Legal Question in Investment Law in California

withdrawal of a private investment

I currently invest in an indivudal whom promised to give a handsome return on a weekly basis. So far he has been paying on time and has not missed any payment. Recently, there are unpleasant things happen between us. I want to withdraw all my investment out and he agrees to do so only when it makes financial sense for him. The note that I signed with me did not specify anything on early exit on investment. My questions are

1. What are my rights in such investment?

2. Am I entitled to have my investment money prematurely? 3. What are my options if he continues to using the excuses on 'financial sense' for not giving my investment back?

4. Is it legal to have such type of investment setup in the state of california?


Asked on 12/19/03, 1:28 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: withdrawal of a private investment

Investment? Sounds like you made an unsecured loan of indefinite duration for a vague purpose to an untrustworthy stranger. What do you suppose the borrower is doing with your money? Using it to advertise his "investment" to the next "investor" so he can dribble out payments to you? Re-investing at the tables in Vegas?

As to your four questions:

(1) If the investment were legitimate, your rights would be set forth in the prospectus or other disclosure document and the investment contract. Since you probably weren't furnished anything of this sort, your rights are probably those accorded to victims of securities or investment fraud; they are pretty extensive and usually provide for restitution as well as punishment of the perpetrator.

2. In a legitimate investment deal with proper registration (or exemption from registration), you usually don't have the right to make what you call a "premature" withdrawal, but that would all be set out in black and white in the disclosure documents and/or investment contract. If however you have "invested" in a fraudulent and/or unregistered investment scheme, the person who took your money has no right to keep any part of it, but you may have to sue or make a police report to begin the process of (with luck) getting some or all of it back.

3. Your options include a demand letter, a suit, and/or trying to initiate prosecution. See a lawyer and/or contact the district attorney and/or local police white-collar crimes unit.

4. You haven't provided enough details for me to conclude with certainty that the "investment" you made was solicited, accepted or managed illegally, but from the sound of it, I'm about 99% certain this is an illegal Ponzi scheme or another form of fraudulent investment. Lately I have seen these being promoted at seminars, including shipboard cruise "investment" seminars and at talks on saving on taxes, easy retirement income, offshore opportunities in gold, oil, what-have-you.

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Answered on 12/19/03, 3:36 pm


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