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How to Tell if You're the Victim of Brokerage Fraud

Posted Dec 18, 2008 08:43am EST by Aaron Task in Investing

Bernie Madoff's investors were clearly the victims of fraud. But as their portfolios evaporated in 2008, many other Americans are rightly wondering if they've been the victims of wrongdoing by their brokers.

Nine out of 10 investors don't have a case, says John Singer, partner at the New York law firm Singer Deutsch, noting there's no legal prohibition against a bear market (at least not yet).

But some investors have been the victims of fraud and/or abuse by their brokers. Among the signs to look for:

  • Excessive churning: Where a broker trades the account so frequently that trading commissions eat into your principal.
  • Unsuitable investments: Investors have a responsibility to know what they own. But brokers have a fiduciary responsibility to "know the customer," and can be found liable for putting, say, an elderly couple's retirement accounts entirely in mortgage-backed securities.

Singer, whose firm has cases pending against all the major firms, says the potential liabilities of merged entities like Merrill Lynch as absorbed by their acquirers — Bank of America in this case. Unfortunately there's no recourse for clients of Lehman Brothers, which filed for bankruptcy; fortunately, Lehman was not a retail-heavy shop.

36 Comments

__A_YAHOO_USER__
__A_YAHOO_USER__ - Thursday December 18, 2008 09:09AM EST

Be honest tell the truth to the client.......Sad but ot is facts.....That all the broker will tell.....Apologize

LeoS
LeoS - Thursday December 18, 2008 09:38AM EST

JOHNNY IKE!!!! Last I tell you time... CLEAN OP YOUR ROOM!!!!

__A_YAHOO_USER__
__A_YAHOO_USER__ - Thursday December 18, 2008 09:44AM EST

It is tidy...........

you
- Thursday December 18, 2008 09:56AM EST

Trickle down corrupition..........the only way to govern.........rob them blind........if they cry.......raise their taxes..........Welcome to the Modern Third World.......Dazzel them with Lies.........CHANGE!!!

william
william - Thursday December 18, 2008 09:57AM EST

If you owned any stocks you are a victim of brokerage fraud! The theft that has occured over the last year with all the stocks dropping and 401K money being stolen by CEO and congress is treason and nothing less HANG all government officials and compnay officers in the streets, shoot Bernie Madoff down like a rabid dog!

william
william - Thursday December 18, 2008 09:59AM EST

The government either is stupid or simply refuses to deal with the people. Simple situation no matter what interest rates are if people are maxed out they can not borrow. No job no spare cash means no spending means no economy stupid!

Horatio
Horatio - Thursday December 18, 2008 10:01AM EST

Unfortunately, people tend to blame themselves for the incompetence of the professionals they hired. I see it all the time: An account blows up and the investor loses a load of money, then they say "Well, I should have told him I didn't want that much risk" - when the financial advisor never explained (and probably didn't understand) the actual risk in the investment anyway. More explanation on http://www.angrybroker.com

rockjock1037
rockjock1037 - Thursday December 18, 2008 10:02AM EST

The U.S. is already a nation of victims whining about things they aren't willing to work to attain or change...help me help me I'm an idiot and I can't get up without a handout

valueman
valueman - Thursday December 18, 2008 10:03AM EST

Brokers are for dorks. If you don't know enough to invest on your own, then just buy a bunch of index funds. Doing the latter will beat a broker 90% of the time anyway.

Connie D
Connie D - Thursday December 18, 2008 10:04AM EST

Do your own due diligence. If you are smart enough to be employed and save you should be intelligent enough to read and invest. The market is for people who want their money to work and not take the crumbs (savings accounts at 1%) from the big guys. It is not that hard but you can not ignore it and expect to make money. If you are not ambitous enough to learn then take a chance on an annuity and pay a financial advisor to get rich for holding your hand.

you
Yahoo! Finance User - Thursday December 18, 2008 10:05AM EST

How to Tell if You're the Victim of Brokerage Fraud? Easy! Have ANY relationship with ANY of the crooks? Surprise! - you are a victim of a fraud.

william
william - Thursday December 18, 2008 10:28AM EST

desertrapunzel and how have you done this year with your due dilegence

HomerN
HomerN - Thursday December 18, 2008 10:34AM EST

I like these articles telling people how to do this and that after the fact. Try telling these things before they happen. Honestly, tech|ticker is a joke. How about an article like "Madoff's Ponzi Scheme is the Wall Street Model"? Or how about "A Lesson from Madoff, You are the Best Person to Handle Your Money". Its pretty funny that these people, whose career is based on people making investments are the same people advising investors on how to do it. Madoff is someone who got caught, what about all the others that have not got caught. So these crooks tell investors how to give them their money, the investors give them the money, then we blame them for it.

