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1 Answer | Asked in Securities Law for California on
Q: Do judges have a financial incentive in the outcome of court cases for capital gain surety bonds?
James L. Arrasmith
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answered on Apr 26, 2023

No, judges do not have a financial incentive in the outcome of court cases for capital gain surety bonds. Judges are required to be impartial and unbiased in their decision-making, and they are bound by ethical standards that prohibit them from engaging in any behavior that would compromise their... Read more »

1 Answer | Asked in Employment Law and Securities Law on
Q: My boss called me in a disciplinary hearing but I never sign a contract, is it Okey?

I'm in security field so he send me the letter so I want to know if it's right for him to do so

James L. Arrasmith
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answered on Mar 8, 2023

If you have never signed an employment contract with your employer, it may be more difficult for your employer to enforce certain policies and procedures or to take certain disciplinary actions against you. However, the absence of a signed contract does not necessarily prevent your employer from... Read more »

1 Answer | Asked in Contracts, Banking and Securities Law for New York on
Q: Can you purchase shares of a private Company on the Secondary Market but NOT disclose the purchase to the Company?

In other words, does the Seller of the shares have to disclose the sale to the Company, inclusive of who the Buyer is?

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Mar 6, 2023

Greetings. It appears you would like to purchase shares of a non-public company. A purchaser who meets the SEC definition of a qualified purchaser may buy shares of a non-public company. Often brokers are required to facilitate the purchase. Due diligence is also required. During the due... Read more »

1 Answer | Asked in Securities Law for California on
Q: I need a letter of opinion that the crypto I created for sale/swap is not a security.

The credit card company asking for this letter.

James L. Arrasmith
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answered on Mar 3, 2023

It is important to note that whether a crypto asset is considered a security depends on various factors and requires a careful analysis of the specific circumstances surrounding the creation, sale, and use of the asset. The analysis may include, but is not limited to, considerations of how the... Read more »

1 Answer | Asked in Internet Law and Securities Law for Oklahoma on
Q: Does two-factor authentication using your personal phone put the phone at risk for an open records request?

In municipal government, if you submit your personal phone number to be either texted or called with a code to verify your identity as an extra security measure when logging onto a work computer, does this open the contents of that phone to be requested during an open records request?

James L. Arrasmith
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answered on Mar 2, 2023

It is unlikely that providing your personal phone number for two-factor authentication in a municipal government system would make the contents of that phone subject to an open records request. Open records laws typically apply to government documents and information, not to personal devices or... Read more »

1 Answer | Asked in Securities Law for Florida on
Q: I would like to whistleblower or sue a national investment firm that: 1) Lost $78,000.00 for 228 days

2) When they were informed the money had disappeared, it took them 17 days to find it

3) They had the money since before 2008

4) I believe they should have used a slush fund to release the funds until they "found the folder." No apology; no other excuse for the loss.... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

The statute of limitations can vary depending on the type of claim and the jurisdiction in which the claim is filed. You may want to consult with a qualified attorney who can review the specific details of your case and advise you on the applicable statute of limitations and potential legal options... Read more »

1 Answer | Asked in Securities Law for Tennessee on
Q: How do I get my money back from a financial investment firm who has not delivered my precious metals?

About a year ago, I transferred funds from my Roth IRA to Regal Assets in Calif. to purchase precious metals. They have not delivered the coins to the holding facility. I am in Tenn.

James L. Arrasmith
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answered on Mar 2, 2023

If you have not received the precious metals that you purchased from Regal Assets, you should first try contacting them directly to inquire about the status of your order and request a refund if necessary. If they are unresponsive or unwilling to issue a refund, you may need to take legal action.... Read more »

1 Answer | Asked in Securities Law for Michigan on
Q: Is it insider trading to purchase stock in a competitor if you know that results from a study may boost their stock?

Specifically, if you work at a private medical company and have done a study on your product and have information that the product may be used to treat something new that it's not currently used for - would it be illegal insider trading to purchase stock of a public competitor who sells a... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

Yes, it could potentially be considered insider trading if you purchase stock in a competitor based on non-public information about the potential success of your own company's product. Insider trading is the buying or selling of a security, in breach of a fiduciary duty or other relationship... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
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answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... Read more »

3 Answers | Asked in Criminal Law and Securities Law for Minnesota on
Q: I cannot find my fiance and there illegally holding him in federal prison . I'm scared there hurting him and I have no1

He's being held for something he didn't do and he mentioned the police brutality and fabrication he's going thru

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear that you are going through this difficult situation. It is important that you take immediate action to locate your fiancé and ensure that he is safe. Here are some steps you can take:

Contact the Federal Bureau of Prisons (BOP) to find out if your fiancé is in their...
Read more »

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2 Answers | Asked in Business Formation, Business Law and Securities Law for New York on
Q: can I have legal liability by sharing financial statements from another location with an investor
Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

