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Presented by By Nancy Boudreaux Investor Education Trainer OFI Louisiana O ffice of F inancial I nstitutions Guard Rails Protecting Your Community From Investment Fraud
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3 vehicles A system designed to keep vehicles from straying into dangerous areas investors An Action Plan designed to keep investors from straying into dangerous areas
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Why listen?
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NASAA FINRA FINRA IPT IPT FBI FBI CFPB CFPB AARP AARP Investor Education “Main Street” Investors
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State Securities Regulator State Securities Regulator Investment Professional
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Wake up!
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55+
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Wise up!
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High profit 10 Low risk Liquid The “holy trinity” of Investing
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11 Weapons of Fraud by Anthony Pratkanis & Doug Shadel Tricks of the Trade: Outsmarting Investment Fraud DVD Joint venture of FINRA, AARP andwww.saveandinvest.orgwww.saveandinvest.org Crimes of Persuasion
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M C I ild ognitive mpairment 4 Made 4 times more mistakes in financial decisions *Elder Financial Fraud: A National Epidemic DVD by North American Securities Administrators Association (NASAA), Investor Protection Trust (IPT) and Investor Protection Institute
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General cognitive functions Vocabulary General knowledge ADLs (bathing, eating, cooking) BUT Memory, subtle language difficulties, ability to multi-task BUT NOT NOT demented
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Socially isolated Made poor investments Changed his/her will Reduced ability to make decisions More willing to “gamble” with their money IndicatorsOfMCI
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Cognitive “Reserve” Protection against age-related brain changes *Increases Reserve Higher levels of education Exercise Mediterranean-style diet Complex job Bilingual Large social network *Reduces Reserve Prior head injury Diabetes High blood pressure High cholesterol * Coping With Mild Cognitive Impairment - NYTimes.com 11/27/12
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For loved ones with MCI Sign them up for the DO NOT CALL list Get the deal in writing Get copies of anything they sign Check the registration status of the product and the promoter before investing Request and read CRD Reports before investing Use the Investor Checklist form for new investments Report suspicions of fraud Stay current on fraudulent scams at http://www.nasaa.org/investor-education/ http://www.nasaa.org/investor-education/ Use NASAA’s Conversation Starter for Empty Nesters at http://www.nasaa.org/2965/conversation-starters-seniors/ http://www.nasaa.org/2965/conversation-starters-seniors/
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Top 5 Foggy Areas For Fraud
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Fake “senior” designations #5 False or Misleading “Certifications” Included in free CRD Reports
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#4 Affinity Fraud Join a group, using referrals to sell within the group ● Ethnic ● Social ● Religious 19
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Professional sales presentation Personal appointment later 20 PressuretoBuy 3 Fraud victims were 3 times more likely to attend Free? #3 Free Meal Investment Seminars
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Social Networking “Friend” or Foe? “Friend” a community leader Pitch the investment later Leader reports profits to their “friends” Establish friendly rapport with new contact Fake similar Likes & Dislikes; send friendly messages Pitch the investment later #2 Internet
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JOBS Act Raise up to $1M, sold through broker or “portal” Investors Very high potential for fraud Businesses seeking funding Businesses seeking funding - could be swindled by unqualified or illegal “portals” new & small Allows new & small businesses to raise capital from the “online crowd” Exempt from SEC and state registration Rules still to be written by SEC; not legal yet Internet #2 Internet
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#1 Ponzi Scheme 23 $65 B Bernie Madoff, 72, former NASDAQ Commissioner 5 Swindled victims over 5 continents for decades out of 150 years Sentenced to 150 years in federal prison
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Check up!
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Risky Business NEVER checked Broker’s registration with the state 80% 70% 80% NEVER checked if Broker violated any laws 25 NEVER checked into the Broker’s background Tricks of the Trade: Outsmarting Investment Fraud 2007 FINRA Fraud Risk Survey
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registered “Are you registered with the state to sell this security?” 1.Ask why not (take notes) OR 2.Call OFI to check if the reason is legitimate OR to register a complaint CRD Number 1.Ask for the person’s CRD Number or Legal name 2.Email a request to complaints@ofi.la.gov
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Individual selling the product May be Exempt from filing with OFI 27 Product (security) being sold May be Exempt from filing with OFI What’s Required by Law? The individual and the product sold are two separate things
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28 Register with OFI Notice-of-Sale filed with OFI Nothing with OFI Individual Product (Offering) What’s “on record” with OFI? Note: Exemptions to Registration are available
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C.R.D. Reports FREE Background Checks C.R.D. Reports Securities qualifications Certifications Pending arbitration Criminal history Bankruptcies 29 Employment History, including: Terminations Disciplinary Actions Customer Complaints
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30 For fastest service CRD Number legal name Submit the person’s CRD Number or legal name CRD your request On Handout an’tememberetails
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31 Check up Wake up Wise up
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