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Leigh Davis-Schmidt Securities Examiner. Utah Division of Securities Mission:.
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Leigh Davis-Schmidt Securities Examiner
Utah Division of Securities Mission: The Securities Division enhances Utah’s business climate by protecting Utah’s investors through education, enforcement and fair regulation of Utah’s investment industry while fostering opportunities for capital formation.
Register Securities License Investment Professionals Conduct Compliance Examinations Educate Investors Investigate Investor Complaints Enforce State Securities Laws Administrative & Civil Actions Criminal Filings How Do We Accomplish This?
Ponzi Schemes Unlicensed Individuals Selling Securities Unregistered Investment Products Promissory Notes Senior Investment Fraud High-Yield Investment Schemes Internet Fraud Affinity Fraud Variable Annuity Sales Practices Unscrupulous Brokers
EVERYONE IS A TARGET! Why Is This Important To You?
Promise High Rates of Return, Little or No Risk Use Money From New Investors to Pay Earlier Investors Typically No Legitimate Business Revenue Example: 12 Daily Pro Ponzi Schemes
Lured by High Commissions Anyone Selling Securities Must Be Licensed - No License, No Sale Unlicensed Individuals
Bypass Stringent State Registration & Disclosure Requirements Securities – Not Just Stocks & Bonds Investment Contracts Promissory Notes Viatical Settlements Promise High Returns, Little or No Risk Unregistered Investment Products
Typically Issued by Little Known or Non-Existent Companies Promise High Returns, Little or No Risk Insurance Agents Often Targeted to Promote These Notes Example: Beverly Hills Dev. Corp. Promissory Notes
10% Per Annum ForeignCurrency Investor’s Name
Often Claim to be “Senior Specialists” Certified Elder Planning Specialists (The National Registry of Elder Planning Advisors) Senior Benefit Centers Network Senior Financial Survival Workshop Certified Senior Advisors Sundance Public Relations Ghost Written Books – Alligator Proofing Your Estate Newsletters & Brochures – Senior Times Senior Investment Fraud
Promise Double or Triple-Digit Returns Through Access to “Risk Free Guaranteed High-Yield Instruments” Prime Bank Schemes Access to Investment Portfolios of the World’s Elite Banks “Secret Off-Shore Trading Programs” High-Yield Investment Schemes
Not A Solicitation IMF Sponsored High Yield Investment Program $600 Billion In 10 Days
665% In 12 Months Secret Currency Beyond Reach of Government Used By World’s Wealthy
E-mail, Web Sites, Instant Messaging, Chat Rooms (Hidden Identities) $122 Million in Losses in 2002 More Than 125,000 Victims and Over $100 Million in Losses in 2003 Very Little Money is Ever Recovered Internet Fraud
“I am also a member of (insert your religious, ethnic, professional or community-based organization)” Same “deal” was made with a prominent leader of your organization – “name dropping” Example: TooeleCommunity Affinity Fraud
High Surrender Charges Higher Costs than Alternative Investments Benefits Cost Extra Steep Sales Commission Paid to Agents Long-Term Investment (10 Years or More) May Be Unsuitable for Many Retirees Variable Annuity Sales Practices
Annuity University • Use Introductory Seminars • Offer Free Meal • “Probe, Then Disturb, Then Enhance The Problem” Wall Street Journal July 2, 2002
Annuity University • “You’re there to solve their problems, but you have to create those problems first – No Problem, No Sale” • “Tell them you can protect their life savings from nursing-home and Medicare seizure of assets. They don’t know what that is, but it sounds scary…it’s about putting a pitchfork in their chest.” • “Show them their finances are all screwed up so that they think Oh, no! I’ve done it all wrong – this will make you money” Wall Street Journal July 2, 2002
Unsuitable Investment Recommendations Excessive Trading in Client Accounts Unauthorized Trading Guaranteeing Clients Against Loss Borrowing Money From Clients Example: Christofferson Unscrupulous Brokers
Promise of High Returns Promise of Little or No Risk Prey on Investors’ Trust Investors Don’t Ask Questions Common Threads
Flatter Factor Romantic Interest Too Trusting Afraid to Confront or Question Examples: Scharbach Simper Deussen Women-Specific Issues
Ask Questions – Be An Informed Investor Check Out Strangers Touting Strange Deals Watch Out For Salespeople Who Prey On Your Fears Try To Rush Your Decision Don’t Be Afraid To Hang Up The Phone Don’t Put All Of Your Eggs In One Basket Monitor Your Investments - Always Stay In Charge Of Your Money
Get Everything In Writing And Keep A Copy Of All Documents Risk No More Than You Can Afford To Lose If You Don’t Understand The Investment - Avoid It!!! Report Misconduct, Fraud Or Abuse To The Division Pass This Information On To Your Family, Your Friends, And Others
REMEMBER: Investigate EVERYTHING Before You Invest
Utah Division of Securities1-800-721-SAFE (7233)(801) 530-6600www.securities.utah.gov