Martin George Prego

I bring a unique combination of legal, business, and executive experience to my role at Prego Law Group, PLLC. With over 25 years in the banking and financial services industry, including time spent as a C-suite executive and compliance leader, I offer deep insight into the complexities of regulatory compliance, risk management, and strategic business growth.

My career includes leadership roles at Merrill Lynch, Espírito Santo Bank, Gibraltar Private Bank & Trust, and Brickell Bank. In these roles, I led compliance programs, addressed complex regulatory issues, and managed high-stakes mergers and acquisitions (M&A) transactions. My hands-on experience in banking operations and thorough understanding of financial regulations have made me a trusted advisor for businesses seeking not only legal solutions but also informed guidance that draws on business acumen.

I hold a J.D. from Mitchell Hamline School of Law and a certificate in Advocacy and Problem-Solving. I combine my legal knowledge with my business experience to provide client-centered, concierge-level counsel to entrepreneurs, fintech startups, and growing businesses. In addition to my work at Prego Law Group, I serve as an adjunct professor at Mitchell Hamline, where I teach future attorneys how to build client-focused law firms and develop effective trial advocacy skills.

My strategic insight, shaped by decades of executive leadership experience, makes me an invaluable partner for clients seeking to navigate the complex legal and regulatory challenges of today's business world.

At Prego Law Group, I offer more than just legal counsel—I provide business-driven strategies that help clients succeed in competitive industries.

• Banking Law

• Credit Cards Accepted
• Contingent Fees

Florida

The Florida Bar

ID Number: 1022152

Attorney at Law

PREGO Law Group PLLC

2020 - Current

President

Brickell Global Markets, Inc.

2016 - 2019

Group Chief Compliance Officer

Brickell Bank

2014 - 2019

Intern

PRATT Law PA

2017 - 2018

SVP AML Officer

Gibraltar Private Bank & Trust

2013 - 2014

Chief Compliance Officer

Espirito Santo Bank

2004 - 2012

Various

Merrill Lynch

1997 - 2004

William Mitchell College of Law

J.D. (2018) | Law / Advocacy / Alternative Dispute Resolution

2015 - 2018

The Florida Bar  # 1022152

Member

Current

FIBA

Member

Current

FBA

Member

Current

CAMS

Association of Anti-money Laundering Specialist (ACAMS)

2005

Q. How to be released from a purchase agreement as a seller in Florida?

March 28, 2025

A: In Florida, sellers who wish to be released from a real estate purchase agreement generally must look to the specific terms and conditions set forth in the contract. Most agreements will contain provisions that govern termination, deadlines, conditions precedent (such as permitting or financing), and remedies in the event of default or delay.

If the contract includes a condition that must be satisfied before closing—such as the buyer obtaining a permit—and the buyer fails to act diligently or within a reasonable time, the seller may have grounds to claim that the condition was not met, potentially allowing for termination of the agreement. However, whether the seller can be released will often depend on:

Whether the contract has a “time is of the essence” clause;

Whether the buyer’s conduct constitutes a failure to perform or a material breach;

Whether any notice or demand has been issued and the buyer has been given an opportunity to cure;

The presence (or absence) of termination provisions or default remedies in the agreement.

In some cases, sellers may seek a mutual release, file a declaratory action in court asking for a ruling that the contract is no longer enforceable, or assert that the contract has lapsed due to the failure of a condition precedent.

Florida courts enforce contracts based on their language and surrounding conduct. Therefore, each contract and each situation is different. I highly recommend you consider consulting with an attorney to evaluate your specific agreement and circumstances. Doing so can help determine whether termination is permissible and, if so, how to proceed in a way that protects their rights and avoids liability. ... Read More

Q. Liability for fraudulent ACH chargeback dispute with $20,000 damages.

February 14, 2025

A: Under federal law, potential liability for your mother and the bank in this ACH chargeback dispute involves multiple legal considerations:

1. Your Mother’s Potential Liability

Your mother may be liable for fraud or unjust enrichment based on the following factors:

Fraudulent Chargeback Claims: If she knowingly authorized you to use her account and later misrepresented the transactions to the bank as unauthorized, she may be liable for fraud.

Unjust Enrichment: If she benefited from the funds being used for your expenses and then reversed them, she may be liable for unjustly retaining money that she initially consented to you using.

Potential Civil Claims: You could pursue civil remedies under Florida or California law for fraud, unjust enrichment, or even conversion if she falsely claimed the transactions were unauthorized.

2. The Bank’s Potential Liability

The bank's role in this dispute hinges on its compliance with Regulation E (Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq.) and the NACHA Operating Rules governing ACH transactions. Key points include:

Negligence or Wrongful Reversal: If the bank was aware that you had authorized access and still reversed the transactions without proper investigation, you might have a claim for negligence.

Failure to Conduct a Reasonable Investigation: Under Regulation E, banks must conduct a reasonable investigation into disputed transactions. If the bank knew or should have known that your mother had authorized the transfers but still approved the chargebacks, it could be liable for failing to investigate properly.

Breach of Banking Regulations or Internal Policies: If the bank failed to follow its own dispute resolution procedures or NACHA rules, this could form the basis for a breach of contract or negligence claim.

Jurisdictional Considerations

Since the transactions occurred across state lines (Florida and California), federal jurisdiction could apply.

You may need to bring claims in state or federal court, depending on the applicable laws and amount in controversy.

Next Steps

Demand Letter: Consider sending a formal demand letter to both your mother and the bank outlining the fraudulent nature of the chargebacks and requesting reimbursement.

Banking Complaint: File a complaint with the Consumer Financial Protection Bureau (CFPB) and your state’s banking regulator.

Legal Action: If the bank fails to respond and your mother refuses to return the funds, you may need to consider filing a lawsuit in small claims or civil court for damages.

If your mother intentionally misrepresented the transactions, you may have a strong claim against her. The bank’s liability depends on whether it followed Regulation E and NACHA’s dispute resolution rules. If it failed in its investigation, it could be liable for negligence or wrongful reversal of funds. ... Read More

Q. Can a Florida notary use an embosser with impression inker in stead of used a rubber stamp?

January 3, 2025

A: Under Florida Statute 117.05(3)(a), Florida notaries are required to use a rubber stamp seal that includes specific information, such as the notary’s name, the words “Notary Public - State of Florida,” the notary’s commission number, and the commission expiration date. The law mandates the use of a rubber stamp, so an embosser alone is not sufficient to meet the statutory requirements.

However, a notary may use an embosser in addition to the required rubber stamp seal for added security or ceremonial purposes. If an embosser is used, it must not replace the rubber stamp, and if the embosser’s impression is used, it is recommended to apply an impression inker to make it visible for photocopying or scanning. This is an optional enhancement but cannot serve as a substitute for the rubber stamp seal.

In summary, a Florida notary must use the required rubber stamp seal to comply with the statute. The embosser, even with an impression inker, may only supplement but not replace the rubber stamp. ... Read More