Financial Poise

Articles tagged: Fraud

serious-faced lady talking on a smartphone, representing crowdfunding due diligence

Portals & Broker-Dealers: Comparing Types of Investment Intermediaries in Crowdfunding

Two investment intermediaries in equity crowdfunding, portals and broker-dealers, require different levels of due diligence. Which is right for you?

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silhouette of a statue near Trump Tower, symbolizing puffery as a legal defense

What is Puffery, and is Trump’s Puffery a Valid Legal Defense?

What is puffery, and when is it actually sales fraud? The Trump SoHo case provides insight into what constitutes “mere puffery” in court.

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This hourglass with red sand represents the importance of time for fraud statute of limitations

How Important is Timing With Your Fraud Statute of Limitations? Turns Out, Very

Simply saying you had no idea may not work when it comes to a fraud claim. Learn how a fraud statute of limitations can determine your case.

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Macbook and iPhone, representing the purchase of Pre-IPO Shares

How Not to Buy Pre-IPO Shares Back Then: What About Today?

It’s A Whole New World We have published a number of articles to help investors understand how to purchase pre-IPO shares and the potential risks and rewards of doing so. The Beginning Our first foray into the area was an article written by Robert Rapp, “A New Private Trading Platform for Restricted Securities: Liquidity for […]

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blue skies at the seashore, representing blue sky laws and blue sky regulations

Blue Sky Laws: A Primer for Accredited Investors

An Introduction to “Blue Sky” Regulations Blue Sky Laws – state securities laws – have been a part of the American legal landscape since the early days of the Twentieth Century. Kansas is credited with adopting the first Blue Sky Law in 1911. By providing for registration and administrative review of securities offerings, and requirements […]

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Band and audience, representing reasonable reliance

What ‘Animal House’ Can Teach Us About Reasonable Reliance in Fraud Cases

The boys of Delta Tau Chi unknowingly teach us about an important legal defence in fraud cases. What is reasonable reliance, and when is it effective?

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life preserver representing bad faith insurance

PLUP Fiction: Bad Faith Insurance

Can you rely on your insurance company’s description of your insurance policy? Learn about insurance bad faith and your rights as the insured. 

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Attorney Immunity? The Allen Stanford Ponzi Case Sparks Debate

Attorney Immunity? The Allen Stanford Ponzi Case Sparks Debate

The Fraud at Night, It Shines So Bright… In 2012, Allen Stanford was convicted of running a Ponzi scheme and sentenced to 110 years in prison. As the New York Times reported, Stanford, “is now a shadow of the swaggering financier who only three years ago had an estimated fortune of over $2 billion, a […]

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puffery as a legal defense

Puff, the Magic Defense: Is Puffery a Trump Card? A Look at Puffery as a Legal Defense

Puffery as a Legal Defense- a Family Affair On Oct. 4, 2017, the New Yorker, in collaboration with ProPublica and WNYC, reported that Ivanka and Donald Trump Jr. were subjects of an investigation by the Manhattan District Attorney’s office relating to them allegedly “misleading prospective buyers of units in the Trump SoHo, a hotel and […]

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blame the victim

Does the Law Allow Fraud Defendants to Blame the Victim?

The Blame the Victim Defense: Should contributory negligence be a defense to fraud? In almost every negligence case the jury must decide if the plaintiff was partly responsible for the harm she alleges the defendant caused her. State legislatures write and rewrite complicated laws about this idea, known in the courts as “comparative fault”- deciding […]

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