To avoid being the victim of senior citizen investment fraud, ask yourself whether the investment falls within the following potential scams before making any investment.

Affinity Fraud

Con artists frequently target members of closely knit religious, political, or ethnic groups. Their pitch is essentially, "since I am like you and believe like you, you can believe in me and in what I say." When an investment is presented in this context, the potential investor should be extremely wary. This pitch seeks to substitute an emotional appeal for careful analysis and critical thought.

Churning

An abusive sales practice in which unethical securities professionals make unnecessary and/or excessive trades in order to generate commissions. Most churning occurs where a broker has discretion to trade the account. In such cases, it is not necessary that the broker receive prior approval from the client to complete a transaction.

Equity Indexed Certificates of Deposit

Remember the days of FDIC-insured, bank-issued certificates of deposit with guaranteed principal and interest? Equity Indexed CDs are not the same product. These hybrid securities products offer an interest coupon payment or return that is based on a stock market index, usually the S&P 500. Returns are not FDIC insured. They are dependent on the performance of the stock market.

These are complex securities that promise a rate of return calculated over a defined period of time based upon some form of securities market index. A declining stock market means the possibility of no return on your investment. As a result, these products pose liquidity problems and are, therefore, not suitable for seniors who may need the money for retirement living.

Oil and Gas Investment Fraud

High oil prices mean oil and gas scams will continue to attract victims. Oil and gas deals are complicated investments that generally require a significant investment, often requiring a minimum deposit of thousands of dollars.

Increasingly, these deals are being promoted via the Internet with claims of attractive tax advantages. Sales materials with "official-looking" surveyor maps and "geologist" opinion letters touting the likelihood that the "managers" of the drilling enterprise will hit pay dirt are sent regularly to prospective investors more than 1,000 miles from the region being "prospected".

Overall, these deals are highly risky, but the lure of high profits often proves irresistible to investors.

Personal Information Scams

The first step in separating a victim from his or her money is convincing the victim to divulge personal financial information. When the sales agent is a local tax preparer or unaffiliated insurance agent, he or she enjoys a position of trust in the community.

Con artists not enjoying such a position of trust frequently style themselves as "senior specialists" or adopt a pretext of preparing "living will" or a "living trust." A pretext that is of current concern to insurance and securities regulators is the offer to help senior citizens qualify for prescription benefits by preparing forms.

In the guise of filling out forms, the scamster may ask unnecessary questions about personal financial assets. To the con artist, this information provides a comprehensive laundry list of what is available for the taking.

Prime Bank Schemes

These schemes often promise high-yield, tax-free returns that are said to result from "off-shore trades of bank debentures." Investors are told that only very wealthy people can get the benefit of these programs but the promoter is able to make it available to the victim.

Sometimes the victim is required to execute a "confidentiality agreement" in order to invest and is told not to consult an attorney, accountant or financial planner because they keep these programs for the "big boys" and will deny that they exist. There are no such programs, no such debentures and no such high-yield trades. These prime bank schemes are the securities equivalent of a purse snatch. Once the seller has your money, it's gone "off shore" forever.

Pump and Dump Schemes

Unethical broker-dealers frequently "pump" up the value of low-priced securities traded on the NASDAQ "pink sheets" and then "dump" the stock after naive investors have purchased the stock at inflated prices. The balloon breaks when the promoters no longer maintain the myth that there is value in the shares and investors are left holding worthless shares. These schemes frequently appear through unsolicited e-mail messages.

Recovery Rooms

Scam artists buy and sell the names and financial information of victims who have lost money to "recovery room" operators who promise, in return for a fee that the victim must pay in advance, to recover the money lost in a worthless investment.

These "sucker lists" are bought by crooks who know that people who have been deceived once are vulnerable to additional scams; especially scams that give hope of recovering lost money. If you have been the victim of a fraud, never give out your credit card or other personal information to someone who contacts you with a promise to recover your money. Remember, in the scam world this caller is known as a "reloader" and he is setting you up for a second bite at the apple.

Registered High-Interest Promissory Notes Publicly Advertised

Generally, the higher the return promised, the greater the risk to your money. A track record of paying high interest and repaying principal is not an assurance that you will get your money back if the company fails. These notes are not suitable for retirement funds.

Sale and Leaseback Contracts

In an attempt to avoid the investor protections of securities laws, some investments are structured to resemble the sale of a piece of equipment such as a payphone, ATM machine or Internet booth located at a remote venue where the investor cannot service and maintain the equipment and must enter into a servicing agreement.

In order to make the deal more attractive, investors are told that after a given period the equipment can be sold back to the seller at the investor's original purchase price. The investor is also promised a specific rate of return. In a variant of this scheme, a real estate interest such as a long-term lease in a resort community is sold instead of physical equipment. Frequently the equipment or property does not exist and the seller lacks the financial capacity to keep the promise of repurchase.

