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LG Capital's Victory Parade May Be Short Lived - Dilution Funder Facing Serious RICO Claims by Public Companies
The SEC dismissal is nothing more than a policy decision - not merits based.“WHEREAS, in the exercise of its discretion and as a policy matter, the Commission believes the dismissal of this case with prejudice is appropriate.” This is clearly a a policy decision by the SEC that now triggers concerns by public company issuers and their shareholders, that the agency may be abdicating its responsibility to protect shareholders from the risks posed by toxic lending dilution fun
Mark R. Basile, Esq.
Jul 296 min read
RICO and Criminal Usury Revived: Lessons from DarkPulse v. EMA and VNUE v. LG Capital
Two decisions out of New York federal courts— DarkPulse, Inc. v. EMA Financial, LLC , 2023 U.S. Dist. LEXIS 33994, at 1 (S.D.N.Y. Mar. 1,...
Christopher M. Basile, Esq.
Jun 164 min read
Counterfeit Shares & Market Manipulation in the Public Markets
Counterfeit Shares and the Public Markets
Mark R. Basile, Esq.
Aug 30, 20235 min read
Merchant Cash Advance Industry in New York – Not so Fast!
Merchant Funders, companies that purport to purchase future accounts receivables from small underfunded private and public companies, and...
Mark R. Basile, Esq.
Feb 9, 20233 min read
Should Default Interest be Included in a New York Criminal Usury Analysis
Default Interest and Criminal Usury - Should New York recognize default interest rate and charges on loans for usury purposes
Mark R. Basile, Esq.
Jan 31, 20236 min read
Should the NY Attorney General Expand its Investigation to Convertible Note Lenders - Usury Laws.
Our law firm is known for taking the position that fixed discount convertible notes used to finance small underfunded public companies...
Mark R. Basile, Esq.
Dec 14, 20226 min read
Florida Courts Should Apply New York’s Adar Bays Analysis to Determine Usury
Usurious loans have been the scourge of finance since early times. Despite being condemned as wrong and sinful for over 4000 years,...
Agapija Cruz, Esq.
Nov 1, 202212 min read
Derivative Liability and Its Implications for Shareholders: Can Directors and Officers Be Personally
A shareholder derivative lawsuit is an action brought on behalf of a company by a shareholder or group of shareholders that seeks to hold...
Christopher M. Basile, Esq. and Reed Baker, Esq.
Oct 17, 20224 min read
Social Media FUD (Fear, Uncertainty and Doubt) and its Impact on OTC Company Stocks
Our firm has been provided with reports from a company that specializes in market surveillance of social media postings affecting OTC...
Mark R. Basile, Esq.
Jun 23, 20224 min read
Why a CEO MUST Consult an Attorney Prior to Amending a “Choice of Law” Provision in a Contract
Most laws in our country don’t tend to differ much between states. In fact, it’s probably accurate to say that a majority of states’...
Eric J. Benzenberg, Esq.
Mar 29, 20224 min read
How RICO and the Adar Bays Decision Can Help Microcaps Recover Losses Caused by Toxic Lending
On October 14, 2021, the New York Court of Appeals issued its decision in Adar Bays. The Adar Bays decision put a major dent in the...
Marjorie M. Santelli Esq. and Christopher M. Basile, Esq.
Feb 27, 20228 min read
Toxic Lender's Stall Tactics Fail in Minnesota State Court
After commencing litigation against DarkPulse, Inc. in a Minnesota State Court, convertible note purveyor Carebourn Capital, L.P. has...
Eric J. Benzenberg, Esq.
Feb 18, 20223 min read
How Toxic Lenders are Responding to SEC Investigations and Enforcement Actions
As many of you already know, and for those CEOs of small public companies that do not know, the United States Securities and Exchange...
Christopher M. Basile, Esq.
Nov 15, 20214 min read
New York's Highest Court Rules Convertible Notes Subject to Criminal Usury Laws
The Basile Law Firm P.C. has been steadfast in representing our OTC Markets issuer clients in both federal and state courts around the...
Mark R. Basile, Esq.
Oct 22, 20216 min read
OTC Market Issuer’s Restructuring – A CFO’s Perspective
Having been the CFO of 4 publicly traded OTC Market issuers, I have been challenged to present those companies financial conditions not...
J. Richard Iler
Feb 9, 20213 min read
Beware of Fake Corporate Restructuring Groups
Our firm receives dozens of calls from small public companies that have been misled by rogue advisors claiming they do restructurings,...
The Basile Law Firm P.C.
Feb 5, 20213 min read
Restructuring: Re-Boot towards Building a Microcap Company
A few weeks ago, a CEO of a microcap company was telling me a story all too familiar to microcap OTC Markets trading issuer CEO's. He had...
Mark R. Basile, Esq.
Feb 4, 20213 min read
OTC Markets Death Spiral Funders Days may be Numbered
For the last several years, toxic convertible note funders have had their way with small, under-funded OTC Markets publicly trading...
Mark R. Basile, Esq.
Jan 20, 20216 min read
Is There an Alternative to Litigation for a Microcap?
Why an Alternative to Litigation is better for Lenders and Funders: Over the past couple of years, I have seen more and more microcap...
The Basile Law Firm P.C.
Jan 19, 20212 min read
The New Type of Convertible Note Transaction on the OTC Markets – a Dirty Trick?
Professor Basile covers a new lending instrument by Toxic Lenders on the OTC Markets
Mark R. Basile, Esq.
Sep 28, 20204 min read
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