White Collar Crime-Investment Fraud Guide
Introduction
There are American Greed type shows on TV, on youtube and
other places. They’re all the same. All investments beyond keeping your money in
a savings bank account or with a government savings bond are a risk.
The first thing you do if you want to play with stocks and
mutual funds is only go with the big companies you see consistently advertising
on Money Magazine like ameritrade.com for stocks. The big mutual fund companies are fidelity,
vanguard, Charles Schwab and a few others.
Other than that, if it’s too good to be true, it is. Don’t fall for TV ads.
Well-established companies can be bought by evil people and
plundered.
This book goes through the worlds of paper cons and scams.
As much as I hate to say it, people get ripped off out of
stupidity and greed.
Most people don’t even know that there are hundreds of money
books at #332 of any library plus many money magazines. That’s stupidity.
Then there’s gullibility.
Don’t listen to anyone. Money is not
rocket science. I wrote a money
superbook. You can figure it out in
about a month. There’s not much going
on. It’s all talk.
Chapter 1. Investment Fraud Guide
Investment Scams/ Investment Fraud 1
If
an investment company is not transparent, if they don’t open their books to
show who they deal with it’s a scam.
If
they make big gains while everybody else is losing, it’s a scam.
If
they operate offshore, it’s probably a scam.
If
you can’t understand it in simple terms, it’s a scam.
If
the top guy is flamboyant and likes to spend money, it’s a scam.
If
they are conspicuous consumers, it’s a scam.
The
oldest scam in the book is the pump and dump; buy, lie, sell high. The latest scam is the internet where some
Joe posts a bunch of messages on message boards telling about how great a stock
is then selling his once the stock goes up.
I
have seen a mega-phony goldmine scam and I have seen phony biotech and tech
stock scams. People create dummy
companies with impressive sounding names, go public, write up phony reports
with short term gains and scam people.
The
Sec can't check everyone out. By the
time they get to a scam company, they're gone.
The moral to the story is don't invest in new, upstart companies that
try to persuade you with the get on the ground floor pitch, we're gonna be the
next microsoft.
Despite
the so-called bull market on Wall Street, appearances can be deceiving and
there are vultures there ready to pounce on the naive, middle class
investor. Con artists and organized
crime have moved in.
The
most typical con is to start a dummy company, hype it up, print up nice
pamphlets and encouraging news, pay off stockbrokers to sell the stock then
it's a bust and you're left holding the bag with nothing.
Do
your research. If you want to invest,
why not stick with the established companies with some track record for several
years. Stable growth is better than
risky hype anyday.
The
Sec Act of 1934 says you have to have a device, scheme or artifice to defraud
which means you have to say something fraudulent then act on it. If you go on the internet and give bad
advice, you can’t be charged for it but if you say something fraudulent or do
some scheme and trade on it, you’re cooked like 15 year old Jonathan G. Lebed
of Cedar Grove, NJ who got caught and made the news, some kid getting
arrested.
In
a nutshell, be wary of promises of quick profit or insider knowledge with
pressure to invest quickly and be wary of promoters who try to hide their
identities.
I
already mentioned gold mine scams and new high tech company scams and beyond
that, the internet seems to be the new playground for scam artists. Just because someone has a website or ad
online doesn't make them legitimate.
The
online service providers sell space and they usually don't check or care what
the buyer puts there. Check to see if
the company is registered with the Sec and has filed a Form BD.
If
it hasn't, call the Sec Office of Investor Education and Assistance,
202-942-7040 or the National Assn. of Securities Dealers hotline at
800-289-9999.
For
problem with futures, call 800-676-4nfa, nfa.futures.org. Refer to sec.gov and cftc.gov for more
info. The national futures assn.,
800-676-4nfa, nfa.futures.org, offers two free pamphlets Swindlers Are Calling
and Investment Swindles.
I
even heard of one scam where some guy printed up some bogus bond certificates
on his computer, made up some ridiculous interest rate, created a phony company
name, put up a website and collected over 3.5 million dollars before he got
caught and the thing is it's only a white collar crime. These guys rarely do much time even if they
swindle multi-millions of dollars.
Successful
investment swindlers use every trick in the book and some that aren't even
recorded to convince you that none of the descriptions and precautions in the
following pages apply to them. After
all, they are offering you a once‑in‑a‑lifetime opportunity to make a lot of
money quickly and you do trust them, don't you?
Investment
swindlers are a faceless voice on a telephone or a friend of a friend. They may perform surgery on their victims'
savings from a dinghy back office or boilerroom or from an opulent #in the new
bank building.
They
may wear three piece suits or they may wear hard hats. They may have no apparent connection to the
investment business or they may have an alphabet‑soup of impressive letters
following their names. They may be glib
and fast‑talking or so seemingly shy and soft‑spoken that you feel almost
compelled to force your money on them.
The
first rule of protecting yourself from an investment swindle is to rid yourself
of any notions you might have as to what an investment swindler looks like or
sounds like.
Indeed,
some swindlers don't start out to be swindlers.
There are case histories in which individuals who held positions of
trust and esteem have sacrificed their ethics for the fast buck of running an
investment scam.
In
still other cases, investment programs that began with legitimate intentions
went sour through happenstance or poor management leading the promoter to
mishandle or abscond with investors' capital.
Protecting
your savings against fraud involves at least three steps:
Carefully
check out the person and firm you will be dealing with;
Take
a close and cautious look at the investment offer itself.
Continue
to monitor any investment that you decide to make.
No
one of these precautions alone may be sufficient. Although victims of
investment fraud can differ from one another in many ways, they do,
unfortunately, have one trait in common - Greed that exceeds their caution plus
a willingness to believe what they want to believe.
Swindlers
simply attempt to mimic the sales approaches of legitimate investment firms and
salespersons namely telephone, direct mail and advertising.
Even
if a swindler has to make 100 or 200 phone calls to find a mooch, he figures
that the opportunity to pocket thousands of dollars of someone's savings is
still good pay for the time and cost involved.
Some
sellers of fraudulent investment deals buy bona fide mailing lists, names and
addresses of persons who, for example, subscribe to a particular investment
related publication, who have responded to previous direct mail offers or who
have other characteristics that swindlers look for like being in the upper
socio-economic class.
A
newspaper or magazine ad may offer profitable opportunities far more attractive
than available through conventional investments. Once you have taken the bait, the swindler
will then attempt to set the hook.
Be cautious of strangers offering you something that sounds
too good to
be true.
Never go for an unsolicited investment offer.
Don't invest in anything based on appearances. Just because an individual or company has a
flashy website, it doesn't mean anything.
Websites can be created in a matter of minutes. After taking money for a few months, they
disappear.
Forget about dealing with individuals or companies from
outside your own country. Buy ADRs
(foreign stocks) on your regular stock exchange.
Buy stocks, bonds and funds from the big companies
only. Everything else could be fraud.
Investment Scams/ Investment Fraud 2
The only rule is do not invest money in anything unless
you’re buying real estate like a house or you’re buying stocks, bonds or funds
from one of the big, long-established companies like Fidelity or Vanguard. Buy stocks through TD-Ameritrade.
Everybody else could be a scam, especially some individual
acting like a bigshot. Just watch CNBC’s
American Greed. All those con artists
are one-man operations who hire some stupid people to make it look good but
it’s almost always one guy masterminding the scam. That can’t happen in big company like Charles
Schwab.
Bernie Madoff controlled everything in his small outfit.
The classic Ponzi scheme like Bernie Madoff and many others
pulled off is that they claim to be money managers, investing people’s money for
a fee. They get a few investors, make up
phony returns that make it look like they’re up 20 or more percent which is a
great return but it’s all fake. If an
investor wants his money at this early stage, they give it to them from the
money they get from new investors but no stocks and funds were ever
traded. The portfolio is fake too.
People talk about the great returns so other people want to
get in. Money flows in and for awhile
investors are rewarded with a good return until the interest checks stop
coming.
Phone calls go unanswered or the fraudster lies, saying the
check is in the mail.
Some guys skip town with all the investors' money then start
again somewhere else.
The guy had simply been taking a portion of the investment
of others and paying it back to the members until he had amassed enough to
leave town.
This simple fraud is done everywhere even in churches. Church members are targets because there is a
natural trust among the church community which wolves in sheep’s clothing
exploit.
The promise of large returns and the
fact that others had already been well paid in the first
year brought the suckers running, wanting to get on the
bandwagon and make money.
It’s easy to forge investment statements or test results on
a gold mine.
Fraudulent offers may come
by telephone, e-mail, mail or TV and radio ads. There was a TV ad soliciting a minimum
investment of $5000. Who is stupid
enough to hand some stranger $5000 who you’ve never heard of before because of
a slick TV commercial?
The fraudsters are very creative. They send attractive and official
looking literature but so what. It’s just the art of fraud.
Anybody who invests money in anything they got from a spam
email is really stupid.
For telemarketing, hang up right away.
Some of the many schemes are:
spam
phony websites
Ponzi schemes
pyramid schemes
false advertising
boiler room telemarketing
Anybody can create some microcap company which is traded on
the over-the-counter OTC markets (OTC Bulletin Board OTCBB), hype it up, sell
stock then bale.
Don't reply to spam.
If you reply to the sender to remove you from their mailing list, they
just keep sending you more spam.
Be on the lookout for phony websites
claiming to be security regulators, your bank, credit card
company, etc. Your bank will never send
an unsolicited email asking for your personal information. If your bank sends
you an email, don’t click the link they give you. Type the bank website into your browser.
