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Fraudulent Practices in the Sale of Indexed Annuities
Securities Lawyers | 2010/09/22 10:23

If approached by your broker (or financial advisor or insurance agent) to purchase an indexed annuity there are some things an investor should consider.  First, an indexed annuity (also known as, equity-indexed annuity or fixed indexed annuity) is a fixed annuity, either immediate or deferred, that earns interest or provides benefits that are often linked to an equity or stock market index.  In 2008, the National Association of Insurance Commissioners (NAIC), an association of state insurance regulatory officials, issued a buyers guide to indexed annuities, which provides educational information on indexed annuties.  Did your broker provide you with one?  The Financial Industry Regulatory Authority (FINRA) also published an investor alert on indexed annuities.

Unscrupulous brokers take advantage of naïve, unsuspecting investors, especially seniors, and heavily pitch purchases into indexed annuities.  Often they will tout indexed annuities as being better than bank CDs and will convince investors to liquidate their CDs to buy an indexed annuity.  Investors with variable annuities are often approached by a broker to buy indexed annuities, touting them as being safer than then variable annuity, which has investment choices whose principal can be subject to market volatility.  Did the broker recommend you to consider moving money into the fixed account of the variable annuity?  If not, the broker is probably only motivated to earn a commission which can be as high as 5%.  Another fraudulent tactic is to entice an investor with an “upfront bonus” to buy an indexed annuity but what a devious broker may not tell you is that often you would have to annuitize the annuity in order to take advantage of the bonus benefit – it’s not free money, there’s a cost to every benefit in an annuity.  Other brokers may convince you that the annuity they sold you earlier is now out-of-date and try to sell you another annuity claiming to have “better and more features.”



Penny Stock Risks – Caveat Emptor
Legal Marketing | 2010/09/22 10:22
The securities industry has tough rules when it comes to brokers soliciting the purchase of “penny stocks.”  Typically a stock is considered a “penny stock” when it trades for less than $5 a share and it does not trade on a major exchange (e.g., New York Stock Exchange or NASDAQ). 

Penny stocks normally trade on the OTC Bulletin Board (OTCBB) or Pink Sheets.  Aside from the requirements, among others, that soliciting brokers have to supply investors with a document disclosing the risks associated with penny stocks and wait, in some cases, 2 days after providing the disclosure document before placing your first order (i.e., “speed bump”), there are actual disclosure ratings assigned to each penny stock.  A market center called OTC Markets places penny stocks into different disclosure categories based on things from whether or not the company is current on its financial reporting to whether the stock is the subject of fraud or stock promotion. 

Your broker and his brokerage firm and clearing firm have access to this information and so do you.  There are over 13,000 stocks having either the label of “Caveat Emptor,” “Grey Market,” or “Pink Sheets No Information.”  Have you bought a penny stock recommended by a stock broker that has one of those labels?  Did your broker disclose that to you?


SEC Has Toughened Enforcement Efforts, Agency Says
Headline Legal News | 2010/09/22 10:21

The Securities and Exchange Commission's chief enforcement official says the agency has toughened its efforts to shut down financial misconduct after failing to act quickly in the cases of R. Allen Stanford and Bernard Madoff.

SEC Enforcement Director Robert Khuzami says in testimony prepared for a Senate hearing that "we have moved aggressively" to put in place reforms recommended by the SEC inspector general. The IG found that the SEC knew since 1997 that Stanford likely was operating a Ponzi scheme but waited 12 years to bring fraud charges against the billionaire.

Khuzami also tells the Senate Banking Committee the SEC is working to provide "maximum recovery" to investors hurt in Stanford's alleged $7 billion fraud.

Stanford has been in federal prison since his indictment in June 2009 on criminal charges that his international banking business was really a pyramid scheme. He is disputing the charges. He faces a life sentence if convicted.

The SEC didn't bring civil fraud charges against Stanford until February 2009. SEC Inspector General David Kotz said in a report issued in April that "institutional influence" in the enforcement division was a factor in the agency's repeated decisions not to conduct a full investigation.

The report found that SEC enforcement officials discouraged cases that couldn't be resolved quickly. And it said an SEC enforcement official who helped quash investigations later legally represented Stanford.

The SEC's office in Fort Worth, Texas, had conducted "examination after examination" of Stanford's business over eight years, but "merely watched the alleged fraud grow, and failed to take any action to stop it," Kotz testified at Wednesday's hearing.



ANZ says to vigorously defend class action suit
Court News | 2010/09/22 02:20

Australia and New Zealand Banking Group said on Wednesday it will vigorously defend a class action suit by customers for recovery of bank fees.

Earlier class-action law firm Maurice Blackburn said it would file a $48 million class action suit against ANZ, with up to 11 other lenders at risk of similar suits in the future.

The suit is against exception fees, which include charges for insufficient funds, overdrawn bank or credit card accounts and late credit card payments.

"We recognised that these fees were unpopular with customers. This is why we took action to simplify fees," the CEO for its Australian operations Philip Chronican said in a statement.



Gov't needs $133.78 a share to recover GM money
Topics in Legal News | 2010/09/21 22:02

The U.S. government would have to sell its General Motors stock for $133.78 per share to recoup the nearly $50 billion it spent bailing out the Detroit automaker, according to a watchdog of government bailout funds.

Neil Barofsky, the special inspector general for the $700 billion bailout of the financial industry and automakers, revealed the figure in an Aug. 30 letter to Sen. Charles Grassley, R-Iowa. The letter was obtained by The Associated Press on Wednesday.

GM repaid the government $6.7 billion. The remaining money was converted to a 61 percent ownership stake in GM plus $2.1 billion worth of preferred stock. The government plans to start selling its shares as part of a GM initial public stock offering that is tentatively scheduled for mid-November.

The government won't sell all the 304 million common shares it owns all at once. The Treasury Department and GM's new CEO have said it may take a couple of years and several "follow-on" sales for the government to recoup its investment. Also, analysts say the share price could start out low to help fuel demand. The hope is that GM's share price would rise as the company's car sales and finances improve.

Barofsky responded to a request from Grassley to make sure that Treasury is getting the highest possible price for GM's shares. Barofsky says that he will look into the matter.



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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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