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Securities Law Questions & Answers
1 Answer | Asked in Securities Law for New York on
Q: In New Jersey, can a security guard from a major Amusement Park Six Flags question a minor in a room with just them two?

My son was caught taking a hat from six flags over the summer. Yes he was wrong. They revoked him pass for a year. I’m fine with that. I’m not fine that he was questioned alone at first before they brought his older brother in and another security officer. A few months later we received a fine... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 17, 2020

I'm sorry for your family's ordeal. A possible reason your post remains open for two weeks might be that it may have gone unnoticed under Securities Law, which is more about transactions dealing with financial assets like stocks and bonds. At this point, you could seek the opinion of a criminal... Read more »

1 Answer | Asked in Securities Law for Florida on
Q: Can an Issuer sell securities in Delaware that have been qualified per reg a tier one ?

If the answer is yes, what is the process and cost to blue sky ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2020

You should ask your question in Justia › Ask a Lawyer › Delaware › Securities Law ›.

1 Answer | Asked in Contracts and Securities Law for Georgia on
Q: In Georgia, who can I sue for security deposit - landlord or property manager (as owner's designated agent)?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 1, 2020

The landlord is the proper party to sue. If the landlord is unavailable, then pursue a case against the landlord’s agent.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Securities Law for Washington on
Q: I was a victim of securities fraud how can I file a case of be included on a case

Marcus Beam represented himself to me as a private equity account manager. I invested around $70'000 which I never received after filing redemption papers. This happen in Chicago. I recently moved to Washington

Deanna Besbekos-LaPage Esq.
Deanna Besbekos-LaPage Esq. answered on Dec 30, 2019

I am sorry to hear that this happened to you. If Mr. Beam was a registered FINRA Broker, you can file a case in the FINRA arbitration against the brokerage that he was working for at the time. We would be happy to help you with this issue. Our firm represents clients of brokers, brokerage firms,... Read more »

1 Answer | Asked in Insurance Bad Faith and Securities Law for Florida on
Q: At age 71 the Mortality Table estimated my death at age 78. Yet a CFP recommended an Allianz Annuity Fixed Index which

would provide monthly payments to begin at 81! And draconian penalties should I seek withdrawals in the first 7 years.

Do these facts indicate a breach of Fiduciary Duty, fraud,etc. on the part of the CFP and or Allianz. My tel.no. is 561 400-2721.

Samuel B. Edwards
Samuel B. Edwards answered on Dec 29, 2019

Generally speaking, there are very limited reasons to sell an annuity to someone who is over 70. Based on the limited facts you have provided here, it seems like this would have bee a completely unsuitable investment for you and could be a breach of fiduciary duty as well has violation of various... Read more »

1 Answer | Asked in Securities Law for New Jersey on
Q: Am I legally allowed to receive a fee (finders fee) for making an introduction to someone who gave a loan to a business?

I understand that I can’t receive a fee if I find an investor - but I’m assuming a loan would be ok?

Thank you.

Paul J. Riviere
Paul J. Riviere answered on Dec 16, 2019

Generally speaking you can legally pay a referral fee on a commercial loan. For example if you apply for a commercial loan online via a lending aggregator, a referral fee may be charged to the loan. Lender will often pay this fee, but some aggregators pass this tax the borrower.

1 Answer | Asked in Banking, Securities Law, Stockbroker Fraud and Consumer Law on
Q: Can I hold an OL investment facility liable for not activating my account on time & losing on an important transaction?

I opened an online account with an investment facility, they ensured me that it would be activated after 24-48 hours. After 7 days, it is still not activated as I hoped and the 7th day was the deadline of a transaction that I wanted to do using the account. Furthermore I told them of the urgency &... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 13, 2019

Probably not--unless you can prove up some financial damages. Speculative losses are not reliable; neither are speculative gains. Brokerage firms--online or otherwise--cannot be held liable for mistakes that do not actually harm the customer.

1 Answer | Asked in Contracts and Securities Law for Maryland on
Q: I am being charged 24.22 % for a loan this is higher than the usury law. I have a secured loan and the contract has

The contract has expired on my secured loan which I secured with my vehicle but I still owe the fees for late payments. Can my vehicle still be reprocessed? I have paid $2200 of the $ 3300 of late fees I owed.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland usury law is rather complicated and has all sorts of different rates of interest depending on the situation. For instance, the maximum legal rate of interest permissible for a Maryland loan might be 6%, 8%, 18% or 33% depending on the facts.

If after looking at the various...
Read more »

1 Answer | Asked in Securities Law for Michigan on
Q: Is there a way to check that an expungement does not come up on a check for the U4 FINRA Application for securities?

This is for Michigan.

I have had a background check and have searched the Michigan State Police site and done another background check on myself and it didn't show up. I just don't know if there is another way they can see it or find an expunged record.

How can I assure that it... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2019

If you have a court order granting an expungment, they you can honestly say you do not have a misdemeanor. An expunged conviction is "non-public"; it does not disappear. Courts and law enforcement have access to expunged convictions. Further, depending on how detailed an employer or anyone else... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Securities Law for Florida on
Q: Which legal platform needs to be used : Small Claims, Civil or FINRA for this? Claim can range from $5000 to $50000

I have an account with a brokerage firm and they have wrongfully escheated and sent my money to Department of Financial Services (Escheatment) in Florida. On enquiring, I have learnt that they have failed to follow the Due-diligence as per Florida Statues 732 and 717 and have also violated 17 CFR... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

You cannot sue the State of Florida--or the Florida Department of Financial Services--for punitive damages under any theory of law. Sign the settlement agreement and accept the $100 Florida apparently owes you.

