Senior Investors

Fraud is Cause of Financial Loss! Say One in Five Older Americans

Published on: September 13, 2007 | by Shepherd Smith Edwards & Kantas, LLP

“Mr. Chairman, there is no doubt financial fraud aimed at older Americans is real.”

This astounding statement was made at the SEC’s Senior Summit by Mary L. Schapiro, the Chief Executive Officer of the Financial Industry Regulatory Authority (FINRA), the regulatory body formed by the merger of the National Association of Securities Dealers and the regulatory arm of the New York Stock Exchange.

Ms. Schapiro backed her statement with the results of a recent FINRA survey which found that, of the 55 percent of respondents who said they lost money on an investment, 19 percent-almost one in five-attribute that loss to being misled or defrauded. While this is cause for concern, she added, it’s also an opportunity for creative collaboration by regulators.

SEC Files Charges in $428 Million Securities Fraud Case Over Exploitation of Senior Investors

Published on: September 10, 2007 | by Shepherd Smith Edwards & Kantas, LLP

The Securities and Exchange Commission filed charges against 26 defendants for their alleged involvement in a $428 million securities fraud scheme targeting thousands of senior citizens and other investors in the United States.

According to the SEC action, filed in Chicago’s federal district court, the defendants participated in selling “Universal Lease” securities that were structured as timeshares in hotels located in Cancun, Mexico. A pre-arranged rental agreement promising investors a high, fixed return rate was also included. The fraudulent scheme fell apart and investors have reportedly lost more than $300 million from the scam.

The SEC says that Michael E. Kelly and others scammed thousands of U.S. investors by persuading them to spend their retirement savings on the purchase of Universal Leases. Kelly and his team falsely promised returns that were secure and guaranteed. The SEC claims that Kelly and his group raised at least $428 million from investors, with IRA accounts as the source of over $136 million.

State Regulators’ Association Seeks to Abolish Bogus Finanical Advisory Designations

Published on: September 6, 2007 | by Shepherd Smith Edwards & Kantas, LLP

The North American Securities Administrators Association Inc. of Washington (NAASA) plans a vote by its members by the end of this year on a proposal which would make it a violation of state securities regulations to “misuse, mischaracterize or fraudulently represent a designation that has little or no value,” said the President of NASAA, Alabama securities commissioner Joseph Borg.

Mr. Borg announced the NASAA plan at a hearing being held this week by the Senate Special Committee on Aging. Mr. Borg appeared to testify on matters involving securities fraud of the elderly, and within his presentation he chose to specifically adress the use of questionable senior financial adviser designations.

State securities regulators have authority to take action against financial advisers for unethical sales practices, such as churning and selling unsuitable products, he said. “This would be an enhancement to cover fraudulent use of designations,” Mr. Borg said. NASAA initiative is part of ongoing efforts by state and federal regulators to beef up regulatory authority to protect seniors from financial fraud.

Update: Do Insurance Companies Use Scam Artists to Sell Unsuitable Annuities to the Elderly?

Published on: July 8, 2007 | by Shepherd Smith Edwards & Kantas, LLP

According to the Government Accounting Office (GAO) Americans over 65 hold more than $15 trillion in assets and, with “Baby Boomers” soon reaching retirement age, that figure will likely balloon. As financial firms, including insurance companies, design products aimed at this pot of gold, scam artists lick their chops for a piece of the action. Unfortunately, their paths cross.

As we very recently reported, a federal judge in Hawaii dismissed a class action suit against Midland National Insurance saying that, because different sales pitches were used by different salespersons, the claims by elderly Hawaiians can not go forward. Meanwhile, regulators warn that scam artists are selling insurance products to the elderly. Thus, it appears that insurance companies can simply look the other way while con artists victimize the elderly using their annuities. [OUR FIRM PURSUES CLAIMS ONE AT A TIME TO AVOID THIS PROBLEM.]

A NY Times article today reports that a Massachusetts insurance agent became a “certified senior adviser” then advertised this and other credentials to retirees. Yet, he did not mention how easily he received that title: He paid $1,095 for a correspondence course, then took a multiple-choice exam with dumbed-down questions. The agent, and over 18,700 other applicants since 1997, passed the course.

Judge Tosses Suit by Elderly Who Claim They were Misled into Annuity Losses

Published on: July 8, 2007 | by Shepherd Smith Edwards & Kantas, LLP

A judge in The U.S. District Court in Honolulu ruled that those who lost in annuities cannot bring a class-action suit against the annuity insurer, despite potential misleading and deceptive actions by the insurance firm. [Yokoyama et al. vs. Midland National Life Insurance Company.]

