Financial Advisors Exaggerate Investment Results

Advisors know you want the highest possible investment returns that are consistent with your tolerance for risk. If you are in your 30’s this could be an all equity portfolio of aggressive growth stocks. If you are retired your portfolio could consist of securities that produce the greatest amounts of income. Most advisors believe performance is the key to winning new clients.

On the other hand, financial advisors do not have track records. Only money managers have track records because they provide the same services to multiple clients. Advisor services vary by client so they do not have track records or at least they don’t have legitimate track records. So how do they market their services to investors who put a major emphasis on performance? Continue reading

How is Bad Advice Different Than a Scam?

One key difference is bad financial advice is legal. Investment scams, such as Ponzi schemes, are illegal. There is no way regulatory agencies can mandate high quality financial advice that is always in the best interests of investors. In fact, regulations that impact the quality of financial advice are non-existent.

Bad advice means your assets under-perform compared to good advice that produces higher returns. If you are unfortunate enough to invest in scam, there is a high probability your assets will disappear.

Bad advice is impacted by the risk associated with investing in the securities markets. Most scams do not invest assets they steal assets. Therefore, your risk is not the securities markets, it is the products and the company that produced and sold the products to you.

Increased Exposure for Investment Fraud

The Fraud College is a Utah organization that educates members of the LDS church about affinity fraud and other types of investment scams. Affinity fraud occurs when a scam is sold to a group of people who have a common interest or belong to the same organization (LDS church). For example, Bernie Madoff used country clubs and synagogues to market his Ponzi scheme.

The close-knit Mormon community has long been a target of scam artists. Scam operators make sure a few high visibility Mormon investors have a positive financial experience. Then they use them as references to increase their credibility. This strategy has been very successful because Mormons trust other Mormons, in particular high visibility Mormons.

Don’t buy an investment product just because someone you know or respect has also bought the product. You still have to do your homework!

Fool Me Once, Shame on You!

Wells Fargo is ready to pay $1.4 Billion for its involvement in an Auction-Rate Securities scam. In an settlement that includes an arrangement with California Attorney General Jerry Brown, the San Francisco-based banker has agreed to repurchase billions in illiquid auction rate securities… “Wells Fargo convinced thousands of investors to purchase auction-rate securities with promises of robust returns and liquidity, but when the market collapsed, investors were left out in the cold,” Brown said.

It’s really a simple question… Why would anyone continue to do business (i.e. invest) with a bank that was complicit in cheating investors? “Fool me once, shame on you; Fool me twice, shame on me”. By continuing to do business with financial institutions and investment advisers involved in such a questionable and deplorable act, investors are allowing themselves to be fooled for the third, fourth or fifth time.

It’s popular to blame lack of regulation, or it’s easy to diffuse culpability by saying everyone did it (this is NOT true). It boils down to this: if we as investors do not fix it by cutting our ties to those who violated our trust, then we are ultimately to blame.

Top 10 Types of Investment Scams

Jack Waymire, the founder of Investor Watchdog said “Most investors are vulnerable to investment scams because they don’t know a real advisor from a fake one. Glib salesmen have had years of experience saying whatever it takes to convince people to invest in their scams.”

Waymire went on to say, “Providing the public with education and information about fraud is never-ending because con artists are always dreaming up new ways to fleece the public.”

One way to protect yourself from investment fraud and deceptive sales tactics is to know the Top 10 scams and avoid them.

1. Ponzi Schemes: have stolen more money than any other type of scam. That’s because early investors, who are paid with the assets of later investors, believe they have a great investment so they tell friends, family, and associates. This phenomenon creates a lot of new investors who provide the assets the scam operators need to pay the earlier investors. Ponzi schemes can perpetuate themselves for decades as long as there are no excessive demands for distributions.

2. Promissory notes: are a popular scam that is sold to seniors who need high interest rates and low risk to fund their standards of living during retirement. A promissory note appears to be the perfect investment until the fraud is exposed and people learn there were no actual investments.

3. Loans (Private Placements): are potential scams because you do not really know if your money was actually lent to a credit-worthy borrower. You receive monthly reports stating your assets are producing great returns, but you should know by know, many of these reports are fake.

4. Currency Scams: are popular with criminals because trading currencies is an exotic undertaking, has the potential of producing high returns, and has exceptional complexity which seems to give these scams additional credibility.

5. Investing in Precious Metals: seems to be as exotic as trading currencies. Like other scams, the bullion you are supposed to own may not exist. One reason is the scam operators know you will not visit the company that is storing the bullion. Or, you are sold an interest in a gold mine that does not produce any gold. Most investors take the word of the seller that the mine is producing great results.

6. Life Settlements (Viaticals): sound like a reasonable investment, but they have a bad reputation. That’s because they may take advantage of vulnerable seniors who are terminally ill. They can also take advantage of investors who invest in fake life settlement programs. Watch-out for the newest scamSenior Settlements that buy interests in the death benefits of healthy people. It is very difficult to predict when someone is going to die.

7. Unregistered Investments: Just because financial documents look real, do not assume all securities have been properly registered with the regulatory agencies. It is easy for criminals to copy real documents to create unregistered securities for fake companies.