Even
though investment crooks know that regulatory agencies regularly monitor ads in
major publications, some nevertheless use such publications in the hope of
being able to hit and run before an investigator shows up. Others advertise in narrowly circulated
publications they think regulators may be less likely to see.
Some
swindlers go first class. Using profits
from previous swindles, they rent plush offices, hire an interior decorator and
pretty receptionist and open what has the appearance but not the reality of a
reputable investment firm. You may even
have to phone for an appointment and once there don't be surprised to be kept
waiting (that's intended to make you all the more eager).
This
kind of swindler's success depends on how long he can keep his victims from
knowing they are being cheated.
Investors are assured that their large profits are being reinvested to
earn even larger profits. Such a
swindler may join local civic groups, contribute to charities and generally
play the role of solid citizen.
The
crux of the investment scam artist is his ability to be a good salesman and tap
into your greed factor. They can promise
you the world with the expectation of large profits, low risk investment, a
sure thing, a hot new technology stock, the urgency of the moment to get in on
the ground floor and finally, the ability to be your friend and get your confidence.
Ponzi
Scheme. One of the oldest schemes going
involves paying fast, large profits to initial investors (actually from their
own or other peoples' investments) knowing that they are likely to recommend
the investment to their friends and these friends will tell their friends.
Soon,
the swindler no longer needs to find new victims; they will find him. It's become one of the oldest and most often
employed investment schemes because it's proven to be one of the most
lucrative.
The
Infallible Forecaster. The routine goes
like this. Jim phones someone we will
call Mrs. Smith and quickly assure her that, "No," he doesn't want
her to invest a single cent. "Never
invest with someone you don't know."
But he says he would like to demonstrate his firm's research skill by
sharing with her the forecast that so‑and‑so commodity was about to experience
a significant price increase.
Sure
enough, the price soon went up. A second
phone call doesn't solicit an investment either. Jim simply wants to share with Mrs. Smith a
prediction that the price of so‑and‑so a commodity was about to go down. As predicted, the price of the commodity
subsequently declines. By the time Mrs.
Smith receives a third call, she is a believer.
She
not only wants to invest but insists on it with a big enough investment to make
up for the opportunities she had already missed out on.
What
Mrs. Smith has no way of knowing was that Jim had begun with a calling list of
200 persons. In the first call, he told
100 that the price of so‑and‑so commodity would go up and the other 100 were
told it would go down.
When
it went up, he made a second call to the 100 who had been given the correct
forecast. Of these, 50 were told the next
price move would be up and 50 were told it would be down. The end result: Once the predicted price
decline occurred, Jim had a list of 50 persons eager to invest.
Phony
gold. Not only did the two brothers have
a fancy office building with their own company name on it but the investment
offer seemed sound and straightforward: "Instead of buying gold outright
and holding it for appreciation, make a small down payment that the firm could
use to secure financing that would permit much larger quantities of gold to be
bought and held for the investor's account.
That way, when the price of gold rose as was sure to happen, investors
stood to realize highly leveraged profits.
The
company provided storage vaults where investors could view the wall to wall stacks
of glittering bullion. By the time
authorities caught wind of the scheme's suspicious smell and looked for
themselves, it turned out the only thing gold was the color of the paint on the
cardboard used to construct look‑alike bars of bullion. The counterfeit gold, however, proved far
easier to find than the millions of dollars of investors' money.
Con
artists have a sucker mailing list that they sell to each other. Most con artists try to control the
conversation by talking most of the time.
The way to disarm them is to ask questions like these:
Where
did you get my name?
What
risks are involved in the proposed investment?
Can
you send me a written explanation of your investment so I can consider it at my
leisure?
Would
you mind explaining your investment proposal to some third party, such as my
attorney, accountant, investment advisor or banker?
Can
you give me the names of your firm's principals and officers?
Can
you provide references?
Do
you have any documents such as a prospectus or risk disclosure statement that
you can provide?
Are
the investments you are offering traded on a regulated exchange such as a
securities or futures exchange?
What
governmental or industry regulatory supervision is your firm subject to?
How
long has your company been in business?
What
has your track record been?
When
and where can I meet with you or with another representative of your firm?
Where,
exactly, will my money be? And what type
of regular accounting statements do you provide?
How
much of my money would go for commissions, management fees and the like?
How
can I liquidate (i.e. sell the item I'd
be investing in) if and when I decide I want my money?
If
disputes should arise, how can they be resolved?
The
bottom line is before you invest, investigate with federal agencies, regulatory
agencies, the BBB, consumer protection againcies, trade organizations and other
professionals in the field to get their opinion if they have even heard about
the company.
Bear
in mind that con artists are slick.
Never just go by their word alone that it's a sure thing waiting for
you. Don't invest just because friends
are blindly investing.
Make
a phone call to the financial editor of your local newspaper. Although newspapers don't give endorsements
or make investment recommendations, they may be aware of a swindler who is
working a scam in the area.
If
you become suspicious or overly uncomfortable with an investment you have made
and if you are unable to totally resolve your concerns, the best thing you can
do is try to get out of it as quickly as possible.
That
means demanding your money back, accompanied, if necessary, by threats to
contact authorities. You might or might
not get it. The best you can hope for,
if indeed there's fraud involved, is that the swindler may decide to refund
your money rather than risk having you blow the whistle while he is still on
the prowl for new investors.
If
that happens, consider yourself more fortunate than most. No doubt you will be told that backing out
now would be anything from contractually illegal to a terrible financial
mistake.
Swindlers
figure that every once in a while some of their more fidgety investors simply
have to be reconvinced. He may tell you
that you are so close to making really big money or the investment now looks
even more profitable than originally expected.
If
you insist on a refund of your investment, insist on it immediately. Ask to pick it up yourself or offer to pay
the cost of having it sent by overnight mail or wired directly to your
bank.
Don't
settle for "it will take a week or two” or “the check is in the mail.”As
everyone knows, checks seem to be lost more often than any other type of
mail. If you don't get your investment
back (and chances are you won't) or even if you do and still suspect a swindle,
report it promptly to the appropriate authorities and regulatory
officials.
They
may be able to conduct an investigation and, if called for, seek legal action
to impound whatever funds the firm still has.
The
majority of individuals and companies offering investments to the public are
subject to some sort of regulation and may be subject to multiple
regulation.
Those
which trade in futures contracts and options on futures contracts are regulated
by the Commodity Futures Trading Commission, a federal agency and by National
Futures Association, 800-676-4nfa, nfa.futures.org, an industrywide self‑regulatory
organization authorized by Congress.
In
the securities and securities options business, the federal regulatory agency
is the Securities and Exchange Commission.
There
is also an industry self‑regulatory organization, the National Association of
Securities Dealers.
The
Federal Trade Commission has jurisdiction over advertising, franchises and
business opportunities.
Deals
involving interstate promotion of land sales are regulated by the federal
Department of Housing and Urban Development.
By
contacting the appropriate regulatory organization, you can generally find out
whether the firm or person is properly registered to engage in that type of
business and whether any public disciplinary actions have been taken against
them.
If
the mails are used in promoting or operating a phony investment scheme, federal
Postal Inspectors want to know about it.
The postmastern your community can put you in touch with them.
Fraud
involving any form of interstate commerce is also of interest to the Federal
Bureau of Investigation. The nearest
office should be listed in your phone directory.
See
the movies Wall Street from around 1985 and Boiler Room from 1998 which are
about some of the shady dealings involved in the stock trade.
All Investing is a Risk, Most Marketing is
Hype, It’s a Lie
If you see hype, go the other way. Stick with basic stocks for the long run.
Insiders create the bubbles, reap the rewards then leave the
outsiders (the public investors) holding the bag. Is this criminal or is it common sense? You are to blame too for being so greedy,
getting caught up in the hype and not doing your homework, taking a rational
look at what was goin' on. You bought
into the hype like a fool and now you are the fool.
Be conservative rather than follow the glitz or if you
decide to follow the glitz, watch it and when you feel the tide starting to
turn, sell it all in one shot, buy your boring stocks and watch the coming
debacle.
The problem with the investment business for the the
consumer is basically Caveat Emptor, let the buyer beware. When you check out an investment vehicle,
whatever it mught be, bonds, funds, stocks, etc., the person selling the stuff
to you wants to sell to make his commission so who is the onus on?
Is it on him to be honest but any reasonable consumer should
know this guy or gal is at least part hype?
They can always say they were acting in good faith with good intentions
and didn’t know the stock they sold you was gonna crash. They can lie to you all they want about an
investment and if you buy it and it tanks, you really have no evidence against
the guy except what he told you and you can’t prove that. It’s his word against yours.
The other big gray area is in the investment media. There are a few objective financial reporters
and financial magazines/ newsletters out there but most of these guys well hype
up the stocks they own and hype up the stocks their firms are
underwriting.
You can’t get them for fraud because they just have to say
they gave the best advice at the time for the facts they had and then they’ll
throw it back in your face and say you’re supposed to be a savvy consumer and
check everything out for yourself before you buy an investment vehicle.
On the internet, people will spam you with messages touting
a stock, go in on chatrooms and newsgroups reserved for the general public to
hype up a stock and set up an elaborate website for some scam or questionable
company they’re hyping up to make it appear like a real winner.
One guy says if you’re investigating a company, watch for
cash flow, where do they get the money that’s coming in the door. Is it made by hyping up a stock, borrowing or
real sales and services?
