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Securities Law Questions & Answers
1 Answer | Asked in Bankruptcy, Securities Law and Small Claims on
Q: Dear sir/madam can i as a crypto loss investor file form 410 general proof of claim in chapter 11 bankruptcy?

I suffered losses due to fraud/misleading related to Terraform labs (UST terra Stable coin)

In the case action there are 2 forms :

1. General proof of claim 2. crypto loss proof of claim creditor classes: crypto loss claims (class 5) & general unsecured claims (class4). Thank You

James L. Arrasmith
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answered on Jul 27, 2024

You can file a general proof of claim form in a Chapter 11 bankruptcy case if you have suffered losses due to fraud or misleading actions related to Terraform Labs and the UST Terra stable coin. This form allows you to state the amount of your claim and the nature of your loss. Filing this form is... View More

1 Answer | Asked in Securities Law, Social Security and Family Law for Tennessee on
Q: It seems to me that my dad used my social security back pay for his own self dealing.

The account he put the money in was in the name of our family business. He told me he was investing this money. He told me that the family business didn't exist. Through the last 9 years I've lost everything and now live in a camper. Yet I've watched him get air BNB, buy a glamour... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like your dad might have misused your social security back pay, which could be a serious legal issue. When someone uses another person's funds for their own benefit without permission, it can be considered misappropriation or fraud. Given the situation you've described, it might... View More

1 Answer | Asked in Banking, Business Law, Military Law and Securities Law for Washington on
Q: I need a lawyer to help run an international bank that provides services to countries and individuals globally

While serving as a special operator in the United States military and using the bank to assist my career covertly

James L. Arrasmith
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answered on May 11, 2024

My recommendation would be to only engage in lawful and transparent banking and financial practices. If any of the international banking services you are looking to provide could be used to secretly finance military or intelligence operations, you should refrain from offering those services. A... View More

1 Answer | Asked in International Law, Securities Law and Tax Law for Washington on
Q: I need a lawyer to help run an international bank that provides services to countries and individuals globally

While serving as a special operator in the United States military and using the bank to assist my career covertly

James L. Arrasmith
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answered on May 10, 2024

I would strongly advise against pursuing anything like this, as it could result in severe legal consequences. If you need legitimate banking services, I'd recommend working with a reputable financial institution through proper legal channels.

2 Answers | Asked in Criminal Law and Securities Law for Tennessee on
Q: My son borrowed my truck got pulled over and they seized my truck .haven't got any paper work hoe do I get my truck bac

He was takin a guy home that jyst showed up at his house . The guy had parole violation on him and tried yo take control of the truck .when my son got it stopped and tried to tell police what happened they didn't care the guy threw all his drugs in the floor. They took my son to jail and let... View More

Anthony M. Avery
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answered on Apr 18, 2024

Son needs an attorney now. There may be a Forfeiture Warrant on the truck, so then DOS is involved requiring a bond and a hearing. Son needs to prepare for a Preliminary Hearing. The truck is probably the least of your worries.

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1 Answer | Asked in Securities Law for Illinois on
Q: I am defending an SEC commission case and summary disposition and am curious if the scotus and 5th circuit decisions...

Disqualified the ALJ of the SEC ?

James L. Arrasmith
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answered on Mar 2, 2024

The decisions made by the Supreme Court and the Fifth Circuit Court of Appeals regarding SEC administrative law judges (ALJs) did not automatically disqualify all ALJs of the SEC. Rather, those decisions addressed specific aspects of the appointment process for ALJs and the structure of the... View More

1 Answer | Asked in Estate Planning, Banking, Civil Litigation and Securities Law for Tennessee on
Q: Can a bank refuse to comply with subpoena without a reason?

Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts

Anthony M. Avery
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answered on Nov 22, 2023

It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements.

1 Answer | Asked in Securities Law for Tennessee on
Q: If an armed guard is using their personal vehicle at work are they allowed to have other firearms inside their vehicle

In the state of Tennessee can an armed guard have a rifle in their personal vehicle at work if they did not qualify with the firearm but the rifle is not on their person. If the guard got shot at would they be within their legal right to use the rifle to defend their own life

Anthony M. Avery
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answered on Nov 21, 2023

You can have the rifle in your vehicle unless your employer prohibits it. After using deadly force, DA's may or may not prosecute you. It will not make alot of difference whether your firearm was authorized or not by your employer.