8. Prime bank scams: prey on people who believe the ultra-wealthy have exclusive investment opportunities that are not available to the general public. And, these opportunities produce exceptional returns that sound real because they are used by the ultra-wealthy.

9. Investment Seminars: may also be scams because the only making money is the people presenting the seminars. Most seminars promote get rich quick schemes which rarely work for the masses. To get rich you need a great idea, a great strategy, adequate working capital, and disciplined execution of the strategy. Besides, if the idea was that great they would not be sharing it with you.

10. Annuities: can be an investment scam when financial advisors replace your current annuities with inferior products so they can generate a new round of commissions from your assets.

Investment Advisor and Product Registrations

Criminals masquerade as financial advisors to sell illegal investment products. They use personalities, sales skills, and the names of legitimate companies to convince you to buy what they are selling. You can protect yourself from their predatory sales tactics by demanding proof they are licensed to sell investment products or advice.

Step one is to obtain their CRD (Central Registry Depository) number or their IARD (Investment Advisor Registry Depository) number. Step two is to use the number to check their licensing at www.finra.org. To be safe, you should also check them out by contacting your state’s Securities Commissioner. You want to know if they are currently licensed and if they have any investor complaints on their record.

Contact the SEC (www.sec.gov), FINRA, or your state’s Securities Commissioner if the advisor is unable to provide a CRD or IARD number or the number proves to be fake.

Also, don’t assume the products they are selling have been registered with the proper authorities. A lot of criminals use forged prospectuses to convince people to buy illegal investments. Again, check the products with FINRA and your state’s Securities Commissioner to make sure they have been registered for sale in your location.

Where are the Investment Regulators?

Bernie Madoff’s company was an SEC registered investment advisory firm when he voluntarily admitted he was running an illegal Ponzi scheme. He was not caught by a regulatory agency. In fact, being a regulated company may have helped him rip-off investors. They assumed he was legitimate because he was registered.

Why do so many bad guys hold current registrations and licenses? Why haven’t they been kicked out of the financial services industry? Why haven’t they been jailed “before” they destroyed the financial security of so many investors?

The regulatory auditors are good at reviewing record-keeping systems, sales literature, and code compliance. Most often, the auditors have legal or accounting backgrounds. However, they are not investment professionals. They don’t have the necessary investment knowledge to review sophisticated investment methodologies and trading strategies.

The reality is current registrations and licenses don’t mean much. You still have to conduct your own due diligence. It’s your money!

Warning to Senior Consumers: Living Trust Scams

If you’re age 50 or older, you should take special care when buying living trusts. Your age group is often a special target of salespersons whose goal is to sell you something without carefully analyzing your needs.
It’s easy enough to become a victim. Living trust sales are a growing area of consumer fraud. Con artists make millions of dollars every year selling unnecessary trusts. Each year, thousands of consumers lose from $500 to $5,000 through the purchase of living trusts. Often, families face potentially greater costs after the consumer’s death, resulting from problems associated with the trusts.
To protect yourself, follow these guidelines:
1. Take time when making your decision. Do not fall victim to high-pressure “act immediately” sales tactics.
2. Seek the advice of someone trustworthy and knowledgeable. Contact your accountant, estate planning attorney, banker or financial advisor.
3. If you conclude that a trust may be right for you, deal directly with a licensed attorney who has substantial expertise in estate planning. If the attorney is board certified in estate planning and probate law, then he or she is presumed to have this expertise; though, he or she does not need to have this designation to be qualified to do your estate planning work.

Frank Castaldi Pleads Guilty

Frank Castaldi, Prospect Heights, IL, pleaded guilty to running a Ponzi Scheme for more than 20 years. More than 450 investors lost more than $77,000,000 in this fraudulent investment scam.

Castaldi convinced investors to invest in six month promissory notes that had yields of 10% to 15% and little or no risk. He also represented he would personally guarantee the principal amounts even though he had no assets to back the guarantee. He often referred to the notes as CDs and stated they were insured for up to $250,000.

His scam succeeded for two decades because he offered the two investment characteristics that investors crave the most: high returns and no risk. One person described the victims’ experience with Castaldi as “We are simply people who trusted someone that we thought was really, really smart and knew a lot about investment.”

He also described Castaldi’s personal approach: “We would go to his office and he would give us a kiss each and every time. He knew and asked about our kids. He was invited to our kids weddings, our anniversary and birthday parties. He was a family guy. He knew everyone

He also described Castaldi’s personal approach: “We would go to his office and he would give us a kiss each and every time. He knew and asked about our kids. He was invited to our kids weddings, our anniversary and birthday parties. He was a family guy. He knew everyone’s financial situations because he was the neighborhood tax guy. He approached us about this investment opportunity because he said he wanted to help us out because we are like family.

Most people have a hard time believing someone they like and trust will take advantage of them for money. Unfortunately, the bad guys know this.

Beware of Gold Scams

As the prospect of future inflation raises its ugly head, some investors may be turning to precious metals as a way to protect the purchasing power of their money.

Beware of slick sales representatives who want to sell you gold bullion and then offer to store it for you in super-secure vaults. They may even offer to store your gold for free.

All too often there is no gold. You have been victimized by criminals who took advantage of your need to protect the value of your assets during inflationary times.

You are better served investing in gold through mutual funds that are managed by highly regarded brand name firms.