Whenever just about everybody is hyping up a hot, new trend
through irrational exuberance and the market is going through the roof for
reasons that don’t seem logical, watch out for a bubble that’s about to
burst. Never forget the great internet
stock debacle.
They say it’s caused by greed, the greed of the sellers, the
owners, the media dudes and the general public who all want to get rich
fast. It’s the blind leading the blind,
all on false hope. Charm, charisma and
hype can’t compete with good sense and rational, independent analysis.
Every new technological advancement that’s pretty good is
always hyped up as the greatest thing ever created whereupon the wall street
cats go into overdrive, competitors find a cheaper way and the industry,
regardless of what it is always loses favor after a few years. Don’t hang on to a trend for greater returns. Make a decent profit then sell before the
crash.
Be very skeptical about who you trust. Don’t trust too many of them guys you see on
TV hyping up stocks. Dig further to see
if they work for somebody or are they simply objective reporters trying to do a
good job.
Don’t buy and hold for the long run because there will
always be recessions. Buy, watch and
sell when you feel the market is tumbling.
Don’t invest in companies whose function is to invest in new
companies in the latest technological trend.
When the bubble bursts, they go in a flash.
Beware of real estate bubbles in an area too.
Be wary of the hope in international stocks and funds.
IPOs are generally all hype.
Stay away.
Try #332.8097 or HG4928.5 at the library.
bloomberg.com, some information about this phenomena.
bollingerbands.com, stock graphical analysis.
dsm.com, direct stock market.
hulbertdigest.com, analyzes investment newsletters.
iexchange.com, report on the track records of financial
analysts.
redchip.com, claims to be independent.
standardpoor.com, personalwealth.com, independent research.
valueline.com, independent research.
zacks.com, independent research.
How Do You Protect Yourself?
Financial
service professionals have one objective, to make money for their firm and for
themselves. If they don’t, they’re
fired. Their best interest is always
themselves, not you.
It’s
not even about the individual, smalltime investors anymore. The big money is in underwriting new
IPOs. This is why you have to be careful
about buying any new stock. These
financial companies who underwrite a stock (manage it going public) are
thinking about making money fast, not about what great things this company will
do for the world.
Financial
analysts make money when they hype up stocks.
When they can’t recommend one anymore, rather than criticize it, they
stay silent. Why is it that there are
way more buy recommendations than sell or hold?
You
have to have the attitude that it’s them against you because it is but the
great thing is that you don’t need a broker and you don’t have to listen to the
guys on TV much. You can go to websites
and see what stocks are doing and analyze them for yourself.
Understand
the graph. Great new companies go up
like a rocket for the first one to ten years then they always go down because
of competition, other new products from someone else or the institutional
investors get tired of them and sell.
Never
trust anyone with your money.
It
has often been said that investors who are bilked out of money are at least
partially responsible because it is greed that makes them fork over money to
schemes by con artists and for bad advice from unscrupulous financial advisors.
My
first rule is that nobody really needs a financial advisor (except to do taxes)
because money education is not rocket science.
It’s not that hard to educate yourself about money then pick your own
stocks, mutual funds and other investment vehicles.
If
anybody phones you up claiming to be an investment advisor or representing
anything involving money, offering you an investment opportunity, don’t waste
your time. Hang up. Ignore all e-mail spam advertising investment
opportunities.
Don’t
listen to what most internet chatrooms, blogs and newsgroups say about the
stock market. Trust only reputable
websites and reputable investment publications.
There
is a lot of hype about stocks on the TV money shows. You have to understand the concept behind the
statement, don’t ask a barber if you need a haircut. That’s how they make their money. They will always say yes. The same holds true for everybody in the
investment industry.
They
have to be bullish because that’s how they make money even if they’re lying
through their teeth. They will never
tell you not to buy. I’ve never seen one
advisor recommend that you sell or don’t buy more stocks than they tell you to
buy in any interview on TV. It’s always
a rosy picture, buy or hold.
If
any telemarketer calls you about stocks, you get e-mail solicitations or you
get free investment publications urging you to either invest in a certain three
or four stocks or buy the subscription, don’t listen. A good researcher goes to the good
information where he already knows it is.
He doesn’t listen to anything that comes to him unsolicited.
I
like the guy at investors.com (Investor’s Business Daily) because I can tell
he’s meticulous and sincere and I’ve been seeing him analyze stocks for ten
years now so I know who he is and what he’s about. I trust his judgment as being as good as
you’re gonna get but not even he has a crystal ball.
There’s
a Hollywood movie around called Boiler Room.
It works like this with scams in the real world. These guys have the savvy to put together
phony, shell companies, get them listed on some exchange even if it’s just OTC
then hype them to death as the next big thing and they’re so smooth that
suckers fall for it.
For
financial analysts, it’s not about objective research. It’s about one things, SELL AS MUCH STOCK AS
POSSIBLE.
Be
wary of the hype surrounding every IPO.
People
use all kinds or clever fraud to hype stocks up on the internet by pretending
to be ordinary, objective people passing off real important information.
Don’t
trust anyone with excessive optimism.
Don’t listen to anyone’s hot tips.
Do your own research through the good investment publications.
I
don’t want to get too paranoid but there aren’t too many good guys in the world
of investing so be wary. You can read
quarterly financial statements at sec.gov and look at either the big,
independent investment publications (personalwealth.com, valueline.com,
money.com, thestreet.com, zacks.com, bloomberg.com) or the small, loner
intellectual types (hulbertdigest.com) publishing their own. You can usually pick out the good ones from
the bad by style of writing. The bad
guys use puffery and hype. The good guys
write indepth reports.
Don’t
be taken in by any hype.
Don’t
invest money with small investment firms or new ones. Stick with the established discount brokerage
companies and established mutual fund companies.
You
can do a check of the disciplinary record of stockbrokers by filing a request
with the SEC at sec.gov.
You
can easily nullify your paranoia about your stock broker by not having one,
picking your own stocks, buying through a discount brokerage.
If
you’re with a broker and feel he has overstepped his authority and/ or swindled
you, report him to the SEC and file a civil lawsuit against him. If he has a number of dissatisfied clients,
file a class action lawsuit.
Don’t
trust anything an investment ad says.
Watch
out for all the hidden fees with mutual funds.
I read an article by a former chairman of the SEC and he tore the mutual
fund industry to bits as a bunch of scammers with their hidden fees.
Don’t
give anyone power of attorney over your money.
Investing
in futures, options and short selling are all investments that require a good
grasp of the subject in order to succeed.
Don’t
go to free investment seminars. They are
a rah-rah pitch designed to sell you some book or tape package or even worse,
the latest, new “hot” stock or fund.
Boiler
room operations is a scam where a bunch of guys either run a legal brokerage
house or pretend to. They call people
cold turkey, send out free investment letters, etc., all aimed to butter people
to make them invest money in what are essentially worthless investments.
The
solution is to never buy from anyone soliciting with an investment
opportunity. But only through your
discount brokerage once you make your own decision.
When
there is irrational exuberance in the stock market, cease all investments in
anything that’s not an old dinosaur blue chip stock.
Churning: The Dirty Secret of Brokers
Read the papers about all the convictions of people in the
business, investment, religious and political fields, people who are spozed to
help you but instead, they consciously rip you off or try to get you to keep
making stock trades no matter how bad they look so that they can collect
commissions which is all they really care about. It’s so common it has its own term, churning.
Churning
is a concept used by money advisors.
They constantly buy and sell your stocks not because they think it will
make you more money but because they want to collect those commissions.
If
you heard what some of these stockbrokers and investment afvisors say about
investors behind their backs, you would never use one again but would instead
do your own investing.
Many
have contempt for the people they are making money from. It’s like they’re jealous, angry people. I know because a few of my buddies were in
this business. Scrupulous people
generally don’t get into this business.
It’s the wheeler-dealer type who’s a bit on the scam side who thrives.
If
you really, really want investment, hire a fee only advisor, not one who earns
commissions from your trades.
Stocks and mutual funds are not rocket science. Don’t hire a stock broker to manage your
money. Buy your own stocks and
funds. All you have to do is buy a money
magazine with an article like 10 Best Stocks then buy the top 5 using a
discount broker like Ameritrade.
Investor Activists
You
can rest assured that the trade groups within the investment industry (American
Banking Assn., Investment Company Institute, Assn. of Financial Planners,
Technet, etc.) have lobbyists in Washington to protect their interests at the
expense of the public’s interest.
The
following are some websites of organizations who want to clean up the
investment industry, make companies more transparent and help the smalltime
investor out.
foe.org/international/shareholder,
confronting companies using shareholder power.
prometh.com/radical.htm, the radical capitalist
free-market magazine.
aarp.org,
retired persons.
adlcio.org,
union federation.
bbb.org,
better business bureau.
berkshirehathaway.com,
this company is used as an example of an ethical, transparent company. read their annual report.
consumerfed.org
funddemocracy.org,
mutual funds law watchdog in washington.
nasaa.org
tiaa-cref.org,
teachers insurance and annuity assn. – college retirement equities fund, they
discuss what they believe is the ethical way for a publicly traded company to
operate.
vanguard.com/bogle,
mutual funds.
Investors' Bill of Rights
The
National Futures Assn., 800-676-4NFA, nfa.futures.org, puts out a free pamphlet
called Investors' Bill of Rights. The
North American Securities Administrators’ Assn. does too.
