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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
TOXIC DEBT STOCK REPAYMENTS TO LENDERS MAY BE THE NEXT TIME BOMB UNDER BANKRUPTCY AVOIDANCE LAWS
Lenders Forced Stock Conversions may be attacked in Bankruptcy as a Fraudulent Conveyance
Mark R. Basile, Esq.
Apr 7, 20234 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
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 Issuers May Recoup Hundreds of Millions from SEC Actions against Toxic Lenders.
Many CEO’s and investors in small public companies trading on the OTC Markets are closely following the SEC lawsuits instituted against...
Mark R. Basile, Esq.
Sep 4, 20204 min read
Transfer Agents and a new Standard for Rule 144 Opinion Letters
Transfer agents require convertible note holders to supply a legal opinion letter from a securities attorney explaining the legal basis...
The Basile Law Firm P.C.
Jun 9, 20206 min read
Microcap Terrorism - A Warning to OTC CEO's
There are many forms of terrorism in this world playing out right before us and we are all somewhat familiar with the political form, but...
Mark R. Basile, Esq.
Nov 13, 20196 min read
Is A Convertible Note a Security?
Convertible Note Stock may NOT be eligible for Resale after 6 months but may also be subject to state Usury Laws. The deadly toxic...
The Basile Law Firm P.C.
Nov 13, 20199 min read
THE FRIDAY THE 13TH CONVERTIBLE NOTE MASSACRE
HEY CONVERTIBLE NOTE HOLDERS – LET’S MAKE A DEAL! Turns out that Friday the 13th is also unlucky for toxic convertible note-holders! I...
The Basile Law Firm P.C.
Apr 18, 20186 min read
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