'Friend' invested $110,000. He is 'daytrader'. Joint Venture Agreement executed by borrower. He refuses to repay principal.

Asked over 2 years ago - Sedona, AZ

This man is with Pristine Group, online investment teaching company. He is not SEC licensed. Our Joint Venture Agreement states that he promises to repay principal anytime in a 5 day window (demand letter). Demand letter given. He is attempting to file Ch 7 BK. He was denied Ch 13 BK. I went to creditor's meeting & was instrumental in exposing some of his false docs on his 13 app. He admits cashing our stocks and using money for his personal expenses "at his attorney's advice" prior to filing BK. Can I report him to the SEC? Can I report him to the Attorney General as a Ponzi Scheme? Are there any other resources I can pursue as I attempt to prove he defrauded me? He and his wife make $85,000. per year. I am on Social Security. Better Business Bureau? He tithes $1400. a mont

Attorney answers (3)

  1. Robert V Cornish Jr.

    Contributor Level 16

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    Answered . First, make sure you file a proof of claim in the bankruptcy no matter what. Second, I would think your best bet is to contact the Arizona Securities Commission, http://www.azcc.gov/divisions/securities/, as well as the SEC offices in Los Angeles, http://www.sec.gov/contact/addresses.htm. Very likely in a case like this one of these regulators may step in and seek turnover of property.

    As you may know, bankruptcy stays litigation, and fraud generally isn't dischargeable in bankruptcy. But that doesn't mean you can't work with a bankruptcy trustee or receiver to get money back and maximize your recovery. In these cases, it is best to have an attorney represent you on the creditors committee, or at least make sure there actually is one that a trustee or receiver must answer to.

    You may likely have a suit against the teaching company. They may well be mixed up in the bankruptcy, however. Again, have an attorney look over what's going on.

    Best,

    Bob

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client... more
  2. Robert John Murillo

    Contributor Level 20

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    Answered . Never post personal information online. It just creates a myriad of problems and is not necessary information for the purposes of a question.

    I wish you would have posted here before you lent six figures. Unless your debt is secured, it can be discharged in bankruptcy. You can certainly report to whoever and see if they will investigate. The key here is if you can get any money back, which will not be easy. To see if you have a chance you should hire an experienced attorney with expertise in adversary proceedings. They will request a 2004 examination and see if there is a basis to deny a discharge.

    Even if you file for an adversary proceeding and prevail that is no guarantee that you will ever see a dime of this money. It is unfortunate, but all so often true in these circumstances.

    Speak with a bankruptcy attorney and have them determine if there are any assets that could be used to repay you. Get several opinions as an attorney may just see dollar signs for the proceeding. You want to know if you file a proceeding can you win and, most important, what are the chances of getting anything back. An honest attorney will let you know. Sorry and good luck.

    This answer is for informational purposes only and is not legal advice regarding your question and does not... more
  3. L. Maxwell Taylor

    Contributor Level 20

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    Answered . If you have evidence that someone has broken the law, you can report that evidence to the appropriate agency of law enforcement. If you are the victim of a fraud, you can report that fraud to your local police. If the fraud has to do with the purchase and sale of securities, you can report it to the Securities and Exchange Commission. You may also have civil remedies available and you may want to consult a lawyer who handles civil litigation.

    Debts incurred by fraud or false pretenses are not dischargeable in bankruptcy. If the individual files for protection under the bankruptcy laws, immediately consult a lawyer who handles adversary proceedings in bankruptcy on behalf of creditors, so that you may be counseled about your remedies based on all the underlying facts.

    Not legal advice, just general information based on general principles of law. I don't practice in Arizona and don't hold Arizona licensure. If you need legal advice, please consult a lawyer who does.

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