There
are many, many regulations imposed by the government on the investment industry
but a lot of people in this business are naturally arrogant and flagrantly
disobey the rules because they think they are superior and everyone else are
pleebes. Don’t let them intimidate
you. If you feel taken advantage, start
by speaking up to the SEC and your local district attorney’s office.
Basically,
some of your rights are as follows:
Honest
advertising. Even though investment
companies are supposed to register with regulatory agencies and the regulatory
agencies monitor advertising sources like publications for misleading ads, some
scam artists set up shop quickly, bilk some customers with unbelievable claims
then move on before the complaints get to the Sec or the FTC.
Just
because an ad is on TV or on the radio doesn't make it legitimate. Before you buy, contact, either the Sec, Ftc,
Nfa or the Bbb to check up on the company.
The
right to full and accurate information.
Full
and accurate history of both the company and the person handling your account
both from them and the state securities commission.
Full
disclosure of risks, usually in writing.
Explanation
of costs and terms. No unforseen or
hidden costs.
Explanation
of risks.
Receive
a copy of all completed contracts.
Receive
regular honest account statements.
Have
access to your funds in a timely manner and be told of any restrictions or
limitations to access.
Receive
fair and prompt service about your account with any concerns you might have.
High
pressure sales tactics are morally wrong and suspicious.
Obligation
to manage your money to the best of their ability.
Access
to your funds.
The
right to complain and seek remedy through legal and regulatory channels.
Insider Trading Info
The
law states that no company executives or their relatives can benefit from
insider knowledge about the company until that knowledge goes public through
the media.
Any person who becomes an insider of a public corporation is not allowed to use sensitive
information or pass that information off to another person to trade stocks to
their advantage before that information goes public.
Insider trading is persons who have information about a
corporation by virtue of position with the corporation and use this information
to trade in securities of the corporation or to assist others to trade in
securities of the corporation before that information is made available to the
public.
The Sec’s Rule I0b-5 covers insider trading cases, the text
of which is as follows:
It shall be unlawful for any person, directly or indirectly,
by the use of any means or instrumentality of interstate commerce, or
of the mails or of any facility of any national securities
exchange, to:
(a) employ any device, scheme or artifice to defraud;
(b) make any untrue statement of a material fact or omit to
state a material fact necessary in order to make the statements made, in light
of the circumstances under which they were made, not misleading; or
(c) engage in any act, practice or course of business which
operates or would operate as a fraud or deceit upon any person, in connection
with the purchase or sale of any security.
The most common type of insider trading is a case where an
officer, director or other person who is involved with a corporation buys or
sells the company's securities while in the possession of material, nonpublic
information but Rule l0b-5 is not limited to just this scenario.
Some other possible instances of insider trading are as
follows:
A corporation either issues misleading information to the
public or omits stating information it is obligated to disclose.
When an insider tells a friend or ally some material, nonpublic information who uses it
to trades securities, a process called "tipping" which was the basis
of the Martha Stewart case.
General manipulation of stock prices by company insiders in
any of a number of ways.
General manipulative behavior by stockbrokers and other
securities sellers.
sec.gov
sedi.ca,
check on what insiders are doing with their own stock.
streetinsider.com
Regulation Fair Disclosure/ Reg FD
In
2000, the SEC enacted Regulation Fair Disclosure/ Reg FD which requires
companies to release important information to everybody at the same time, not
just to insiders first.
As
a result of this, companies are now releasing announcements on their websites
when they have important information. If
you are a shareholder, you are entitled to see this information. They are called webcasts. Go to sec.gov to learn more about Reg FD.
The
following websites are webcast intermediaries.
They show the announcements of a number of companies.
bestcalls.com
ccbn.com
Chapter 2. Investor Complaint Resources
Get Rid of Cold-Call Stockbrokers
If you get called by stockbrokers and other financial people
wanting you to invest your money with them, just tell them you’re a stockbroker
with Fidelity, Vanguard, etc. By law, a
stockbroker has to keep his or her account with the company they work for. Tell the telemarketer you’re not allowed to
invest with other companies.
Securities and Exchange Commission
(202) 942-7040
sec.gov
Investment Fraud Websites/ Stock Fraud
Websites
There
are a few investors recovery services around that specialize in getting money
back for investors ripped off by fraudulent investment professionals but
they’re far and few between. Your best
bet is to look for an investment or securities lawyer who sympathizes with your
case.
There are securities arbitration services for investors
seeking to recover stock market losses due to investment fraud or stock broker
misconduct.
bulldogresearch.com
nasaa.org stockloss.us.com, investment fraud lawyer,
specializing in stock loss and 401(k) hidden fees.
securities.state.ks.us/edu/promnote.pdf
ripoffreport.com
wallstreetinvestmentfraudlawyer.com/investor-education
theinvestorslawyer.com/common_broker_misconduct/
mark-knutson.com/ponzi/thescheme.html
securitieslaw.com, securities fraud and investor protection
information
fraudrecoverycenter.com investorsrecoveryservice.com
aarp.org/money/wise_consumer/investment_fraud
corp.ca.gov/saif/saif.htm
finra.org/investors/protectyourself/investoralerts/p116996
crimesofpersuasion.com
cybersecuritieslaw.com
ebroker.com/html/articles/regular/article_fraud.art
en.wikipedia.org/wiki/investment_fraud
fdn.com
financialfraud.info
financialweb.com/skdindex.asp
financialweb.com/stockdetective
forbes.com, look up investment fraud.
fraud.org
fraud.org/tips/internet/investment.htm
ftc.gov/reports/fraud/invest.shtm
investmentfraudinfo.com
investmentfraudlaw.com
investmentu.com
investoreducation.org, the investor's clearinghouse from the
alliance for investor education.
investorprotection.org
mutualfunds. dead website, try
dotdash.com, thebalance.com and thoughtco.com
/od/investmentfraud/investment_fraud.htm
nasaa.org/investor_awareness_quiz/index.cfm
newempirelounge.com/investmentfraud.html
pueblo.gsa.gov/cic_text/money/swindles/swindles.txt
quatloos.com/investment_fraud.htm
scambusters.com
scams.com
sec.gov/investor/pubs/cyberfraud.htm, internet fraud: how to
avoid internet investment scams.
securities.stanford.edu
securitiesfraud.org
sharesleuth.com
stockinvestmentfraud.com
stockinvestmentfraud.com
stocksinvesting.com
stockwatchers.com
usps.com/postalinspectors/fraud/invest.htm
Commodity
Futures Trading Commission
2033
K St., N.W.
Washington,
Dc 20581
202-254-6387
Cftc.gov
Federal
Bureau of Investigation
Justice
Department
9th
St. and Pennsylvania Ave., N.W.
Washington,
Dc 20535
202-234-3691
Fbi.gov
Federal
Trade Commission
6th
And Pennsylvania Ave. Nw
#130
Washington,
Dc 20580
202-523-3598
877-382-4357
Ftc.gov
Housing
And Urban Development Department
Interstate
Land Sales Registration
Hud
Building
451
7th St., S.W. Room 6262
Washington,
Dc 20410‑8000
202-755-0502
Hud.gov
National
Association of Securities Dealers
1735
K St., N.W.
Washington,
Dc 20006
202-728-8044
800-289-7999
800-289-9999
Nasd.com
Ask
for a Central Registration Depository Report/ Crd on a stockbroker.
Securities
And Exchange Commission
450
Fifth St., N.W.
Washington,
Dc 20006
202-728-8233
Sec.gov/Enforce/Comctr.Htm
Securities
Fraud Hotline
800-222-4724
United
States Postal Service
Chief
Postal Inspector
Room
3021
Washington,
Dc 20260‑2100
202-268-4267
usps.gov
postalinspectors.usps.gov
Investment Recovery Services
These businesses and organizations help people who were
ripped off in fraudulent stock investment schemes and some money-making scams
like Ponzi schemes.
investorsrecoveryservice.com, investors recovery service.
ifrn165.com, investment fraud recovery network, clearwater,
fl.
Complaints and Lawsuits Against Financial
Services Companies
You
can check out your brokerage firm and the person you're dealing with by
contacting one of the Sec's Public Reference Rooms, giving them the name of
your broker and asking for Form BD which is the firm's registration form.
The
way to avoid making complaints and filing lawsuits is to do all your research
yourself and don't listen to anyone.
That way, you won't risk them losing your money.
That
piece of paper full of fine print you sign when you put your money into their
care basically ties your hands. Once you
sign, they have the power to control your money.
If
you don't like what they do, you may have to accept the decision of an
arbitrator unless you take your complaint to a federal district court or insert
language into the original contract which protects your rights. Either way, the hassle can be enormous and
costly.
Even
though stockbrokers and brokerage houses are licensed and regulated, there are
many con artists and fly by nighters in the field. Check them out before you deal with them. Investigate them through your State
Securities Office, National Assn. of Securities Administrators and the Sec.
Stockbrokers
have many ways of getting extra money from you.
The most common problem is negligence whereby the stockbroker fails to
comply with an order.
Another
problem arises from a situation called churning. When a stockbroker churns your account, he
advises you to make a transaction which creates commissions for him instead of
profits for you.
A
broker could falsify the paperwork on your account to give you a higher asset
level than you're really worth to give you more leverage power.
Some
brokers steal outright from their clients.
Some
brokers claim to be licensed when they're not.
Finally
and in conjunction with churning, a stockbroker can misrepresent an investment
with his own interests in mind instead of yours.
If
you feel you have been cheated, don't just be intimidated and walk away. Demand answers from the broker and his
firm. Seek objective advice on how to
proceed.
