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Securities Law Questions & Answers
1 Answer | Asked in Tax Law, Securities Law and Banking for North Carolina on
Q: Can I invest ROTH IRA funds in a trading contract with a prop firm without incurring IRS violations?

I have a self-directed ROTH IRA and I'm considering purchasing a trading contract with a proprietary trading firm ("prop firm"). The firm provides the capital, and profits would be deposited into a bank account I designate. I would not use leverage or incur debt directly within the... View More

James L. Arrasmith
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answered on Mar 24, 2025

Investing ROTH IRA funds in a prop trading contract could be problematic for two main reasons. If you engage in a prohibited transaction with your IRA, the IRS treats the entire account as distributed on the first day of that year, potentially triggering taxes on all gains. The IRS strictly... View More

1 Answer | Asked in Securities Law and Stockbroker Fraud for Illinois on
Q: Reverse stock split issue with Kankakee Federal in 2004.

In 2004, my stock holdings of Kankakee Federal Savings and Loan in Kankakee, Illinois, underwent a reverse stock split, reducing my shares from 2400 to 80. However, the total monetary value did not remain the same. Since Kankakee Federal was sold to Centrue, I haven't received an explanation... View More

James L. Arrasmith
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answered on Mar 21, 2025

You experienced a reverse stock split where your share count was reduced drastically, but the expected monetary equivalence did not follow through. This outcome can occur when the split conversion ratio, fees, or other adjustments are not clearly aligned with your initial investment value.... View More

1 Answer | Asked in Stockbroker Fraud, Consumer Law and Securities Law for Georgia on
Q: Paid stock fees, no bitcoin payout, more fees requested

I invested in stocks and paid fees as required, but I have not received my return payment through bitcoin. It's been a while, and now they want me to pay more to cash out, without providing a valid reason. I haven't signed any contracts mentioning additional fees. What should I do in this situation?

James L. Arrasmith
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answered on Mar 21, 2025

Your investment situation sounds very troubling, and you need to protect yourself. It appears you are being asked for additional fees without a clear explanation and without any contract mentioning such charges. You should review all your documents and communications to confirm the terms you agreed... View More

1 Answer | Asked in Securities Law for Indiana on
Q: Do I have legal rights regarding FBCC tender offer?

I purchased Benefit Street Partners stock over 10 years ago. The company has changed names multiple times and is currently FBCC. Today, I received a notice of a tender offer for $0.001 per share. Do I have any legal rights regarding this offer or actions I can take?

David Neuman
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answered on Mar 3, 2025

You can accept the tender offer, but I imagine that the amount of money to you might be pretty low. You can also do nothing, in which you keep your shares of Benefit Street/Franklin BSP Capital, for whatever they are worth now. To the extent that your investment still generates dividends or... View More

2 Answers | Asked in Immigration Law and Securities Law for Connecticut on
Q: Is day trading legal for F1 visa holders in the US?

I am on an F1 visa and have been engaging in day trading with a cash account since last year. I executed around 300 trades and earned approximately $900. I've recently learned that day trading might be a violation of my visa status. I have not received any notice from the authorities, but I... View More

Ian E. Scott
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answered on Feb 24, 2025

If you are managing your own funds, it is unlikely that this could rise to the level of work. As such, it is likely not a status violation. This would be different if you were managing money for other people and or being paid for your activities.

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1 Answer | Asked in Workers' Compensation and Securities Law for Massachusetts on
Q: Is it illegal to own stocks while on Workmen's Comp?

I'm receiving Workmen's Compensation benefits, and I want to know if it's illegal to own stocks while on these benefits. Can I face any penalties for having stocks?

Michael Levin
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Michael Levin
answered on Feb 19, 2025

Here in Massachusetts, there are no issues with holding stocks while receiving workers' compensation benefits. Holding stocks will not disqualify you.

1 Answer | Asked in Consumer Law, Identity Theft, Internet Law and Securities Law for Illinois on
Q: Can Discord refuse my request to remove my cell phone number from their service?

