Jonathan Tycko's Answers

I am afarid of what will happen by coming forward. I have an SEC whistleblower issue. What is at stake by coming forward?

Since the Maddoff case, things have changed significantly. A new law was passed that established a separate office within the SEC's Washington DC headquarters to handle whistleblower claims, and the SEC now has a fund of over $400 million that it intends to use solely to pay awards to whistleblowers. If you hire an attorney, the attorney can submit the information to the SEC anonymously, and still preserve your right to an award. And an attorney knowledgeable about the workings of the SEC...

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How can a person go about starting a hostile take-over of an HOA and removing the management company from "managing"?

HOA's are mini-democracies. The only way to "take over" the HOA is to build a constituency, campaing on your issues, and try to get elected to the board of directors in the next election. The HOA is governed by its bylaws. When you bought into the community, you should have received a copy of the bylaws. The bylaws will explain the rules and procedures for the elections. The management company is likely operating under a contract that was approved by the board of directors. Once you get...

I want to move back into my home in DC and have provided the tenant with 30 days notice. Do I also need a court order?

Under DC law, the notice is a requirement before you can take possession for your own personal use. The tenant is required to vacate the apartment in response to that notice, assuming the notice was proper. The problem arises if the tenants fails to move out. Then, you would need to go to court to get an order formally evicting the tenant. Without such an order you cannot physically force the tenant out.

I'm victim of Investment fraud. Can I go public with the investments and names involved before charges are made?

Depending on the nature of the fraud, you may be able to file an SEC whistleblower complaint. Also, if there are a large number of individuals who have been victims of the fraud scheme, it may be possible to band together to bring a collective action or class action to recover the money you have lost. If you cannot find an attorney in your own town who has the experience or resources to handle these types of cases, consider looking more broadly for attorneys with whistleblower or securities...

Can i be considered a whistleblower if i tell on my partners fraudulent activities in healthcare business?

If the business submits claims to either the Medicare or Medicaid systems, then the facts you allege likely indicate a violation of the federal False Claims Act, or similar state laws. Those laws permit a whistleblower to file a "qui tam" lawsuit -- which is a lawsuit filed on behalf of the government, but by a private citizen -- against the company. Typically, those lawsuits are filed "under seal" and remain confidential for a period of time, on average about 18 months. During that "seal"...