Some
cases are hard to prove, for example, intentional fraud versus straight out
incompetence. Act immediately. Don't wait.
Keep all paperwork. Contact your
state securities office, the Nasd, Naasd and the Sec.
The
hierarchy of complaint escalation is:
Complain
to your broker.
Talk
to the broker's branch manager.
Write
to the compliance department at the firm's main office.
Send
a copy of your letter to your state securities office or to the Office of
Investor Education and Assistance at the Sec.
Call
the Office of Consumer Affairs at 202-942-7040, the Nasd and the Naasd.
Choose
to resolve your complaint through the courts or through binding
arbitration. Many brokerage houses have
a clause in their contracts when selling securities that require you to go
through arbitration to resolve a complaint rather than through the court
system.
The
Uniform Code gives investment customers the right to arbitrate their complaints
as long as you do it within six years of the alleged incident.
You
first type up your complaint and send it to the arbitration board of the self
regulating organization of your choice from the ones listed below. They investigate and if applicable, set up a
panel of from 1-3 neutral panelists to hear the case.
You're
allowed to bring a lawyer to represent your side of the case. There are two procedures, a small claims
procedure for under $10,000 which is called the Simplified Arbitration
Procedure and the other one for cases of over $10,000.
A
location is chosen and you sign a Submission Agreement which means that you
will abide by the decisions of the board.
The
arbitrators are supposed to be neutral people.
For a large case over $50,000, there may be two or more arbitrators
something like a mini-jury. This is good
to counteract the criticism that arbitrators in the past were bribed by the
brokerage companies being sued.
You
have to pay a filing fee to file the case.
The opposing party may file a counterclaim or may agree to settle
outright. If you don't like a certain
panelist, you can request that he be replaced.
The
pre-trial is conducted like a court case with each side offering the other side
its documents and other information for review.
During
the hearing, each side presents its case, offers witnesses, has the right of
cross examination and closing arguments.
After the hearing, the panelists discuss the case and within 30 days
mail a registered letter to both sides indicating their binding decision.
Any
monetary awards must be paid within 30 days.
Interest starts on them after that.
If the loser refuses to pay, go back to the board for disciplinary action.
ars-1.com
bbb.org
brokerarb.com
edgar-online.com
fdn.net
financialweb.com/stockdetective
fraud.org
ftc.gov,
federal trade commission.
insidetheweb.com,
due diligence board.
investoraid.com
investorprotection.org
mediations.com
nasaa.org
nasd.com
nasdr.com
scambusters.com
securities.stanford.edu,
securities class action clearing house.
sec.gov
sec.gov/consumer/b-alert.htm
stockdetective.com
American
Bar Association
Standing
Committee On Dispute Resolution
1800
M Street, N.W.
Washington,
D.C. 20036
202-331‑2258
Abanet.org/Publiced
Education
or referral to investment lawyer.
Investor
Protection Trust
190
N. Ft. Myer Dr.
#1012
Arlington,
Va 22209
Investorprotection.org
Video
about handling complaint with financial professional.
National
Association of Securities Dealers Inc.
National
Hq (Nasdaq)
1735
K St. Nw
Washington,
Dc 20006
202-728-8000
800-289-9999
800-289-7999
800-225-7720
Nasdaq.com
Nasdr.com
Checks
on the disciplinary history of a broker for you. They have 14 district offices. Also call your State Securities
Administration Office to check broker’s out.
They will also try to resolve your complaints regarding stocks and offer
a variety of publications.
Public
Investors Arbitration Bar Assn.
Norman,
Ok
888-621-7484
404-365-0150
Piaba.org
Will
recommend a lawyer for arbitration.
Arbitration Organizations
Many
brokerages have clauses in their contracts which say you can't sue them, that
you must take the case to some manner of binding arbitration.
brokerarb.com
sec.gov/consumer/arbproc/arb/toc.htm,
article about arbitration.
To
obtain further information, contact the Director of Arbitration at one of the
following Self Regulating Organizations:
American
Stock Exchange, Inc.
86
Trinity Pl.
Nyc
10006
212-306-1000
amex.com
Boston
Stock Exchange, Inc.
1
Boston Pl.
Boston,
Ma 02108
617-723-9500
Chicago
Stock Exchange
440
Lasalle St.
Chicago,
Il 60605
312-663-2222
Cincinnati
Stock Exchange, Inc.
205
Dixie Terminal Bldg.
Cincinnati,
Oh 45202
513-621-1410
Midwest
Stock Exchange, Inc.
400
Lasalle St.
Chicago,
Il 60605
312-663-2354
New
York Stock Exchange, Inc.
11
Wall St.
Nyc
10005
212-656-2772
nyse.com
Pacific
Stock Exchange
301
Pine St.
Sf,
Ca 94104
415-393-4000
Fax:
415-393-5964
Philadelphia
Stock Exchange
1900
Market St.
Philadelphia,
Pa 19103
215-496-5000
800-843-7459
Fax:
215-496-5653
phix.com
Some
general arbitration organizations are:
American
Arbitration Assn.
335
Madison Ave.
Nyc
10017-4605
212-716-5870
Fax:
212-716-5905
800-778-7879
Fax:
877-Info-Aaa
Adr.org
National
headquarters of this nonprofit organization with 37 regional offices.
Commodity
Futures Trading Commission
Office
of Proceedings
1155
21st St. Nw
3
Lafayette Center
Washington,
Dc 20581
202-418-5250
Cftc.gov
Fee
to file depending on the amount you're suing for.
Municipal
Securities Rulemaking Board
1150
18th St. Nw
#400
Washington,
Dc 20036
202-223-9347
National
Assn. of Securities Dealers, Inc.
33
Whitehall St.
Nyc
10004
212-858-4400
800-289-7999
nasd.com
nasdr.com
National
Assn. of
Securities
Dealers Arbitration
33
Whitehall St.
Nyc
10004
212-858-4400
800-289-9999
Nasdr.com/Pdf-Text/9890ntm.Txt
Free
Mediation Booklet.
National
Futures Assn.
200
W. Madison St.
#1600
Chicago,
Il 60606
800-572-9400
800-676-4nfa
Nfa.Futures.org
North
American Security Administrators Assn.
1
Massachusetts Ave.
#310
Washington,
Dc 20001
202-737-0900
888-846-2722
888-84nasaa
nasaa.org
Will
give you local referrals to check out stock brokers.
Public
Investors Arbitration Bar Assn.
Norman,
Ok
888-621-7484
404-365-0150
Piaba.org
Will
recommend a lawyer for arbitration.
Securities
Arbitration Commentator
Pob
112
Maplewood,
Nj 07040
201-761-5880
For
a low fee, they will tell you or your lawyer the records of several arbitrators
and the awards they gave so you can determine if the arbitrator is biased for
brokers or the investor and choose from there.
Will also give a referral for an arbitration lawyer.
Auditing Services to Audit Your Investment
Accounts
If
you think your investment account is being mismanaged, you can get an audit/
check up done for a fee from:
Green
Trak
60
E. 42nd St.
Nyc
10165
800-815-3434
Stockbroker
Analysis
576
14th Ave. S.
Naples,
Fl 34102
941-261-9106
$75
an hour.
Securities and Exchange Commission Info
The
U.S. Securities and Exchange Commission is a federal government regulation
agency that oversees the financial brokerage business. If you have any complaints and questions
about stocks and bonds, mutual funds, futures, options, etc., this is who you
contact.
They
have a variety of free booklets. Some
are as follows:
Invest Wisely: Advice From Your Securities Industry
Regulators.
Invest
Wisely: An Introduction To Mutual Funds.
Questions
You Should Ask About Your Investment.
iosco.org,
international organization of securities commissions for all the countries in
the world who have them.
law.uc.edu/ccl
law.uc.edu/ccl/34act/index.html,
securities lawyer’s deskbook, all the laws of the sec.
seclaw.com
worthnet.com/www/seczip/index.htm
sec.gov/rules/concindx.htm
sec.gov/edgar/searchedgar/webusers.htm, access to edgar
filings.
sec.gov/rules/finrindx.htm, sec final rules
secinfo.com
sec.gov/enforce/litig.htm, sec litigation releases.
sec.gov/rules/proposed.shtml, sec proposed rules.
seclaw.com/secrules.htm, sec rules and regulations.
sec.gov/interps/account.shtml, sec selected staff accounting
bulletins
U.S.
Securities and Exchange Commission
450
5th St. Nw
Washington,
Dc 20549
800-Sec-0330
202-272-2650
Fax:
202-942-9634
Help@Sec.gov
Sec.gov
Office
of Investor Education and Assistance
U.S.
Securities and Exchange Commission
Mail
Stop 11-2
450
5th St. Nw
Washington,
Dc 20549
Public
Reference Room
202-942-8090
202-942-8092
Ttd.