S.Moss
S.Moss - Thursday December 18, 2008 10:39AM EST

For 1 million dollars you can spend 70 and sit and learn how markets work for a whole year and then invest. If you give your hard earned money to brokers...tough luck.....!!!

BruceW
BruceW - Thursday December 18, 2008 10:42AM EST

I'm a Financial Advisor, but, I am what is known as a Wealth Manager and I only charge a fee for the assets that I manage. I legally cannot charge commissions and more importantly, I can't recommend anything to a client that is not in their best interest, nor can I put my interests ahead of theirs. How can you find an advisor that does the same for you? Look at their licenses. An Advisor who is fee based only must have a Series 7 and a Series 65 & 63, or, a Series 66. Those combination of licenses makes them what is known in the industry as Registered Investment Advisor Representative (RIAR's). Watch out for RIAR's who use Mutual Fund platforms as the basis for your investment portfolio as a fee based Wealth Manager. Look for Advisors who use ETF's and alternative investments within your portfolio. These investment alternatives are the key to success along with an investment philosophy that is a Tactically Active approach. This simply means that the adivsor is willing to change investment allocations and individual securities to steer through economic and market environments such as what we are in. Let me share something else with you that should make common sense. There are only so many economic parameters that are in play at one time and depending on which of those are in play will dictate which investments are best suited for those combinations of economic parameters. As an example, you either have high, or, low interest rates. There are investments that are better suited for either one of those economic parameters. Another example is you either have a strong, or, a weak dollar in play. There are investments that are better suited for either of those economic parameters. My clients are getting positive returns in a market that is producing negative results. If you're interested, contact me. Bruce

you
Yahoo! Finance User - Thursday December 18, 2008 10:44AM EST

There is no such person as an honest broker. Their job is to make money for them selves and for their employer at the customers expence. Most profitable for a broker is a managed account, they can churne the investments to increase trading commissions. The person who explained this to me is a friends daughter, who is a stock broker. Invest in no-load, low fee, mutual funds bought directly from the fund company, like: Vanguard, T. Row Price, Fidelity, etc. Invest 60% in stocks, 40% bonds and have some cash outside of this ratio for emergencies.

John
John - Thursday December 18, 2008 10:52AM EST

Sheep tend to vote for people because they promise them something for nothing. They invest with the guy their buddy says is making them great returns, and want some too. The shame is this new class of whiners, when anything doesn't happen the way they were sure it would, never put any blame on their poor choices.

New World Investor - Michael Murphy
New World Investor - Michael Murphy - Thursday December 18, 2008 10:53AM EST

This is America! If you lost money, you ARE the victim of brokerage fraud! It couldn't possibly have been your fault, right? After all, you didn't invest to lose money - do they think you just fell off the turnip truck? There is some ambulance chaser who will take your case, file suit, and then settle with the broker's insurance company. You'll get 2/3 of the settlement, and never have to go to trial! What could be easier? PS - If you run into a**holes who won't settle, and you have to go to arbitration, just lie where they can't contradict you, or say "I don't recall - I was under a lot of stress from the pain and anguish Mr. Broker was causing me." There's no penalty for perjury in a private arbitration!

Lucidguru
Lucidguru - Thursday December 18, 2008 10:54AM EST

Not all portfolios are down this year and not all financial analyst getting wrong, just take a look at: http://www.gainerstoday.com/

Jerome
Jerome - Thursday December 18, 2008 10:57AM EST

the SEC didnt see the problem because they are part of the problem! teel me that their not in bed with these brokerage houses. Again as I said before. THATS WHY THERE IS FRATERNITIES & SORORITIES. Next comment, Just think King Geroge Bush wanted to allow companies not provide benifits to its employes. By telling us we would benifit by controlling our own investment returns because we can control our investments much more. Gees if I had put all my eggs in one basket of 401K, I would be F--ked now.

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