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New York White Collar Crime Questions & Answers
Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?

I will not handle anyone else's money for them.

I will provide only the stock tips, and advisement on how best to limit risk, and set goals.

Anyone taking my advice makes their own decisions.

Do I need a license to do this?

James L. Arrasmith
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answered on Dec 15, 2023

Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment... View More

Q: I don't think this lawyer who represented me Signed as my Lawyer, is this a legal representation, to not be signed
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More

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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and White Collar Crime for New York on
Q: If the supreme court continues to overturn anything that contradicts conservativism does the court have legitimacy?

The supreme court is literally overturning anything including stare decisis cases. Can the court survive if it’s just an activist group and not upholding laws. Its clear based on decisions they contradict themselves based on the governments role in some things and not others. Why is the... View More

James L. Arrasmith
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answered on May 1, 2024

The legitimacy of any court, including the Supreme Court, hinges on public perception of its impartiality and adherence to the law rather than political ideology. If the court is seen as consistently overturning precedents to align with a specific political viewpoint, it risks eroding its standing... View More

1 Answer | Asked in White Collar Crime for New York on
Q: what happens if I never received a Juror subpoena?
Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

More information is needed to give you an answer if any use.

1 Answer | Asked in White Collar Crime for New York on
Q: Is it worth it for my ex-friend to sue me?

Last year my friend lent me $150, I didn’t have any money due to losing my job and moving cross country back home but I promised I’d pay her back. A few months later my friend stopped taking to me and never told me what happened. We didn’t speak, I had been planning on paying her back and... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2020

Only your friend could answer whether it is worth their time to sue for the money. It's a personal decision. As a general matter, when it comes to lawsuits, people will consider the amount they plan to go after, the filing fees and court costs, the time lost from work or school. But in the... View More

1 Answer | Asked in White Collar Crime for New York on
Q: Does the federal government have sole authority to investigate white collar crimes or can state governments get involved

too?

Kristen Epifania
Kristen Epifania
answered on Nov 1, 2018

Crimes can be prosecuted on both the federal and state levels.

1 Answer | Asked in White Collar Crime for New York on
Q: Do I report embezzlement to police or some other agency?
Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

If you are the victim of a crime, you can report it to the police.

1 Answer | Asked in White Collar Crime for New York on
Q: Are white collar crimes all federal crimes?
Tim Akpinar
Tim Akpinar
answered on Oct 13, 2018

White collar crimes can be prosecuted in federal courts and state courts.

Tim Akpinar

1 Answer | Asked in White Collar Crime for New York on
Q: Do people convicted of white collar crimes (in NY) go to jail?
Michael Charles Cimasi
Michael Charles Cimasi
answered on Aug 3, 2018

It wholly depends on the facts and circumstances surrounding the alleged crime, the harm to any victims, the ability to make restitution, and the defendants criminal history (if any). But, in short, yes. Defendants can and are routinely sentenced to jail on white collar matters. Get a lawyer... View More

1 Answer | Asked in White Collar Crime for New York on
Q: If I've been accused of fraud, will "turning myself in" lessen my punishment or should I keep my mouth shut?
Michael Charles Cimasi
Michael Charles Cimasi
answered on May 24, 2018

You should speak to an attorney before taking any actions. There are many factors that go into any legal positioning, particularly if the result could be a felony.

1 Answer | Asked in White Collar Crime for New York on
Q: Can someone go to jail for making false statements during a federal investigation?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 13, 2018

It is possible. 18 USC 1001 makes it a federal felony to make a false material statement to federal law enforcement during a federal investigation. Key things are that the statement was "material," and that the investigation is federal.

1 Answer | Asked in White Collar Crime for New York on
Q: My daughter just got approved for a mortgage, but I know for a fact she doesn't work.

I think she lied about her income - what should I do?

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Hire her a good attorney for the eventual fraud charges.

1 Answer | Asked in White Collar Crime for New York on
Q: I got a confirmation number to pick my property up, does that mean the investigation is over?
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2017

Unless you signed a consent order then no, someone is trying to steal your property. Any sort of matters that either needs to be a trial/hearing or a formal settlement before a judgement can be issued allowing them to get something called a "property execution" for the Marshall to take... View More

1 Answer | Asked in White Collar Crime for New York on
Q: My inlaw forged my mom's signature on some student loan paperwork - do I report this to the police?
Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

Yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... View More

1 Answer | Asked in White Collar Crime for New York on
Q: My son lied on a mortgage form about his income and

now he and his wife are having trouble keeping up with payments - will he just lose the house, or will he also get in trouble because of the form?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

If he lied about his income, he may be sued by the creditor, and he may face foreclosure. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Banking and White Collar Crime for New York on
Q: How do I go about reapplying to the SEC to reinstate my license?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

You might have time to file an appeal of the decision, or you might have to reapply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in White Collar Crime for New York on
Q: Is a breach of fiduciary duty by a board director considered criminal?
Ali Shahrestani,
Ali Shahrestani,
answered on May 20, 2017

It depends on the circumstances. It may certainly be grounds for removal of the director and a basis for a possible lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Criminal Law and White Collar Crime for New York on
Q: I am a mother of 8 NO criminal Record.Serious charges

Felony count 1 forgery Felony count 1 forgery Felony count 1 Possession stolen property Felony count 1 Possession stolen property Misdemeanor count 1 possession stolen property Misdemeanor count 1 possession stolen property. I took care of a friend of my mom who recently had moved upstate on same... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 15, 2017

See: http://www.aeesq.com/criminal-defense-lawyer/theft-robbery-larceny/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,...
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