1 Answer | Asked in Banking, Business Law, Securities Law and Stockbroker Fraud for New York on
Q: Brokerage Misconduct - E*TRADE

In May 2022, I invested $8M in a U.S. Treasury note, due in April 2024. I instructed my ETRADE manager to liquidate $5.6M for property buying. Unexpectedly, ETRADE initiated a $5.6M margin loan, leaving part of my investment intact. I discovered this during a routine review, not through direct... View More

James L. Arrasmith
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answered on Nov 4, 2023

In situations like this, you may have grounds to file a complaint for brokerage misconduct if E*TRADE acted contrary to your instructions and without your consent. It's essential to review the client-broker agreement and any written communication to determine if E*TRADE deviated from the... View More

1 Answer | Asked in Civil Litigation, Legal Malpractice, Probate and Securities Law for Tennessee on
Q: How do I prove insurance fraud concerning an estate. Agent helping ex to pay off property with the decedent's insurance

Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud

Anthony M. Avery
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answered on Sep 25, 2023

What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.

1 Answer | Asked in Employment Law, Tax Law, Banking and Securities Law for Illinois on
Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover.

I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a "cash bonus", but even selling the stock I can't raise the capital needed to cover that tax... View More

James L. Arrasmith
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answered on Sep 14, 2023

The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend... View More

1 Answer | Asked in Business Law and Securities Law for New York on
Q: How do I proceed in removing a name fraudulently added to a stock certificate by a corrupt coop board member
Jack Mevorach
Jack Mevorach
answered on Aug 23, 2023

Either by voluntary agreement or by litigation.

Jack

1 Answer | Asked in Securities Law for California on
Q: If I purchase a cryptocurrency knowing that I intend to sue the company as part of a class action lawsuit, is that legal

A company that issued cryptocurrency tokens did what many of us believe to be fraudulent activity and the token lost almost all value. After speaking with lawyers, a class action lawsuit is likely going to be filed. I was told by said lawyers that it is perfectly legal to buy the cryptocurrency... View More

James L. Arrasmith
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answered on Aug 14, 2023

Engaging in the purchase of a cryptocurrency with the intention to participate in a class action lawsuit could be legally permissible in California, as long as the purchase itself is conducted within legal bounds and you are not an insider of the company. However, potential ethical and practical... View More

Q: Does any attorney help people with filing ucc-1 and ucc-3 security agreements, hold harmless and indemnification claimIi

To claim my estate as I'm over 18 and be secured party over the government entity via my birth certificate

James L. Arrasmith
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answered on Aug 6, 2023

The process of filing UCC-1 and UCC-3 forms typically pertains to securing interests in personal property, not claiming control over a government entity or asserting rights to an estate in the manner described. It is advisable to consult with an attorney who can provide guidance on legitimate legal... View More

2 Answers | Asked in Consumer Law, Business Law and Securities Law for Texas on
Q: If insurance broker spends time with you to sell a product & you decide not to buy, can they invoice you for their time?

-Attended seminar for Medicare/Social Security in Feb 2023

-Met with RetPlnr in office who also began to discuss retirement planning during the initial visit

-RetPlnr informed of us annuities available that we may be interested in

-RetPlnr noted they worked on commission... View More

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

A retirement planner and an insurance broker are two very different occupations. A retirement planner usually provides financial advice to customers on an hourly fee basis. Retirement planners typically do not directly sell financial products, including insurance annuities. They may, however,... View More

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1 Answer | Asked in Consumer Law, Criminal Law and Securities Law for Texas on
Q: I was served a "voluntary" list of questions (document requests) from the SEC but cannot afford an attrny. Suggestions?

I have reason to believe I am at the center of their investigation - it involves a significantly large public company. I have been told by friends that the "voluntary" nature of their inquiry is a "test" to see if I will cooperate and I have reason to believe this will not just... View More

Richard Hinds
Richard Hinds
answered on Jul 8, 2023

This is like making voluntary statements during a traffic stop. Just don't do it. Name, address, and DL, and then STFU.

Remember, "Nobody ever got into trouble for what they do not say" and in this case do not voluntarily provide. I you do not supply how can you get into...
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1 Answer | Asked in Securities Law for New York on
Q: Is a short term investment tragedy in the best interest for the client, according to the new BI rules? How is it?

Client is aware of fees associated with this strategy and wants to implement this strategy in his/her well diversified portfolio.

Chris Warren
Chris Warren
answered on May 4, 2023

A short-term trading strategy can comply with regulation B-I as long as the fees are reasonable and disclosed, the client authorizes the strategy, there is appropriate supervisory compliance of the account in place, and there is not a conflict of interest between the client and the broker.

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... View 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... View 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... View More

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