Every action that a corporate officer undertakes can potentially lead to liability under State and Federal Securities laws, banking laws, contract laws, fiduciary rules, and more. Your question is extremely brief. My guess is that it's only an iceberg question: meaning there is a lot more... Read more »

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2 Answers | Asked in Business Formation, Business Law and Securities Law for New York on
Q: can I have legal liability by sharing financial statements from another location with an investor
Tim Akpinar
Tim Akpinar
answered on Dec 24, 2022

It could depend on what your capacity is, as an officer, fiduciary, etc. This is posted under "Uncategorized." It sounds like something that attorneys who practice in Business Law, Securities Law, Business Formation, and confidentiality agreements would have insight into. Some questions... Read more »

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1 Answer | Asked in Business Formation, Business Law and Securities Law for Texas on
Q: Can I start a business that sells bonds to friends and family, then invest that money in the stock market?

I'm an investor with 14 years experience. My friends and family all want my help because I've made excellent returns but it is my understanding that I can't help them, because I'm not a financial advisor, and they could sue me if they lost money (is that even true?). So I want... Read more »

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

Forming a brokerage firm like this and creating a bond to offer to members of the public is a relatively complex endeavor.

You need to contact a business formation attorney who handles SEC regulated securities firms to avoid potential criminal legal problems

2 Answers | Asked in Securities Law and Stockbroker Fraud for Florida on
Q: Broker decided to close my account and sell my securities. They said I broke section 3 of their agreement without detail

Is it legal for a brokerage firm to decide they no longer want to manage my account and sell my securities without my permission. They refused to transfer them to another firm.

Robert Howard Rex
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answered on Oct 12, 2022

A firm can ask a customer to leave, however they should not liquidate any positions unless authorized by the customer. Generally transfer of securities is done via ACAT which is initiated by the receiving firm. You should ask your new broker to initiate the transfer.

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2 Answers | Asked in Securities Law and Stockbroker Fraud for Florida on
Q: Broker decided to close my account and sell my securities. They said I broke section 3 of their agreement without detail

Is it legal for a brokerage firm to decide they no longer want to manage my account and sell my securities without my permission. They refused to transfer them to another firm.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 22, 2022

Yes, it is legal for a brokerage firm to decide that they no longer want your business.

No, it is not legal for the brokerage firm to liquidate your securities unless they have a good reason.

For any more help you will have to retain a lawyer. Search for one using Justia.

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1 Answer | Asked in Securities Law for California on
Q: Is it legal to purchase stock options from an employee at a private company?

I.e. Could I legally cover the taxes on an employee's vest, to "purchase" the shares that would normally be sold to cover the taxes associated with the vested stock amount? If I formed a private agreement with that employee to earn the return on those shares, minus some percentage,... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

This seems like a strange way to address the issue. Without speaking to your specific situation, a loan, to be repaid [secured or unsecured], would be a way one could cover costs. You need to speak with a local attorney regarding your specific situation. [I litigate cases. Anything posted here must... Read more »

2 Answers | Asked in Securities Law and Stockbroker Fraud for California on
Q: My question pertains to potential breach of fiduciary responsibility by my financial advisor, Merrill Lynch.

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 »

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Jul 28, 2022

The advice Mr. Neuman gave is good advice. If I may add a couple of thoughts. 1. Merrill does sell iBonds. They're a low commissioned product so they may not recommend them much. 2. I doubt your damages are as high as you think as you cannot buy more than $10,000 in iBonds a year. 3.... Read more »

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2 Answers | Asked in Securities Law and Stockbroker Fraud for California on
Q: My question pertains to potential breach of fiduciary responsibility by my financial advisor, Merrill Lynch.

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 »

David Neuman
David Neuman
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 »

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2 Answers | Asked in Securities Law and Stockbroker Fraud for New York on
Q: Financial investment question

I currently have access to a crypto investment fund through an individual who trades to make a group of us money, and I want to open it up to friends and have them go through me in order to invest. I pay $200/mo to have access to the fund, so I would charge them $100/mo and have them go through me.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 16, 2022

Your present plan as stated by you above is unlawful in several different ways. all of which can (possibly) be remedied if you can find and hire a very experienced Florida lawyer who has banking and securities regulatory experience.

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2 Answers | Asked in Securities Law and Stockbroker Fraud for New York on
Q: Financial investment question

I currently have access to a crypto investment fund through an individual who trades to make a group of us money, and I want to open it up to friends and have them go through me in order to invest. I pay $200/mo to have access to the fund, so I would charge them $100/mo and have them go through me.... Read more »

Chris Warren
Chris Warren
answered on Jun 16, 2022

This response does not constitute legal advice.

Yes. If you take your friends' money for access to an "investment fund" an "individual" (read: not a broker) runs, you could be violating several securities laws as well as potential "blue sky" State laws....
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