That's ok, one of the first things that I am sure that you learned in law school is, when in court, do not ask questions that you don't know the answer to.
so let's fill in the blanks with some hypothetical answers, since you won't help us out.
Did you ever have a professional association with any of the defendants?
Yes, you have stated before that you functioned in the trading room/chat much as Rea did.
Did you ever offer your opinions on stocks and trading?
Well, if that was Rea's job, it was also yours. In fact, you had your own site where you also gave your trading opinions.
Were any of your opinions wrong?
Well, I don't really know the answer to this one, but I'm gonna guess that you made a few mistakes along the way.
Are you or have you ever had series 6 and series 7 certification?
I don't know the answer to this one. But it does sound like you not only gave your opinions on TP, but you did it on your own site....and all indications are that you don't have a series 6 or 7 and were therefore not a registered financial advisor.
When following these other people's "advice" did you ever *not* do what was recommended? Did you ever *not* enter trades that were recommended? Did you ever *not* use stops? Did you ever stay in a trade longer or shorter than recommended
this one is an important one. You have stated that you were essentially forced to make the recommended trades. If you went against the advice by not placing a recommended trade or not using stops or exiting or entering at points that were different than the recommendation, then you are essentially demonstrating that you were not forced or coerced to make those trades. It demonstrates that you were, in fact, acting of your own free will.
You probably think that these questions are unimportant....especially since I have asked several of them before to only get silence from you.
So now let's go back to the fact that you were doing exactly what you are accusing the defendants of doing. If it is determined that they were wrongly giving investment advice, then you too were wrongly giving investment advice and can be held liable for any losses that people incurred when listening to your advice. Those potential class action plaintiffs might just have a claim against you. Do you see a conflict of interest in them sending you their information? And those are just the people from TP. If they were wrongly giving advice, it isn't that there were losses, it is the mere action of giving advice itself. The courts may determine that the responsible party is the corporation, in which case you are probably safe. But you had your own site and you presumably talked about trades there...they ain't gonna have anybody to go to but you.
or
it is determined that they were well within their legal bounds to express their opinions on trades. This is good news for you because you can't be held liable for the losses that were incurred when you were giving advice. But then again, it renders your whole case to be moot. |