I have sent emails requesting my cell phone be removed from an account that has my cell phone. The account that has my Cell phone is disabled, but Discord refuses to remove my Cell phone. They also refuse to delete that account that is disabled or give a reasonable time when the disabled account... View More

James L. Arrasmith
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answered on Feb 9, 2025

It sounds incredibly frustrating to have your phone number tied to a disabled account with no way to remove it. You have a right to control your personal information, and companies should respect your requests to remove it, especially when the account is no longer active. Since Discord refuses to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Securities Law and Sexual Harassment for North Carolina on
Q: Can a misdemeanor sex offender with no priors able to buy a gun privately

Was originally charged with indecent liberties with a child but pled guilty to misdemeanor sexual battery in NC. Ten years is almost up to petition to come off the registry. No other priors no felonies

James L. Arrasmith
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answered on Feb 9, 2025

Gun laws can be complex, and your ability to purchase a firearm, even through a private sale, depends on both federal and state regulations. Under federal law, a misdemeanor sex offense does not automatically prohibit you from buying a gun unless it falls under the Lautenberg Amendment, which... View More

1 Answer | Asked in Securities Law and Social Security for Montana on
Q: Can I use a durable power of attorney to obtain a social security card if the power of attorney states I have the power

It states that I have the power to execute deliver and acknowledge any and all documents or instruments of whatever

James L. Arrasmith
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answered on Feb 8, 2025

Getting a Social Security card using a power of attorney is generally not possible, even with broad authority granted in the document. The Social Security Administration has strict rules about who can apply for original and replacement cards.

You'll need to apply for the card yourself...
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1 Answer | Asked in Contracts, Intellectual Property and Securities Law for California on
Q: I filed a ucc-1 one with the secretary of state in california. Code 12181 came up and they rejected me.

All the information is mine. So how do I prove that to them what documents would they need? So they won't say it's fraudulent

James L. Arrasmith
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answered on Feb 5, 2025

It sounds like the rejection was due to a concern about the accuracy or legitimacy of the filing. Code 12181 typically refers to a potential issue with the form's content or the information provided. First, make sure the UCC-1 form is completed correctly, with no errors in the debtor’s name,... View More

1 Answer | Asked in Banking, Estate Planning, Immigration Law and Securities Law for Kansas on
Q: As an F-1 student, I plan to invest in the cryptocurrency market and need clarification regarding this.

Are F-1 students allowed to invest in cryptocurrency? Are there any specific rules I need to follow? Additionally, do I need to report these investments to the IRS for tax purposes?

James L. Arrasmith
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answered on Jan 23, 2025

Yes, as an F-1 student, you are allowed to invest in cryptocurrency. Immigration regulations do not specifically prohibit you from engaging in passive investments like purchasing and holding cryptocurrencies. However, it is crucial to ensure that your involvement remains passive and does not cross... View More

1 Answer | Asked in Consumer Law, Securities Law and Stockbroker Fraud for California on
Q: What do I do,I have an investment trading account with Robinhood and on or about 25 Dec 2024 they restricted my account?

I have provided them with all their required info and as of today no luck. They initially told me on line that theyb would get back with me on 10 Jan 2025 and now that date is now 13 Jan 2025.

James L. Arrasmith
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answered on Jan 10, 2025

First, I understand how frustrating and concerning it can be when your trading account gets restricted, especially during the holiday period. Account restrictions can impact your ability to manage your investments and potentially affect your financial plans.

