the door.

1 Answer | Asked in Criminal Law, Immigration Law and Securities Law for California on
Q: Can i Immigrate to us or canada having two non felony convictions for fraud?
Dale S. Gribow
Dale S. Gribow answered on Aug 16, 2020

you need to ask this of an Immigration Attorney ..........not a criminal law.

1 Answer | Asked in Securities Law for New York on
Q: Does sending startup pitch decks to investors break Securities law? What should we be aware of?

We are free service that sends decks to investors on behalf of startups that are raising funds.

Investors are a mix of professional investors e.g VCs and angel/HNWI and are all over the USA

Robert W. Pearce
Robert W. Pearce answered on Jul 28, 2020

A pitch book could be considered to be created "in connection with" an "offer" and/or "sale" of securities and subject you to liability under Federal and state securities laws.

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