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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 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 Arizona on
Q: Is there a statute of limitations in nev on a proof of financial responsibility
Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

You asked this question to Arizona attorneys. We can't advise you on Nevada law. You may want to reask this question in the Nevada forum.

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,... View 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... View More

1 Answer | Asked in Banking, Business Formation, Securities Law and Stockbroker Fraud for California on
Q: Can I manage other people's money (money manager or portfolio manager) with only my series 65 license in California?
Steve A. Buchwalter
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answered on Sep 1, 2022

Anyone can allow you to manage their money. There are no requirements for you to do so. Having a business of, or charging for, managing someone else's money can a different story and is more complicated.

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... View 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... View 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.... View 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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1 Answer | Asked in Securities Law and Estate Planning for Texas on
Q: Can the executive of a will over ride the Beneficiary for investments

I am the Beneficiary for the investments my ex-wife made she passed away in2019 her executive of the will told me that she gave everything to her Granddaughter I asked for the paperwork and he told me that I was trying to dig up dirt on my ex-wife. Can he override the Beneficiary for investments

Paul Premack
Paul Premack
answered on Feb 28, 2022

Your divorce eliminated your name as beneficiary on investments. Investments like a mutual fund or stock are allowed to have a "pay on death" or a "transfer on death" designation. Sometimes the accounts will be in both names, with a "right of survivorship". The goal of... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for Louisiana on
Q: Can they convict me of burglary if I never went in the building?

In st. Tammany Parish Louisiana I have trial in one month. I was in fact on surveillance videos sitting in the uhaul but I never went in the storage building or in a unit. I never cut locks or damaged any properties. I didn't want to be involved. Can they actually convict me with the crime if... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2022

If you have trial in 1 month you should have an attorney representing you----please discuss with your attorney. If not, then you need to hire a criminal defense attorney immediately because you do not want to go to a felony trial representing yourself. Lastly and perhaps most importantly, stop... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Securities Law for Louisiana on
Q: If I can follow someone who stole/scammed me out of my BTC currency is there a way of getting back?

I was scammed by someone who claimed to be working as a broker for Bitmap cryptocurrency. I found out once they told me whoops I gave you too much money can you please send me back this much through cash app. I was like oh man this is a freaking scam thing it so I am out at $2000 so far with them

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 5, 2022

You can report the crime to the FBI

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for California on
Q: In California, Are police officers allowed to tamper with or vandalize security cameras on private/residential property?

Police officers came to the home of my mother-in-law because her son was in violation of his probation. They [Police officers] entered our home and noticed our security camera and immediately disconnected it. When I asked why he did that, he said, "because we're supposed to. It's... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 16, 2022

You don't mention whether the police were given permission to enter the premises under the circumstances you described. Causing property damage during such a call at private property is not proper or legal, in my opinion. Disabling the recording system is one thing, but damaging the system by... View More

1 Answer | Asked in Federal Crimes, Identity Theft, Securities Law and Stockbroker Fraud for Nevada on
Q: Rollover IRA checks mailed to the wrong PO BOX by OneAmerica and were electronically deposited by someone else.

Back in October, I started a rollover IRA with my previous employer’s retirement services company, OneAmerica. Unfortunately, OneAmerica sent the checks (payable to Fidelity FBO w my name on them) to an incorrect PO BOX (1 number off). These checks were electronically deposited by the owner of... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 29, 2021

You may have more trouble getting your rollover IRA money back than you had hoped. Why?

Because it was deposited electronically (without prejudice) and credited to some unknown person's account at Wells Fargo Bank, N.A., which is notorious for holding onto money not supposed to be...
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1 Answer | Asked in Securities Law for Michigan on
Q: what can I do about a apartments negligence to broken security cameras?

Car was broken into, I made a police report, thought the cameras on the premises worked... turns out they have been broken for years, with no plan to fix them and to keep them as a "deterrent" even though they are hidden

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2021

Not sure you have a cause of action against the apartment complex. Generally, others are not responsible for others' criminal actions. And unless they had some sort of affirmative duty to provide for this security, they will likely not be liable.

1 Answer | Asked in Employment Law and Securities Law for California on
Q: Should I start the process of a lawsuit?

Hello! I am so grateful for this platform because I have no one to talk to about this. I work for a transportation company overnight as a dispatcher. Since August we had 5-6 intruders on our premises. Thankfully no one got hurt but I was very close up to one and it was scary. Recently, our HR added... View More

Neil Pedersen
Neil Pedersen
answered on Dec 14, 2021

A lawsuit is not going to get you what you need right now.

You cannot sue your employer for exposing you to danger. If you face injury you file a workers compensation claim.

If you have workplace safety issues, you can try reporting the conditions to OSHA who promulgates workplace...
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1 Answer | Asked in Landlord - Tenant and Securities Law for New Jersey on
Q: I rent an apartment in fort lee, nj, if I will move out by Nov. 31, could I use my security deposit for Nov rent? Thanks
Morris Leo Greb
Morris Leo Greb
answered on Oct 20, 2021

No! But the LL must return the security deposit promptly with 30 days or be subject to penalties. Speak to a local Fort Lee, NJ real estate attorney for details.

1 Answer | Asked in Contracts and Securities Law for Texas on
Q: I have recently purchased a vehicle and finance company sends loan information to my employer

Purchased a vehicle yesterday, submitted proof of income (check stubs) as well as contact information to my corporate office to verify employment. Finance company contacts me to say no one was answering the phone at corporate, so I gave her an email address to send the verification. With the... View More

Teri A. Walter
Teri A. Walter
answered on Oct 15, 2021

While I agree that they sent more information than was probably necessary, you don't have any apparent damages as a result of this action, and no claim arises from the facts you describe.

1 Answer | Asked in Securities Law for Georgia on
Q: Two people were in my house and recorded an audio altercation we had without my consent or knowledge. Is this legal?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

Georgia is known as a single party consent state. That means that as long as one person in the conversation is aware it is being recorded then it is a proper and legal recording. There are States like Florida which require all parties know and consent to the recording.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Securities Law for Georgia on
Q: I have a levy on my house in Georgia by a person I have never entered into a contract with. Can I file a restraining

To prevent anymore interference on his part to make him stop interfering in my contract that he has already made a mess of. He was told in Dec2020 that he is not part of our real estate contract and not to attempt to speak on our buyers behalf. I do not know this person and he has now levied my... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 5, 2021

Restraining him won't resolve the lien. Meet with an attorney to discuss the actual situation and allow the attorney to ask questions. Only in this way will you find a way through your problems.

1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

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