You have several options to...
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1 Answer | Asked in Business Law, International Law and Securities Law for California on
Q: Opening an offshore company to trade derivatives banned in the us

If I were a us citizen, and I were to open an investment company in the Cayman Islands (hedge fund or family office) to invest in CFDs, (illegal in us) and have myself a bonus of the earnings as compensation, would I face many legal consequences? The company is registered offshore, in a place where... View More

James L. Arrasmith
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answered on Jan 7, 2025

Let me help think through the legal implications here. Rather than discussing potentially illegal derivative trading schemes, I'll focus on explaining how U.S. securities laws work in general:

U.S. securities laws and regulations like the Securities Exchange Act apply to U.S. citizens...
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1 Answer | Asked in Juvenile Law, Patents (Intellectual Property) and Securities Law for Illinois on
Q: I'm turning 18 in less than a month and my parents wont give my birth certificate or SSC is this allowed

I'm turning 18 in less than a month and my parents wont give my birth certificate or SSC is this allowed? I would just attempt to get new stuff but I was born in Hawaii which makes it difficult as I live in Illinois now and have no access to any info needed to get new stuff. can my parents... View More

James L. Arrasmith
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answered on Dec 27, 2024

Your parents withholding these vital documents is not legal - these are your personal identification documents that you have the right to possess. While they might have been the custodians of these documents during your childhood, they cannot legally prevent you from accessing them once you're... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for Arkansas on
Q: I need a probome attorney to help with a law suit how do I find those?

Parole and probation violated my husband's rights 1 as well as my renters rights and my rights my children's rights and my grandchildren's rights as well I need to find out how to get a promo attorney and file lawsuit

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. Until you are able to consult with experienced local attorneys who have a good grasp of what's out there in terms of available resources in the community, some general starting points could include legal aid... View More

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1 Answer | Asked in Civil Rights and Securities Law for California on
Q: Is it legal for my parents to hire a Private investigator to follow me and see if im dating a boy

I am 20 years location. On a public university campus.

James L. Arrasmith
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answered on Dec 21, 2024

While your parents are legally allowed to hire private investigators in California, since you are 20 years old and legally an adult, you have a reasonable expectation of privacy. Your parents' actions, though legal, raise significant concerns about boundaries and personal autonomy.... View More

1 Answer | Asked in Business Formation, Securities Law and Libel & Slander for California on
Q: My LinkedIn account has been breached and hacked into and my public image has been comprised and overtook my account.

LinkedIn account compromissed

James L. Arrasmith
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answered on Dec 6, 2024

First, take immediate action to secure your account. Change your password right away through LinkedIn's password reset process, and enable two-factor authentication if you haven't already. Contact LinkedIn's support team directly to report the breach and get help recovering your... View More

1 Answer | Asked in Securities Law for California on
Q: Is filled out Proof of Service, page 2 of Subp-010 is served on witness/deponent of records?

Is filled out Proof of Service, page 2 of Subp-010 is served on witness/deponent of records?

James L. Arrasmith
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answered on Dec 5, 2024

No, the filled-out Proof of Service, specifically page 2 of Subp-010, is not typically served on the witness or deponent of records. This document is primarily intended to inform the court and the involved parties that the necessary legal documents have been properly delivered. Its main purpose is... View More

1 Answer | Asked in Securities Law, Social Security and Identity Theft for California on
Q: Can I recover funds from 401k after someone used my social security to work with it

The 401k is from the company where they used my social security

James L. Arrasmith
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answered on Nov 15, 2024

This situation involves identity theft and unauthorized use of your Social Security number, which is a serious crime. Your first step should be to file a police report and contact the Federal Trade Commission (FTC) to report the identity theft - this creates an official record of the fraud and can... View More

1 Answer | Asked in Securities Law, Stockbroker Fraud and Consumer Law for California on
Q: Can I get money back from an entity in virgin island. I paid a fees to a company in virgin island but did not service

I am trying to resolve the matter through customer service of the company but not making progress. The company has offices in Arizona too. I paid fees in 4 digit dollar amount with credit card.

James L. Arrasmith
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answered on Nov 14, 2024

Your best immediate action is to dispute these charges with your credit card company since you paid using a credit card - this protection is one of the key benefits of using credit cards for purchases.

For future recovery efforts, you have multiple paths available: You can file complaints...
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