Posts belonging to Category A General Overview



Financial Advisers Owe Special Duties to Clients with Diminished Mental Capacity

 

Investment advisers face legal liability if they fail to exercise special care in dealing with clients who have diminished mental capacity, such as those with Alzheimer’s disease. They need to have reasonable procedures in place to deal with it, and they need to document every step in the process of implementing such a plan in […]

Concerns Over Unauthorized Trading Increase

 

The Securities and Exchange Commission has issued an alert warning firms about their supervisory obligations with regard to unauthorized trading by brokers and advisors in customers’ accounts. The SEC’s alert provides guidance to firms in preventing and detecting unauthorized trading. InvestmentNews calls the SEC’s alert a “scoundrel alert” (“Scoundrel alert: SEC warns firms about policing […]

Securities Regulators Set High Standards for Firms Selling Complex Investments

 

The Financial Industry Regulatory Authority has issued a Regulatory Notice (12-03, Jan. 2012) to “remind” its member firms of their sales practice obligations with regard to complex products, and to provide them “guidance” in exercising heightened scrutiny and supervision over marketing and sales of complex products. Complex products are not defined in the Notice, but […]

Survey – Financial Service Professionals Less Trusted Than Car Salesmen

 

The declining public trust in the financial services industry confirms the serious problems permeating the industry. A recent survey by the public relations firm Edelman revealed that more than half of the educated public distrusts firms in the financial services sector, making it the nation’s least-trusted sector for the second year in a row (See […]

‘Serious Fraud’ Exists in Hedge Fund Market

 

The Securities and Exchange Commission has implemented a strategy of using computer analyses to identify hedge funds and other firms whose claimed investment performance figures warrant special scrutiny for possible fraud. Working on the theory that, if the performance seems too good to be true, maybe it is, the SEC has commenced lawsuits and investigations […]

Expert Contends that Brokerage Firms are Failing to Satisfy their Due Diligence Obligations.

 

Broker-dealers that sold billions of dollars in fraudulent private placements, such as Medical Capital and Provident Royalties notes, “failed massively in their due diligence responsibilities to investors” according to Gordon Yale, a CPA and expert witness in securities fraud cases. (See “Private-placement due diligence ‘sloppy,’” Investment News). They grossly misrepresented investigations into the investments and […]

‘Selling Away’ Abuses Are Costing Investors Millions

 

Brokers often pitch alternative investments when the stock market is declining and returns on traditionally safe investments are too low. A few alternative investments may have some merit. Many more are flawed, bad and ugly in that they provide investors little more than uncompensated high risk. Then there are those that cross the line into […]

Wall Street Recommendations Defy Logic and Common Sense

 

Robert Powell’s MarketWatch article entitled “Things are bad, but analysts can’t say sell” underscores how unreliable Wall Street’s recommendations are. Wall Street’s lack of credibility continues to undermine confidence in our financial markets. One reason for that lack of credibility is dishonest recommendations. Many Wall Street insiders have long recognized that “Hold” means “Sell” in […]

Market Turmoil Expected to Precipitate an Avalanche of Suitability Claims

 

Just as a low tide near the seashore can reveal shipwrecks, a falling stock market often reveals misconduct by investment advisers. This is particularly true with respect to an investment adviser’s duty to recommend only investments to a customer that are suitable in light of the customer’s investment objectives, status in life and risk tolerance. […]

Are Brokerage Firms Really the Trusted Financial Advisers that Their Advertisements Claim that They Are?

 

Expecting licensed professionals who provide investment advice to act in their clients’ best interests “should be a basic tenet of the business,” but brokerage firms and their brokers don’t want that fiduciary yoke, says Karen Blumenthal in her InvestmentNews article, “When Your Adviser Can’t Be Trusted.” Moreover, they don’t want the public to know that […]