Lawyers representing the plaintiffs in the case alleged the defendant, Midland National Life Insurance Company, sold elderly Hawaiians inherently unsuitable, deceptive indexed annuity products that were designed to hide the true cost of an early contract cancellation.

The court cited two reasons it denied the class action against Midland. The first was that, whether or not Midland’s actions were misleading or deceptive, different sales pitches by different insurance salespersons were made to those purchasing the annuities, therefore the investors did not have similar claims. The second, said the judge, was that the losses were not caused by the alleged misleading actions, but by changes in the securities market.

SEC Halts Debt Offering by Amerifirst Funding, Alleging Fraud Targeting Elderly Investors

Published on: July 7, 2007 | by Shepherd Smith Edwards & Kantas, LLP

The Securities and Exchange Commission filed an emergency action in a Dallas federal court against Amerifirst Funding, Inc. and Amerifirst Acceptance Corporation alleging fraud.

The SEC contends that the offering of securities, known as Secured Debt Obligations (“SDOs”), are notes purportedly secured by automobile financing receivables created or purchased by the defendants. The district court entered temporary restraining orders suspending the offering, freezing the defendants’ assets and requiring an accounting and repatriation of assets.

The court also appointed a receiver to secure assets for investors, and ordered defendants to preserve documents and submit to expedited discovery. The SEC says the ruling has frozen the assets of the investment firm, which it accused of running a scam that targeted senior citizens, mostly in Texas and Florida, since early 2006.

Securities America Fined $15 Million for Luring Retirees Using Exaggerated Promises

Published on: June 11, 2007 | by Shepherd Smith Edwards & Kantas, LLP

The NASD fined Omaha, Neb.-based Securities America Inc. a total of over $15 million for luring 32 long-term employees of Exxon Corporation into early retirement using false promises of high returns. The NASD stated that supervisors at Securities America largely ignored such actions by its registered representative who has been charged with violating securities regulations.

The NASD is focusing much of its enforcement resources on brokers and investment firms specializing in retirement planning services. The NASD’s chief counsel of the New Orleans region said retirement-age workers are extremely vulnerable to retirement planning investment scams. In many cases, the workers have little financial sophistication, but huge portfolios of assets that must be invested for post-employment purposes.

Employees of large companies such as Exxon are tempting targets for unscrupulous brokers touting inflated predictions of earnings to generate huge fees for the brokers. The target employees are able to “rollover” their retirement accounts, sometimes worth over a million dollars, to banks or brokerage firms. Often these workers hive little or no experience in investing and must rely entirely upon an investment advisor. This problem will grow as the baby boom generation retires.

Annuity Sales Fraud of Seniors is Growing, Says the NASD

Published on: June 6, 2007 | by Shepherd Smith Edwards & Kantas, LLP

The National Association of Securities Dealers has issued an “Investor Alert” warning of a rise in deceptive sales practices in the sale of annuities to senior citizens

The NASD also states that consumer confusion about annuities has also risen. “This is due, in part, to questionable or deceptive sales practices employed by companies and agents looking to take advantage of uninformed consumers,” it adds.

An “annuity” is defined in the release as “a contract in which an insurance company makes a series of income payments at regular intervals in return for a premium or premiums you have paid.”

“Pump and Dump”, Annuities, Real Estate, Affinity Fraud and “Free Lunch Seminars” Are Top Scams in 2007 Say State Securities Regulators

Published on: May 21, 2007 | by Shepherd Smith Edwards & Kantas, LLP

The North American Securities Administrators Association released its “Top 10 Traps” likely to ensnare investors, a list that included real estate investment contracts, affinity fraud, foreign exchange trading, and Internet fraud.

Other problematic areas, according to NASAA, include: “free lunch” investment seminars; oil and gas scams; prime bank schemes; private securities offerings; unlicensed professionals and unregistered products; and unsuitable sales.

“The path to safe investing is littered with traps that are likely to catch unwary investors,” Joseph Borg, NASAA’s president and the director of the Alabama Securities Commission, said in the release. “It always pays to remember that any investment that sounds too good to be true usually is.”

Wachovia is Among the Financial Institutions Accused of Assisting Scam Artists To Bilk Seniors

Published on: May 20, 2007 | by Shepherd Smith Edwards & Kantas, LLP

For decades, telemarkers in “boiler rooms” have bilked the elderly by convincing touting them to buy investments which supposedly pay high rates of return or have fabulous growth potential.

Now thieves operating in small offices in Canada and warehouses in India work day and night targeting elderly Americans. Working from lists of names and phone numbers, they call War veterans, retired schoolteachers and thousands of other elderly Americans and posed as government and insurance workers updating their files.

Then, the criminals empty their victims’ bank accounts!