1 Answer | Asked in Business Law, Intellectual Property and Securities Law on
Q: Cease and Desist from Facebook/Instagram

Hi,I have received a cease and desist letter from Facebook Instagram. I would like to know if:Can I sell my website and the close my business (Some of my competitors are interested in buying the website, and they are not toutched by cease and desist letter like these in their country)If not, can I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 5, 2019

The very first thing to do is to cease and desist from doing whatever you apparently did. If the C&D is aimed at your company selling the company will not necessarily save you from being sued. Neither will "closing the business" protect you from possible liability. Finally--depending upon what the... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Education Law and Securities Law on
Q: If a parent threat a teacher about taking away his license and saying bad things, what is the possible case?
Gary Kollin
Gary Kollin answered on Oct 27, 2019

Without knowing the exact words I can render an opinion.

Also when speaking to the the teacher, ask the teacher if the correct word is threat or threaten

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1 Answer | Asked in Legal Malpractice, Probate, Securities Law and Stockbroker Fraud for Florida on
Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?

If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 10, 2019

At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority.

Other issue is whether there was fraud on the court as far as the probate...
Read more »

1 Answer | Asked in Consumer Law, Collections and Securities Law for Missouri on
Q: how long do I have in jefferson county Mo. to file a dispute to a default judgement.

The reason for my absence from court was that I care for my mom that has alzheimers and dementia, and the morning of court my mom was in a bad way and i called the court clerk to ask for a continuance. I was told that I should have called a day earlier but I didn't know that my mom was gonna be in... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2019

Read the guide I wrote on how to set aside a default judgment.

https://www.avvo.com/attorney-guides/63005-mo-ronald-eisenberg-1859143/guides.html

Also, I suspect you meant to refer to the (Fair Debt Collection Practices Act (FDCPA) rather than the Fair Credit Reporting Act (FCRA)....
Read more »

1 Answer | Asked in Securities Law for California on
Q: I am an interested party: 19CV1628 H Securities and Exchange Commission v. Champion-Cain et al How do I pursue recovery?

I became aware of the lawsuit just today when calling to office to check on my $250,000 investment. I was never informed of this proceeding, and not listed as an interested party on documentation. It is in receivership. What do you suggest I do as next steps? Please advise, thank you.

Steve A. Buchwalter
Steve A. Buchwalter answered on Sep 30, 2019

Contact a lawyer. You may want to notify the receiver. You may have claims against the managers and those who sold it to you. You should act sooner rather than later.

1 Answer | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Securities Law for Texas on
Q: I own and paid for property that was sold under the previous owners name. Buyer wants to evict.What Proof is needed byme
Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

Your question remains open for three weeks, and at this point, if you haven't already, consult with a Texas attorney. This sounds more like a real property matter than one about securities or civil rights. At any rate, the category is not really important at this point. It appears to be something... Read more »

2 Answers | Asked in Securities Law for Ohio on
Q: Can I ask for a background check on a daycare workers who watches my son (statepay)?

My son has been reluctant I'm going to daycare the same day care that he's been going to since he's been about 3 months old now is about 22 months old and can't tell me what's wrong but doesn't want to go he fights me. The daycare is been going through multiple workers and I want to know why he's... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 24, 2019

This is not a Securities Law question. I suggest you re-ask it under the heading of Juvenile Law.

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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Securities Law on
Q: Is it debit fraud if someone gives you their debit card and pin to spend on one thing and you spend it all on yourself?

.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 18, 2019

Congratulations! You win today's Grand Prize here on Justia for posting the most creative excuse for violating several laws I have ever seen--or even imagined.

Answer to your question: No, what you did is not called "debit fraud." It is called "stealing"--which the last time I looked is...
Read more »

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Securities Law for Arizona on
Q: I am seeking a R E attorney close to the Mesa area for a long term relationship, who can help me with creative deals.

I also require advise with private loans.

Looking for references. Please!

Tim Akpinar
Tim Akpinar answered on Sep 14, 2019

This isn't a referral service; it's just a question and answer board. If you want to find an attorney, you could contact those on this site under the Find-a-Lawyer tab above, conduct your independent searches, or try the State Bar of Arizona. Good luck

Tim Akpinar

1 Answer | Asked in Securities Law, Stockbroker Fraud and White Collar Crime for Florida on
Q: I am stuck in a shorting position of 4000 shares of $CETC (Hongli Clean Energy Technologie) that I am unable to cover

since the stock was halted on April 2017 and delisted from Nasdaq and never relisted on OTC. My broker at first said they wouldn’t charge short interest fees since the stock is halted.

But then they suddenly start charging  “Stock Borrow Fee” ranging from $500-$700 every month since... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 13, 2019

There are some critical facts missing from your facts: (1) Why are you asking for advice in mid-September 2019 about events that you say occurred in May 2017? There must be more than you are telling us.

(2) EXACTLY when did you short the security?

(3) EXACTLY when was the end date...
Read more »

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