Self-Directed Pension Plans

Many types of securities fraud require the victim to remove funds from legitimate investments such as stock brokerage accounts, mutual funds, insurance policies, deferred compensation plans and mutual funds so that they can be invested in a worthless scam. This scam may begin with advice to convert an employer-sponsored pension into a self-directed pension plan. While these plans may serve legitimate investment purposes, all too often they only serve to benefit the scam artist.

Unsuitable Recommendations

Just as every investor is different, so too are investments. What may be a suitable investment for one investor may not be right for another. Securities professionals must know their customers' financial situation and refrain from making recommendations of securities that they have reason to believe are unsuitable. When securities professionals fail to live up to applicable ethical standards, great harm can be done to individual investors.

Variable Annuities

Variable annuities are tax-deferred investments that typically place mutual funds inside of an insurance wrapper for tax deferred potential investment growth. While these products are legitimate investments, regulators are concerned about their popularity in the sales community.

Commissions to those who sell variable annuities are very high, which provides incentive for sellers to engage in inappropriate sales. Variable annuities are only suitable for a very small percentage of the investing public and generally are not appropriate for most seniors.

The steep penalties for early withdrawals also make variable annuities unsuitable for short-term investors. Be especially wary of any broker who wants to sell you a variable annuity to hold inside a 401(k) or IRA. You are already getting tax-deferred growth in an IRA or a 401(k), and the variable annuity simply adds a layer of cost with no additional tax benefit.

Other Types of Annuities

Regardless of the type of annuity involved, be aware that annuities carry substantial costs, called the "load". A "load" is the amount of money that is will not be part of the investment after the close of the transaction. If you give the salesman $100 to invest but after the transaction is complete, the equity available to you is $90, the load is $10 or 10% of your money. This represents a very high load. With annuities, the load is usually at least 7% or more of the amount invested. Relative to other forms of investments, annuities are very expensive. Also, annuities are not "liquid". That means, you are expected to keep your money in the annuity for a long period of time, often 10 years. If for some reason you need to access your money before the time has run, there may be penalties which will further reduce what you have at the end of the day. Because of this, the "surrender value" of the annuity may be significantly less than the face value of the investment.

Getting Legal Redress for Senior Citizen Investment Fraud

If you have been the victim of Senior Citizen Fraud, you can and should take legal action to redress the fraud. Normally those who committed the fraud will not be willing to make things right just because you complain or ask nicely. You need to get tough with a lawyer if you want to see results. If you are a resident of California, you are the lucky recipient of a number of powerful laws expressly designed to protect your rights.

Senior Citizens Have Strong Protection in the Law of Fraud, Negligence and Fiduciary Duty

The California law of fraud, negligence and fiduciary duty covers investors of all ages, but it also contains powerful embedded features designed to help Senior Citizens. That is because the courts have said that Senior Citizens are to be treated with "kid gloves" when it comes to unscrupulous financial dealings. Because of this, the chances that a Senior Citizen will obtain a favorable result in a legal action based on the common law of fraud, negligence or breach of fiduciary duty in an investment transaction are far better than the chances that a younger person will prevail. In other words, the rule "let the buyer beware" is not so harshly applied when it comes to Senior Citizens.

It is safe and reasonable to say that an 80-year-old investor swindled by an unscrupulous investment salesman has a better chance of winning in court or arbitration than would a younger investor who fell victim to the same scam. Yet, it is a sad fact of life that Seniors may be reluctant to pursue justice in the legal system out of the fear of the "unknown". To overcome this fear, seniors should be reminded that are protected by strong laws designed to redress fraud on the elderly. This is even more so because there are special laws designed only to protect Seniors. These special laws are discussed below.

Senior Citizens are Protected by Elder Abuse Laws Enacted for Their Benefit

California's Elder Abuse and Dependent Adult Civil Protection Act provides protection from Elder Financial Abuse (California Welfare and Institutions Code Sections 15610.07). Financial abuse includes situations where one or both of the following apply:

1. A person, including a caregiver or other trusted person, takes an elder's money or property for wrongful use or with intent to defraud;
2. A person gets property from an elder who lacks mental capacity and refuses in bad faith to return the property when the elder or his/her representative requests it (California Welfare and Institutions Code Sections 15610.30(a)).

A Senior who has been the victim of Elder Financial Abuse can sue for actual damages, plus recover attorney's fees and costs in elder abuse cases (California Welfare and Institutions Code Sections 15657). Additionally, California Civil Code Section 3345 permits a jury to award three times actual damages when a Senior Citizen has been the victim of an intentional and malicious financial fraud.

If you or someone you love has been the victim of Elder Financial Abuse and wish to discuss the matter, you may call us at 1-800-306-6010 or contact us online.