Foreclosure Hamlet

Supporting, Informing & Connecting People in Foreclosure

The 50 AG’s, The Martin Act & Beyond... A Blue Sky...

The Original 4closurefraud story is here...   http://4closurefraud.org/2011/08/30/devils-bargain-wall-st-the-mart...

The NY Post Link is here...   Devil’s bargain: Wall St. & The Martin Act

So, NY is represented by The Martin Act.  I looked up the Martin Act and found this...

http://www.wlf.org/upload/022803LBMctamaney.pdf

On Page 1, paragraph 2 you will see the words, Blue Sky Laws...

Wiki Blue Sky Law Definition here...   http://en.wikipedia.org/wiki/Blue_sky_law

Introduction to Blue Sky Laws...   http://www.seclaw.com/bluesky.htm

SEC Blue Sky Law Explanation...   http://www.sec.gov/answers/bluesky.htm (LAME)

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.)

On Page 4, paragraph 2 of the Martin Act it states...

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?

Consumer Fraud Reporting to Attorneys Generals, (Internal Links below could use proofing)

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.

Views: 139

Tags: AG, Blue, FRAUD, Law, SEC, Sky, USAG

Comment

You need to be a member of Foreclosure Hamlet to add comments!

Join Foreclosure Hamlet

Videos

  • Add Videos
  • View All

Forum

robosigner

Started by lynne kushnir in Fraudulent Activity yesterday. 0 Replies

HELP NEEDED FOR BANKUNITED INFORMATION

Started by foreclosureweary in Fraudulent Activity. Last reply by BankUnited Litigant on Wednesday. 300 Replies

CA v Fed TntvRuling

Started by Phred Maldonaldo in California May 25. 0 Replies

SoCal TntvRul 5/25/12

Started by Phred Maldonaldo in California May 25. 0 Replies

Hamlet Stats





Visits
since 12/21/2009

Music

Loading…

© 2012   Created by Admin.   Powered by

Badges  |  Report an Issue  |  Terms of Service