Information
Line
202-942-8088
Blank
Forms and Publications
202-942-4040
Regional
Offices
SEC Headquarters
450 Fifth Street, NW
Washington, DC 20549
(202) 942-7040
help@sec.gov
Northeast Regional Office
Securities and Exchange Commission
New York, NY 10048
(212) 748-8000
new york@sec.gov
Boston District Office
73 Tremont Street
#600
Boston, MA 02108-3912
(617) 424-5900
boston@sec.gov
Philadelphia District Office
The Curtis Center
#1120E
601 Walnut Street
Philadelphia, PA 19106-3322
(215) 597-3100
philadelphia@sec.gov
Southeast Regional Office
1401 Brickell Avenue
#200
Miami, FL 33131
(305) 536-4700
miami@sec.gov
Atlanta District Office
3475 Lenox Road, N.E.
#1000
Atlanta, GA 30326-1232
(404) 842-7600
atlanta@sec.gov
Midwest Regional Office
Citicorp Center
#1400
500 W Madison Street
Chicago, IL 60661-2511
(312) 353-7390
chicago@sec.gov
Central Regional Office
1801 California Street
#4800
Denver, CO 80202-2648
(303) 844-1000
denver@sec.gov
Fort Worth District Office
801 Cherry Street, 19th Floor
Fort Worth, TX 76102
(817) 978-3821
dfw@sec.gov
Salt Lake District Office
500 Key Bank Tower
#500
50 South Main Street
Salt Lake City, UT 84 144-0402
(801) 524-5796
saltlake@sec.gov
Pacific Regional Office
5670 Wilshire Boulevard, 11th Floor
Los Angeles, CA 90036-3648
(323) 965-3998
losangeles@sec.gov
San Francisco District Office
44 Montgomery Street
#1100
San Francisco, CA 94104
(415) 705-2500
sanfrancisco@sec.gov
Seattle
Office
915
2nd Ave.
3040
Jackson Federal Bldg.
Seattle,
Wa 98174
206-220-7500
State Securities Offices
Each
state has its own laws and regulations for securities brokers and all types of
securities, including stocks, mutual funds, commodities, real estate offerings,
uninsured investment products sold by banks and others.
The
officials and agencies listed below enforce these laws and regulations. Many of these offices can provide you with
information to help you make informed investment decisions.
State
securities agencies are also responsible for preventing fraud and abuse in the
sale of all but the largest securities offerings. If you have a question or complaint about an
investment you have made or are about to make, call the company or the bank
involved.
If
your complaint or question is not resolved, call the appropriate state
securities agency. If writing, preface
your letter with Securities Administration Office.
Alabama
770
Washington St.
#570
Montgomery,
Al 36130
334-242-2984
Fax:
334-242-0240
800-222-1253
Alaska
Pob
110807
Juneau,
Ak 99811
907-465-2521
Fax:
907-465-2549
Arizona
1300
W. Washington
3rd
Fl.
Phoenix,
Az 85007
602-542-4242
Fax:
602-594-7470
Cc.State.Az.Us
Arkansas
201
E. Markham
3rd
Fl.
Little
Rock, Ar 72201
501-324-9260
Fax:
501-324-9268
California
3700
Wilshire
#600
Los
Angeles, Ca 90010
213-736-2741
Fax:
213-736-2117
Corp.ca.gov
Colorado
1580
Lincoln
#420
Denver,
Co 80203
303-894-2320
Fax:
303-861-2126
Connecticut
260
Constitution Pla.
Hartford,
Ct 06103
800-831-7225
860-240-8299
Fax:
860-240-8178
State.Ct.Us
Delaware
State
Office Bldg.
820
N. French St.
8th
Fl.
Wilmington,
De 19801
302-577-2515
Fax:
302-655-0576
Dc
- City of Washington
717
14th St. Nw
Washington,
Dc 20005
202-626-5152
Fax:
202-393-1389
Florida
101
E. Gaines St.
Tallahassee,
Fl 32399
850-488-9805
Fax:
850-681-2428
800-372-8792
(800)
438‑5326
Georgia
2
Martin Luther King Jr. Dr.
#802,
W. Tower
Atlanta,
Ga 30334
404-656-2894
Fax:
404-657-8410
Hawaii
Pob
40
Honululu,
Hi 96810
808-586-2744
800-468-4644
Fax:
808-586-2740
Hawaii.gov/Dbedt
Idaho
Pob
83720
Boise,
Id 83720
888-346-3378
208-334-3684
Fax:
208-332-8098
State.Id.Us/Finance/Dof
Illinois
200
Lincoln Tower
520
S. 2nd St.
Springfield,
Il 62701
217-782-2256
800-628-7937
Sos.State.Il.Us
Indiana
302
W. Washington
#E-111
Indianapolis,
In 46204
317-232-6681
800-223-8791
Fax:
317-233-3675
Ai.org/Sos
Iowa
Lucas
State Office Bldg.
2nd
Fl.
Des
Moines, Ia 50319
515-281-4441
Fax:
515-281-6467
State.Ia.Us/Government/Com/Ins/Security
Kansas
618
S. Kansas Ave.
2nd
Fl.
Topeka,
Ks 66603
913-296-3307
800-232-9580
Fax:
913-296-6872
Cjnetworks.com/~Ksecom
Kentucky
477
Versailles Rd.
Frankfort,
Ky 40601
800-223-2579
502-573-3390
Fax:
502-573-8787
Dfi.State.Ky.Us
Louisiana
8660
United Plaza Blvd.
2nd
Fl.
Baton
Rouge, La 70809
504-925-4512
Maine
121
State House Sta.
Augusta,
Me 04333
207-624-8551
Fax:
207-624-8590
Maryland
200
St. Paul Pl.
20th
Fl.
Baltimore,
Md 21202
410-576-6360
Fax:
410-576-6532
Massachusetts
1
Ashburton Pl.
#1701
Boston,
Ma 02108
617-727-3548
800-269-5428
Fax:
617-248-0177
Michigan
Pob
222
Lansing,
Mi 48909
517-334-6212
Fax:
517-334-6155
Cis.State.Mi.Us/Corp
Minnesota
133
E. 7th St.
St.
Paul, Mn 55101
612-296-4026
Fax:
612-296-4328
800-657-3602
Mississippi
Pob
136
Jackson,
Ms 39205/
202
N. Congress St.
#601
Jackson,
Ms 39201
601-359-6371
Fax:
601-359-2894
Missouri
Pob
1276
Jefferson
City, Mo 65102
573-751-4136
800-721-7996
Fax:
573-526-3124
Mose.Sos.State.Mo.Us
Montana
Pob
4009
Helena,
Mt 59604
406-444-2040
Fax:
406-444-3497
800-332-6148
Nebraska
Pob
95006
Lincoln
Ne 68509
402-471-3445
Ndof.org
Nevada
555
E. Washington Ave.
#5200
Lv,
Nv 89101
702-486-2440
Fax:
702-486-2452
(800)
758‑6440
New
Hampshire
204
State House
Concord,
Nh 03301
603-271-1463
Fax; 603-271-7933
New
Jersey
Pob
47029
Newark,
Nj 07101
201-504-3600
Fax:
201-504-3601
New
Mexico
725
St. Michaels Dr.
Santa
Fe, Nm 87501
505-827-7140
Fax:
984-0617
New
York
120
Broadway
23rd
Fl.
Nyc
10271
212-416-8200
Fax:
212-416-8816
North
Carolina
300
N. Salisbury St.
#100
Raleigh,
Nc 27603
919-733-3924
Fax:
919-821-0818
800-688-4507
State.Nc.Us/Secstate
North
Dakota
600
East Blvd.
Bismarck,
Nd 58505
701-224-2910
800-297-5124
Fax:
701-255-3113
Ohio
77
S. High St.
22nd
Fl.
Columbus,
Oh 43215
614-644-7381
Fax:
614-466-3316
Securities.State.Oh.Us
Oklahoma
1st
National Center
120
N. Robinson
#860
Oklahoma
City, 73102
405-235-0230
Fax:
405-280-7742
Lklaoss.State.Ok.Us/~Osc
Oregon
350
Winter St. Ne
#21
Salem,
Or 97310
503-378-4387
Fax: 503-378-4178
Cbs.Or.Us/External/Dfcs
Pennsylvania
Eastgate
Bldg.
1010
N. 7th St.
2nd
Fl.
Harrisburg,
Pa 17102
717-787-8061
(800)
654‑5984
800-600-0007
Fax:
717-783-5122
Rhode
Island
233
Richmond St.
#232
Providence,
Ri 02903
401-277-3048
Fax:
401-273-5202
South
Carolina
1000
Assembly St.
Columbia,
Sc 29201
803-734-9916
800-734-1087
Fax:
803-734-2164
South
Dakota
118
W. Capitol Ave.
Pierre,
Sd 57501
605-773-4823
Fax: 605-773-5953
Tennessee
680
Davy Crockett Tower
500
J. Robertson Pkwy.
Nashville,
Tn 37243
615-741-2947
800-863-9117
Fax:
615-532-8375
Texas
Pob
13167
Austin,
Tx 78711
512-305-8300
Fax:
512-305-8310
Ssb.State.Tx.Us
Utah
Pob
146760
Salt
Lake City, Ut 84114
801-530-6600
800-721-Safe
Fax;
801-530-6600
Commerce.State.Ut.Us
Vermont
89
Main St.
Drawer
20
Montpelier,
Vt 05620
802-828-3420
Fax:
802-828-2896
State.Vt.Us/Bis
Virginia
Pob
1197
Richmond,
Va 23218
804-371-9051
800-552-7945
Fax:
804-371-9911
State.Va.Us/Scc
Washington
Pob
9033
Olympia,
Wa 98507
360-902-8760
Fax:
360-586-5068
800-372-8303
Wa.gov/Dfi/Securities
West
Virginia
1900
Kanawha Blvd. E.
#118
W.
Charleston,
Wv 25305
304-558-2257
Fax:
304-344-2229
Wisconsin
Pob
1768
Madison,
Wi 53702
608-266-3431
800-47-Check
Fax:
608-256-1259
Badger.State.Wi.Us/Agencies/Dfi
Wyoming
State
Capitol Bldg.
