Supporting, Informing & Connecting People in Foreclosure
27 of 50 States Blue Sky Laws... www.blueskylinks.com/ks.com/id16.html
Where are the other 23 State’s Blue Sky Laws? (Click the BlueSky Link inside the yellow shaded box on the top of the
page for all 50 states links.)
So what exactly is a "fraud" case left for the States to continue post-NSMIA, and post-Sarbanes-Oxley?
As discussed above, the Martin Act's definitions of fraud are extremely broad, and do not require scienter,
which is a necessary element of a federal securities fraud case,6 — intent to defraud, reliance, or causation.
Beyond those critical requirements, the purposes and effects of the laws are virtually identical, but the
distinctions can easily be dispositive in any particular case. There have been many cases holding or simply assuming that federal securities law do not pre-empt the Martin Act, but arguably, if the States' definition of the term is controlling, then the "fraud" exception from federal preemption is as broad as any State desires it.
So, the States still hold playable cards in the game of Main St. vs. Wall St, and possibly a couple of Wild Cards thrown in, (AKA Blue Sky Laws).
Advise your State AG’s and Prosecutors of the Blue Sky Laws. Contact your State’s AG’s office and forward all inks/information.
NY AG Schneiderman is using this method, what about your AG?
http://consumerfraudreporting.org/stateattorneygenerallist.php
All opinions are welcome, whether in DISPUTE OF or to SUPPORT the LAWS expressed above to protect American Homes/Homeowners.
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