Reed Richard Kathrein's Answers

Reed Richard Kathrein
Berkeley Securities / Investment Fraud Attorney.
Contributor Level 6

2

Attorney answers:

  1. Ronald Anthony Sarno
  2. Reed Richard Kathrein

Is there an statue of limitations for securities fraud?

Asked by a user in New York, NY - almost 3 years ago.

Of course, there are always statutes of limitations. But as an investor you need to concern yourself most importantly with your own claims in a civil action. Under the federal securities laws you have two years from the time you should have discovered the facts constituting the fraud, but not more than 5 years from the violation. If you bought stock pursuant to a fraudulent Registration Statement or Prospectus, you have only one year from the time you should have discovered the facts, but no...

2

Attorney answers:

  1. Robert John Murillo
  2. Reed Richard Kathrein

Failing investment - Technology was withdrawn after 5 years. What are my rights as a shareholder?

Asked by a user in Las Vegas, NV - over 2 years ago.

The answer depends on the representations made to you at the time of your investment. If this was a public company, there would be a registration statement and a prospectus if it was new stock. If it was a private offering, there was likely some sort of offering memorandum. Fraud may not be your only recourse. As an officer and director, the inventor owed fiduciary duties to the company, and may have breached those duties. As a shareholder, you could sue for fraud individually or as a...

1

Attorney answers:

  1. Reed Richard Kathrein

False Adverising or Fraud

Asked by a user in Texarkana, AR - over 3 years ago.

You could only sue the school if it promised that you would get a job (breach of contract) or if it made representations concerning the placement of its graduates which turn out not to be true (false advertising). Even then, the representations would have to be fairly specific to your situation. So look at your agreements with the school, and dig into its representations.