Statistics Show the Elderly are Prime Targets for Securities Fraud

 

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The elderly are often the target of Ponzi schemes.  According to a joint study by the MetLife Mature Market Institute, the AARP Foundation and the Investor Protection Trust, the estimated cost of financial fraud against the elderly in 2010 was $2.9 billion, up 12 percent from 2008. Additionally, experts estimate 85 percent of elderly victims do not report fraud because they are embarrassed or fear their families will restrict their financial freedom.

 

The elderly are a particularly vulnerable group. Consider other statistics from the research that show what makes them easy targets and how they are approached.

  • Older women are twice as likely to be victims than men.
  • Most elderly victims are between 80 and 89 years old.
  • The average age of elderly victims is 69.
  • The majority of victims live alone and need help with      daily activities.
  • 12 percent of elderly securities fraud happens in the      business sector.
  • 51 percent of victims are taken advantage of by      strangers.
  • 34 percent of elder fraud is committed by a family      member or other person close to the victim.

 

Elderly victims are targeted in many different ways. Often times an untruthful financial advisor will sell investments that are not appropriate for an elderly person’s portfolio, or they will lie about the risk level. Many cons will pressure older clients by telling them the window of investment is very short, leaving them no time to research or thoroughly investigate before making a decision. They will even resort to emotional tactics, getting the elderly to invest in supposed humanitarian projects or convincing them they are taking care of their families by investing. In addition to bad investments, some elderly have been deceived into completely signing over control of their assets or accounts to an investor.

 

There’s no shortage of tactics used by fraudulent investors, and it’s not likely to get better in the future. An estimated 40 million Americans are over 65 right now. That number is expected to double by 2050. An increasing elderly population is a haven for those who want to take advantage of them.

 

If a financial adviser has changed your strategy without your permission or if you are a victim of securities fraud, financial malpractice, Ponzi scheme, broker theft by a FINRA registered broker please call the securities attorneys of The Costello Law Group at (877) 418-0003 for a free consultation.

 

 

The Retirement Gamble

 

PBS recently aired the results of its study into the issue of Americans use of 401(k) accounts as a vehicle to accumulate savings for retirement. PBS’ study determined that with the cost of living rising and life expectancy increasing, figuring out how much to save for retirement is extremely challenging. Even more challenging is attempting to determine how to invest money into your 401(k). PBS’ study indicated that retirees utilizing a 401(k) account should take the following subjects under consideration. If you are one of the 60 million Americans who currently invest in a 401(k) plan here is what you should consider:

  1. Investment Fees: PBS’ study found that the average Mutual Fund brings with it a fee of 1.3 – 2%, with some being as high as 5%, for administration, asset management and other fees. While the percentage may see low, the average person spends $155,000 in fees over the lifetime of their 401(k) plan;
  2. Fiduciary Duty: PBS defined fiduciary relationship to be when one person has an obligation to act for another’s benefit. Investors should confirm the financial advisor’s agreement to be a fiduciary and act in your best interests;
  3. Kickbacks: PBS’ study found that kickbacks occur when a company pays a broker a portion of revenue to sell that company’s funds. The kickback is eventually paid by the consumer in the form of fees. Make sure that your investor is not obtaining a kickback from the fund he or she is proposing you invest in; and
  4. Index Funds: Index funds are a type of mutual fund that is designed to match or track the components of a market index such as the Russell 2000 or S&P 500. The PBS study found that Index Funds may be more appropriate for some retirees because they funds have low fees, no manager and hold broadly diversified funds, and index funds tend to outperform even the best mutual funds over the long term.

For more regarding the PBS study please visit:

http://www.pbs.org/wgbh/pages/frontline/retirement-gamble/

 

If a financial adviser has changed your strategy without your permission or if you are a victim of securities fraud, financial malpractice, Ponzi scheme, broker theft by a FINRA registered broker please call the securities attorneys of The Costello Law Group at (877) 418-0003 for a free consultation.

 

 

Recoup Losses on Fraudulent Investments with a Securities Fraud Attorney

 

Most financial advisors will tell you that every investment carries some element of risk. But when an investment is fraudulently presented, those risks become greater, unexpected and far more costly. One typr of fraud involves luring investors with exaggerated claims of the value of the investment. If this is the case, you may need a securities fraud attorney to assist you in pursuing a claim to recoup your financial investment.

 

Making exaggerated or deceptive claims in order to draw investors is not viewed kindly by the SEC. Such is the case with the city of Victorville, CA.

 

The Securities and Exchange Commission has filed suit against the city, alleging that the city defrauded investors by misrepresenting the worth of some property, namely airport hangers, by greatly overstating their value. The SEC claims that the city, struggling financially since the closure of an Air Force Base in 1992, made this misrepresentation as part of a plan to raise funds for redevelopment through the sale of municipal bonds.

 

The SEC alleges that investors were defrauded because they received inaccurate information which made it impossible for them to weigh the risks of investing in the municipal bonds.

 

Making informed decisions regarding investments is difficult enough, but false information and misrepresentation can often mean that an investor is taking on a risk he never intended and could suffer losses that he could not reasonably foresee or predict.

 

If you’ve incurred investment losses, or if you are a victim of securities fraud, financial malpractice, a Ponzi scheme, a pump and dump scheme, or theft by a FINRA registered broker, please contact the investment loss attorneys of The Costello Law Group at (877) 418-0003 for a free consultation.

