Saturday, July 13, 2024

John Jay Singleton.  

Calls from people trying to open accounts I'm always focused on private property and data so when I'm dealing with Caleb and Brown or Coinbase or the bank. I like Caleb and Brown by the way, so I'm going to be biased.  I get commissions from my referrals, okay.  So I'm a little biased.  However, I do like their service.  I wouldn't work with them if I didn't like the type of service they provide.  But they are kind of caught in the middle, as it were, because the government wants them to investigate and collect data on the owners of their account holders.  So they're asking for information just like Coinbase is asking for financial information, source of funds, source of wealth, for the signer, for the account holder.  Realize what's going on.  I'm telling you this because I want you to understand the language here.  A lot of times you forget that you're opening an account for another party,  your LLC.  And then you are being asked for financial information about yourself.  Your response should be, 
What legal duty do you have to investigate my financial wealth when I'm not the account holder?

Then ask,

What financial duty do you have to investigate the financial source of non-account holders?  And if you do have a legal duty, no problem.  I would like you to cite your legal duty.  Cite the law.  Because I want to read it. 

Step one, that's how I respond.  I don't just give them what they want and then beg for mercy.  I say, well, okay, I understand.  If you have to do something, show me the law that requires you to do it.  I'm a non-party.  I'm not an account holder.  My company is, and yeah I own it, but I don't have the contract with you, my company does.  The ownership of the company can change at any time.  That's why this is an issue.  The other thing is, let's say I'm going to give it to you.  Realize that the information you're requesting from me now is subject to a non-disclosure agreement in which there are substantial penalties for disclosing the third parties.  We can remedy that if you'll indemnify me against the penalty.  That means you pay the penalty for me because I'm going to have to pay the penalty. Did I tell you how much it was?  No I didn't.  Do you want to ask? Do you even have the ability to do that, right?  Let's just start there.  This is called negotiating with somebody that's not in the room.  You pull this trick on them too.  Make them negotiate with someone who's not in the room.  My company has substantial liquidated damages for disclosing information and that is what you're asking me for is a trade secret.  I don't have to tell you why, just know that it's a trade secret.  There's another reason why we say trade secret but we can get into that maybe I can give you a summary of what you're looking for tell me what actual legal Duty you have cite the law and you're not trying to be combative you're just saying look I'm with you I'm trying to work with you because I like your service tell me what legal Duty you actually have because you may not have read the statute you're just telling me what your boss told you to tell me so I read the statue and it says oh right here it says you need to do this this and this okay I'll do that for you or I will give you a summary. 


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