Cheyenne,
Wy 82002
307-777-7370
Fax:
307-777-5339
Soswy.State.Wy.Us
Puerto
Rico
600
Centro Europa Bldg.
1492
Ponce De Leon Ave.
San
Juan, Pr 00907
787-723-3131
Fax:
787-723-4042
Securities Law Websites
sec.gov/complaints.html, 202 942 7040
seclaw.com
securities.stanford.edu, securities class action
clearinghouse.
corporatecrimereporter.com, corporate crime reporter, legal
newsletter on corporate prosecutions
sipc.org, securities investor protection corporation: pays
if brokerage fails
law.uc.edu/ccl/34forms/index.html, free securities forms
from the securities lawyer's deskbook.
msrb.org, municipal securities rulemaking board.
securities.stanford.edu, securities class action
clearinghouse.
law.uc.edu/ccl/index.html, securities lawyer's deskbook
law.uc.edu/ccl/xyz/sldtoc.html, securities lawyer's deskbook
nasd.com
nasdr.com, nasd regulation-code of arbitration.
finra.org/investors/index.htm, financial industry regulatory
authority, investor information including background checks on brokers and
brokerage firms
securities.stanford.edu, securities class action
clearinghouse
securitieslaw.com, securities fraud and investor protection
siaonline.org, securities industry association.
Securities Fraud Lawyers/ Investment Fraud Lawyers
Investment fraud lawyers occasionally represent the white
collar criminals but more and more, they are taking on cases of investors who have
been swindled by unscrupulous money managers, brokers, etc. If you feel your financial services analyst
ripped you off somehow, don’t be shy about going to an investment fraud lawyer.
investmentfraudlawyers.com
investmentfraudlaw.com
attorneysforinvestors.com
crosbyhiggins.com, new york corporate litigation.
dicarlolaw.com
financialfraud.info
investmentfraudattorney.com
investmentfraudlawyerblog.com, atlanta, ga.
investorsrecoveryservice.com, investors recovery service.
stockloss.us.com, investment fraud lawyer, specializing in
stock loss and 401(k) hidden fees.
securitiesarbitrations.com
securitiesfraud.org
stockbrokerfraud.com
stockbrokerfraud.com, investment fraud lawyer, securities
arbitration lawyer.
stockfraudusa.com
stockinvestmentfraud.com, lawyer referrals.
stockmarketloss.com, ohio securities fraud lawyer.
stumppbond.com
wallstreetfraud.com
zamansky.com
brokerfraudattorneys.us
Chapter 3. Crime in the Workplace
Commercial Crime/ White Collar Crime
Financial Crime is any white collar crime where somebody
steals money by shuffling papers and computer bytes around. Money laundering, computer theft, forgery and
ambezzlement are quite popular.
Commercial
criminals, corporate raiders could be either or all of the following in a
publicly traded corporation; CEO, executives, shareholders with 5+ % of the
shares, new CEO brought in to restructure the company, large investment
companies, money manager of mutual fund, retirement fund, etc., anyone that has
a large stake in the corporation.
Basically,
the trend is that one or several of the players get together and decide that
the particular corporation is a cash cow ripe for the pickings.
It
could be a corporation that's doing great or a fledging one, it doesn't really
matter. What matters is that the players
can manipulate the situation such that stock rises in the short term very
quickly, within 18 months then they cash
in their stocks/ stock options, make their killing and get out either leaving a
bankrupt company, merged company or company that basically exists on paper and
is dead in the water.
Typically,
one of the players such as a new CEO will try to get hype in the media by
quickly firing a bunch of employees, selling off some divisions, moving some of
the operations to Mexico, creating new product lines, etc., in an effort to
give off the impression that they're restructuring and getting aggressive so
that the stock value rises but the poiint is that all they care about is the
value of the stock not about the growth of the corporation itself such that
they're basically plundering the corporation, taking their profit and getting
out.
Watch
out for hype about corporate restructuring or a merger. It may be a good thing but it may be just a
short term gain before the stock crashes.
In any event, although good for the guys at the top, corporate raiding
is deadly for the employees and other people involved with the corporation.
Nowadays,
you got a host of companies being found out for shoddy accounting practices and
all kinds of other indiscretions. The
truth is that these commercial crimes generally steal way more than your
average bank heist but up until recently the penalties have been far less.
I
hope the government holds true to its promise to throw all people in the
financial investing industry and corporate executives who steal/ extort money
in jail for a long, long time, at least ten years, to get the message out that
you don't mess with other people's money regardless of where it is, either a
corner store hold-up or the guy in the office messing with the computer.
Money
in fines is not enough punishment because there’s no incentive not to do it
again if the punishment is just money and the risk of getting caught is still
relatively low.
Major
media doesn’t like to cover commercial crime in their news reports because
they’re kinfolk with these corporate criminals.
They’d rather do a story on the poor black guy who stole a car then went
on a rampage in a police chase.
Collusion
is a dirty little secret of Wall Street.
The boys in the backroom are all scratching each other’s backs, even the
media guys are hanging out with CEOs and reporting favorably on their companies
in return for a favor.
There
are even politicians “owned” by Wall Street.
They vote on bills for Wall Street over more protection for the people.
Beyond
collusion, creative accounting to puff up the company’s book is big. I read a book by Arthur Levitt, a former SEC
Chairman, who detailed a lot of these techniques.
If
a CEO gets to pick his own board of directors then they’re all in bed
together. In order to run an ethical
company, the CEO must be independent from the board. They should feel free to oppose him. They should be independent in order to watch
each other for possible wrong doing or poor work in general.
We
need more ethical journalists covering corporate crime and more police
investigators on the trail of corporate crime.
Commercial crimes also span:
Environmental
crimes.
Occupational
health and safety.
Deceptive
advertising.
Misrepresenting
the product.
Fraud
in the product like selling a concoction as pure orange juice.
Consumer
safety issues.
Making
deals with politicians for favor.
Bribing
government officials to look the other way like inspectors.
Price
fixing.
Monopolizing
the market.
Healthcare
companies denying claims unjustly.
Insurance
companies denying claims unjustly.
Fraudulent
bankruptcy.
Beyond
actual crimes, the corporations employ many lobbyists in grey areas to preserve
their interests not to mention how much money they contribute to “friendly”
politicians. They also use other
questionable tactics like:
Silence
opposing big mouths by any means possible.
Set
up front groups to advance their interests while posing as concerned citizens.
Get
rid of aggressive, ethical journalists through the buddy network between
corporations.
Corporations
own the media so they can report what they want.
The
current “successful” journalists hosting their own shows are the pro-corporate
mouthpieces who openly support the corporatization of the world.
Libel
laws make it tough for ethical people to want to report something lest they be
sued. Even if it’s the truth, they’re
still sued and end up wasting away in court.
Are
the superstores that open in some areas doing the right thing by trashing all
the mom and pop businesses by their presence?
Those
with the power reward those who serve it and trash those who undermine it even
when the latter are ethically right.
Corporations
now have their logos plastered in some museums for giving them endorsements.
Several
years ago I didn’t know why all those people were protesting whenever there was
a meeting of world leaders anywhere.
It’s
because at heart, the political and corporate forces of the world want to make
everything into one big homogenous corporate country, the New World Order,
controlled by them and whatever they say goes.
We
the little guys either get in line and play the game or be branded as outsiders
who can’t earn a living because we’re not part of this system. Maybe it sounds far-fetched but this is the
direction the corporate-political world is going.
If you know someone you don't like who's systematically and
substantially evading taxes, you can claim a reward by turning them in. Section 7623 of the IRS Code authorizes a
reward for turning anyone in who violates federal tax law.
You have to fill in Form 211 and use your real name to claim it. Mail the completed form to Informant's Claim
Examiner at the nearest IRS Office to where you live.
The IRS says they'll keep your name confidential such that the person
you turned in will never find out it was you who did it.
Rewards are based on the value of the information given and the amount
recovered. There are three different
scales, generally 1, 5 and 10% of the first $75,000 recovered plus lower
percentages for more up to $100,000.
Send a letter to:
Criminal Investigative Division
Irs
Washington, Dc 20224
irs.gov
The book Conspiracy of Fools is the story of the fiasco of
the corporation Enron.
The Sarbanes-Oxley Act of 2002 has given the SEC (sec.gov)
more powers in dealing with corporate executives in publicly traded
organizations.
Books
about commercial crime are at #364.160-169 or HV6691 to HV6769 at the library.
