Lawrence Robert Gelber's Answers

Stock loss

You say your broker "put" you into the stock. If the broker bought the stock without your express prior consent, in the absence of written discretionary trading authority, you may have a claim of unauthorized trading. If your broker reconmended the stock at a time when he should have known about the problems, and if he failed to disclose them to you, you may have a claim for fraud based upon a "material omission." You have no claim against any government arising out of the stock trade you...

Selling securities/mutual funds

If your advisor is registered with FINRA, and if he failed to execute a clear instruction to sell, and if by failing to do so you lost money, you can likely commence a securities industry arbitration against the advisor (or also the advisor's firm) for damages arising from his refusal to execute. You need to consult with an experienced securities law litigator in your home state. A good number of variables affect the strengths and weaknesses of you possible case, and you will need to evaluate...

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MA state arbitration law, what is a National Arbitration Forum Claim

The first thing you should do is consult a lawyer in your home state who has familiarity with (1) alternative dispute resolution procedures and (2) the subject matter of the dispute. You can visit the National Arbitration Forum web site - http://www.adrforum.com/ - where you can learn about their rules.

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My father entered into a contract with a travel club today. Is contract recission an option at this point?

First, your dad should consult with a lawyer in your jurisdiction to gain a full understanding of his rights and obligations. Second, in order to make a record, your dad might consider immediately sending - by fax, regular mail and certified mail - a letter unequivocally stating his revocation / rescission of the contract. Third, he might consider sending no money, and make it clear he intends to pay no money. The company's remedy would be to sue your dad on the contract, which may or...

Can I break a lease if I find the living facility to be full of baby roaches and not up to health standards???

You might want to chat with a local real estate lawyer to ask what constitutes breach of warranty of habitability in your jurisdiction, what the landlord's rights are to cure the defects, and whether the principles of "constructive eviction" apply (i.e., an argument that conditions are so horrbile you cannot live there and hence your rent obligation should be abated), among other things. You will only gain a clear view of your rights and obligations by providing ALL the details to a lawyer...

I'm in the process of buying a short sale. What benefits would having a lawyer review the contract be?

A competent lawyer in your jusridiction would be able to evaluate the even-handedness of the agreement, advise you about traps or potentially dangerous provisions, negotiate more favorable terms for you and/ or suggest the addition of provisions and terms that would offer you more protections. If you are committing substantial money it is in your interest to have the thing at least reviewed. Subject to disclaimer at www.GelberLaw.net

Who can I have review an interest hedge investment to determine if it is fraudulent before litigation?

If you are considering litigation then quite obviously you should be consulting with an attorney. Any competent securities litigation lawyer shoueld be able to review the documentation you have, plus do some basic invest9igation to determine the validity of the case. You should simply ask around in your locality to locate a lawyer there who handles this kind of stuff and let that lawyer check into it for you. You refer to "plaintiffs colleague". It appears from your inquiry that you would be...

Me and my wife are seperated but don't have an agreement. Can we date?

I address two issues: dating each other; dating someone else: Obviously you should consult with a matrimonial lawyer in your jurisdiction. If you are talking about dating each other: If your jurisdiction considers separation for a period of time to a ground for divorce, then each time you engage in sexual relations, you could be deemed to have reconciled, such that you start the clock at zero. So, for example, if you need to be separated for one year to get a divorce, and you first...

How do we defend against a food stamp fraud charge?

You should try to consult with a defense attorney in your area (many times such consultations can be without charge), where you will have a chance to provide more detail than you can provide here, show him/her the letters etc. You should take the matter seriously and act as quickly as possble. Subject to disclaimer at www.GelberLaw.net

Mail Fraud

Title 18 of the United States Code, section 1341, lays out what constitutes mail fraud. You can contact your local United States Attorneys office for a better handle on whether this particular type of "fraud" through the mails comes within the statute or is covered by some other law. They may or may not decide to investigate; if they have reason to believe the company did this to many people, the chance of an investigation goes up. Subject to disclaimer at 222.GelberLaw.net