White Collar Crime Websites
fincen.gov, fincen (financial crimes enforcement
network)
stopfraud.gov, the financial fraud enforcement task force,
hold accountable those who helped bring about the last financial crisis and to
prevent another crisis
securities.stanford.edu/companies.html, stanford securities
class action clearinghouse; case index of companies facing federal securities
class actions.
fightingforyou.com,
lawyer, helping victims of corporations get the retribution and justice they
deserve.
corporatecrimereporter.com
corpwatch.org, corp watch, holding corporationa accountable
fbi.gov/publications, look up financial crime.
treas.gov/fincen, financial crimes enforcement network,
fincen.
sec.gov/consumer/cyberfr.htm, on-line investment fraud
prevention from the sec
dtex-investigative.com/issue.htm,
d/tex investigative consulting is dedicated to investigating and recovering
losses for victims of fraud, embezzlement and white collar crime.
ethicscheck.com,
do a background check on people or have your financial records audited.
corporatenarc.com
sec.gov/divisions/enforce/claims.htm, investors claims
funds, lists the cases in which the sec has recovered money for investors
through its enforcement actions.
ethicscheck.com,
do a background check on people or have your financial records audited.
corporatenarc.com
sec.gov/divisions/enforce/claims.htm, investors claims
funds, lists the cases in which the sec has recovered money for investors
through its enforcement actions.
occ.treas.gov/enforce/enf_search.htm, occ enforcement
actions
usa.gov/citizen/topics/money_taxes.shtml
stopcorporateabuse.org
americangreed.cnbc.com
whitecollarfraud.com
8009endfraud.com,
800 9 end fraud, law office, refers to fraud of government contracts.
adbusters.org, 800-663-1243
cfenet.com, certified fraud examiners.
corporatepredators.org
corpwatch.org
culturejam.com, culturejam.org
essential.org
essential.org/monitor
fbi.gov
financialweb.com/stockdetective
fletc.gov, federal law enforcement training center,
georgia. runs the financial fraud
institute for government agents.
ftc.gov
fugitive.org/crimeprevention/white/whitecollarcrime
multinationalmonitor.org, watch corporations.
nasdr.com,
800 289 9999, national assn. of securities dealers, check to see if a broker
was ever disciplined.
opensecrets.org,
politics.
sec.gov
sec.gov/litigation/complaints
securities.stanford.edu,
database of all federal class action securities fraud lawsuits.
usdoj.gov
Financial Crimes Enforcement Network
Dept. of Treasury
800-Sos-Buck
703-905-6096
ustreas.gov/fincen
International Association of Financial Crimes Investigators
415-884-6600
iafct.org
National
Assn. of Securities Dealers
800-289-9999
301-590-6500
nasdr.com
Free
disciplinary report on licensed investment brokers.
National Business Crime
Information Hotline
800-241-5689
If you know someone commiting any type of crime in business and you
want to get them in trouble, give an anonymous report at this phone
number. The authorities will not arrest
anybody immediately but investigate the situation.
National Finance Adjusters
410-728-2400
nfa.org
National
Financial Fraud Exchange
Reston,
Va
800-822-0416
They
will check up on an advisor for you for a fee of about $50 from their
database. They don't cover insurance
agents.
National White Collar Crime Center
804-323-3563
nw3c.org
usdoj.gov
SEC
Division of Enforcement
202-942-4000
202-942-4542
202-942-8090, check on licensing status of stockbroker.
sec.gov
Report insider trading and other crimes.
Securities Information Center
617-345-4900
secic.com
Database of forged, counterfeit, lost and stolen
securities. Used by investment
investigators, not directly available to the public as far as I know although
you can make a request through an investigator.
Time Finance Adjusters
800-874-0510
tfaguide.com
Chapter 4. Whistleblow/ Tell on the Bad Guys
at Work
Whistleblower Info
If
you see something being done on the job that’s morally wrong, you should report
it to the police. There are laws in
place saying that whistleblowers can’t be fired for whistleblowing.
On
a bad side, even though there are whistleblower laws in place to protect people
who expose wrongdoing, laws can’t dictate the way they’ll be blackballed and
shunned even if they keep their jobs.
Who
wants to work in a place where everybody hates them or at least avoids them
because they have been stigmatized as a big mouth, tattle-tailer, whistle
blower?
I
acknowledge that it’s not easy to do the right thing in some circumstances
especially if it’s where you work but your conscience should be your guide
throughout life, even if the cost is high.
I
recently saw some FDA whistleblowers say they had to do the right thing by
exposing drug test cover-ups because they had to live with themselves.
If you have a case against somebody with
facts, not lies and you want publicity, make a video and put it on
youtube.com. If it’s good, the
mainstream media will pick it up and interview you.
angelfire.com/nj/jhgraf/anid.html,
a personal account about american government conspiracies by a whistleblower.
answers.com/topic/whistleblower
asacon.com/oalj/libwhist.htm, whistleblower law library.
bbc.co.uk/consumer/tv_and_radio/whistleblower/index.shtml,
a programme which investigates anti-social or criminal practices in
organisations
dol.gov/compliance/topics/whistleblower.htm,
labor.
employeeissues.com/whistleblower.htm
en.wikipedia.org/wiki/allen_jones_whistleblower,
pharmaceutical industry.
en.wikipedia.org/wiki/anthony_russo_whistleblower,
pentagon papers.
en.wikipedia.org/wiki/david_graham_whistleblower,
fda whistleblower.
en.wikipedia.org/wiki/national_security_whistleblowers_coalition
en.wikipedia.org/wiki/whistleblower
en.wikipedia.org/wiki/whistleblower_magazine
jeffreywigand.com,
tobacco whistleblower.
oalj.dol.gov/libwhist.htm,
oalj law library
osc.gov/wbdisc.htm,
u.s. office of special counsel.
osha.gov/dep/oia/whistleblower,
health and safety.
whistleblower.org
whistleblower.org,
government accountability project.
whistleblower.ucsf.edu
whistleblowerlaws.com
whistle-blower-net.com
whistleblower-net.de,
germany.
whistleblowers.org,
national whistleblower center.
Some Whistleblower/ Crime Phone Numbers in
the Federal Government
fic.info.gov, government telephone book.
fbi.gov/contact/fo/fo.htm#cities, federal bureau of
investigation
usdoj.gov/dea/contactinfo, drug enforcement agency.
Army Whistleblower Hotline
800-752-9747
Army Whistleblower Hotline
800-424-9098
Report fraud and corruption by contractors.
Bureau of Alcohol, Tobacco, Firearms, and Explosives
888-atf-tips, general tips
888-atf-fiire, arson hotline
888-atf-bomb, bomb hotline
800-atf-guns, guns
800-659-6242, stolen, hijacked or seized cigarettes
800-800-3855, suspicious people buying fertilizer
Department of Homeland Security
Federal Computer Incident Hotline
(888) 282-0870
ready.gov
Federal Bureau of Investigation
Whistleblower Hotline
800-869-4499
fbi.gov/contact/fo/fo.htm#cities
Federal Emergency
Management Agency
Fraud Hotline
800-323-8603
fema.gov
Federal Trade Commission
Consumer Fraud Complaints
877-FTC-HELP
877-ID-THEFT, Identity Theft Hotline
ftc.gov
Internal Revenue Service
Criminal Investigations
800-829-0433
irs.gov
Call when you suspect a violation of the tax code. You’re eligible for a reward in some cases.
Navy Whistleblower Hotline
800-522-3451
Taxpayer Complaint
Hotline Number
800 audtime
irs.gov
Complain about the Irs.
Transportation Security Agency
Security Concerns
(866) 289-9673
U.S. Customs
800-BE-ALERT
cbp.gov
Drug Smuggling Hotline.
U.S. Marshals Service
Fugitive Tip Hotline
800-336-0102
Whistleblower Hotline
Department of Agriculture
800-424-9121
usda.gov
Whistleblower Hotline
Dept of Commerce
800-424-5197
doc.gov
Whistleblower Hotline
Dept. of Education
800-647-8733
ed.gov
Whistleblower Hotline
Department of Energy
800-541-1625
doe.gov
Whistleblower Hotline
Department of the Interior
800-424-5081
doi.gov
Whistleblower Hotline
Department of Justice
800-869-4466
usdoj.gov
Whistleblower Hotline
Department of Labor
800-347-3756
dol.gov
Whistleblower Hotline
State Dept.
202-647-3320
state.gov
Whistleblower Hotline
Department of Transportation
800-424-9071
dot.gov
Whistleblower Hotline
Department of the Treasury
Internal Revenue Service
800-359-3898
ustreas.gov
IRS Whistleblower Reward Service
If
you know someone you don't like who's systematically and substantiaslly evading
taxes, you can claim a reward by turning them in. Section 7623 of the IRS Code authorizes a
reward for turning anyone in who violates federal tax law.
You
have to fill in Form 211 and use your real name to claim it. Mail the completed form to Informant's Claim
Examiner at the nearest IRS Office to where you live.
The
IRS says they will keep your name confidential such that the person you turned
in will never find out it was you who did it.
Rewards
are based on the value of the information given and the amount recovered. There are three different scales, generally
1, 5 and 10% of the first $75,000 recovered plus lower percentages for more, up
to $100,000.
Refer
to Section 7623 of the IRS Code and fill out Form 211.
Criminal
Investigative Division
Irs
Washington,
Dc 20224
202-622-3200
Irs.gov
Irs
Internal Security
202-622-4610
Watches
over unscrupulous employees.
Whistleblower Lawyers
employmentlawgroup.net,
based in washington d.c.
fraudhotline.com,
law firm, providing representation for qui tam whistleblower actions under the
false claims act.
lawyers.com
qui-tam-attorney.com,
new york city firm, focusing on whistleblower or qui tam cases under the false
claims act.
warrenbensonlaw.com,
san diego firm emphasizing whistleblower cases.
whistleblower.info,
whistleblower law protection act, loevy and loevy, the law firm dedicated to
protecting the rights of fraud whistleblowers.
whistleblower.labovick.com,
whistleblower lawyer and attorney labovick law firm, florida
whistleblower.lawyersandsettlements.com,
whistleblower lawyers, articles, resources, news, forum and stories.
whistleblowerlawyerblog.com
whistleblower-lawyer-referral.com
yourlawyer.com,
qui tam whistleblower law.
whistlebloweraid.com
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