 

 

Widow Unable to Access Husband’s Account

Last year, Julia Bolena, lost her husband of 53 years to cancer.  Since then, Mrs. Bolena has been trying to access her husband’s Wells Fargo savings account without success.  According to a Yahoo! News report, she was named as a beneficiary of her husband’s Wells Fargo checking account, but not on his savings account. A representative from Wells Fargo stated that she does not have any rights to the account because she was not a joint owner and it was not set up as a “payable on death” account.  She can only access the account, which holds approximately $273, with a Power of Attorney or documents establishing that she is the executor of his estate from the local probate court in Florida.  A representative from the probate court told Mrs. Bolena that it would cost her $250 to obtain the necessary documents.

Mrs. Bolena’s situation demonstrates how proper estate planning is crucial regardless of your net worth.   Situations like these can often be avoided by  simply understanding how your assets are titled and how they will be distributed upon your death, and if necessary, executing or updating a Last Will and Testament and Power of Attorney.

If you have any questions regarding developing or updating your estate plan, please contact the Costello Law Group at (877) 418-0003.

Millionaire Dies Without a Will and Without Heirs

On April 27, 2013, the New York Times published an article about Roman Blum, a successful New York real estate developer and holocaust survivor, who died without a will.  Blum was divorced with no children or other known heirs.  The Richmond County Public Administrator who is handling Blum’s estate is in the process of liquidating Blum’s assets and working with a genealogist to identify relatives entitled to inherit his estate.  If no heirs are identified, Blum’s 40 million dollar estate will go to New York state, making it the largest unclaimed estate in New York’s history. Blum’s accountant urged him on several occasions to write a will.  According to his friends, Blum became increasingly private about his financial affairs and may not have been willing to share the details of his financial affairs with his lawyer.  They also suspect that Blum resisted writing a will because did not want to face his own mortality.

 

This scenario is not unusual.  Many people put off writing a will for many of the same reasons that Roman Blum did.  However, his story shows how important it is to develop an estate plan.

 

Creating a will does not have to be a difficult or costly process. The Costello Law Group has competitively priced flat rate estate planning packages for individuals and couples which include wills, Powers of Attorney, and Advance Directives. If you have any questions regarding developing or updating your estate plan, please contact the Costello Law Group at (877) 418-0003.

Important Steps to Clarify Your Wishes for Organ Donation

If you want to become an organ upon your death, you need to do more than including an organ donation provision in your will.  Wills are often not located or read immediately after a person’s death when decisions regarding disposition have already been made. If you are serious about becoming an organ donor you should identify yourself as an organ donor on your driver’s license and execute an advance directive which clarifies your wishes for organ donation including whether you want your organs and/or tissues used for one or more of the following purposes:  transplantation, therapy, research, or medical education. You should also discuss your wishes for organ donation with your health care agent, the person named in your advance directive to make health care decision on your behalf when you are unable to make them for yourself.  In addition,  those who are interested in donating their body for medical education and research should pre-register  with the Anatomy Board of Maryland.

 

If you have any questions regarding developing or updating your advance directive or estate plan, please contact the Costello Law Group at (877) 418-0003.

SEC Commissioner: We Need to Support Investor Choice

 

State securities regulators were on Capitol Hill on Wednesday, attempting to gain support for restricting, or ending, mandatory arbitration clauses between clients and brokers. Currently, arbitration clauses are standard in brokerage contracts and require any claim of loss to be settled in binding arbitration instead of with the Court.

 

“Investors should not have their option of choosing between arbitration and the traditional judicial process taken away from them at the very beginning of their relationship with their brokers and advisers,” Securities and Exchange Commission member Luis Aguilar said on Tuesday at the North American Securities Administrators Association’s annual conference in Washington, D.C.

 

The 2010 Dodd-Frank Act provides the SEC with the authority to limit or prohibit arbitration requirements for broker-dealers and investment advisers. In order to reform the arbitration clause, at least three of the five SEC commissioners must vote to support the measure.

 

If a financial adviser has changed your strategy without your permission or if you are a victim of securities fraud, financial malpractice, Ponzi scheme, broker theft by a FINRA registered broker please call the securities attorneys of The Costello Law Group at (877) 418-0003 for a free consultation.

 

For more information please visit:

http://www.investmentnews.com/article/20130417/FREE/130419930

Stock loss attorney protects investors against pump and dump fraud

Pump and dump. You may have heard of this pernicious stock fraud. Pump and dump even made the national news recently when the famous rapper 50 Cent came under criticism for hyping a little known company called H&H Imports. 50 sent his followers on Twitter messages about what a great stock H&H was and the price of H&H stock nearly tripled in a few hours. What 50′s tweets didn’t mention was that he owned 30 million shares of H&H.

 

50 also failed to mention the sections in H&H’s prospectus that would make any wise investor wary. The prospectus says that the company is not making money and may never make money, that the company needs to grow to make money and doesn’t know if they are capable of managing that growth, and that company management has limited experience. The prospectus also mentions that investors may not be able to sell their stock later.

 

Does that sound like a good investment? It would not to a stock loss attorney.

 

No one really knows why 50 Cent was shilling H&H stock, but it illustrates the pump and dump pattern, and shows how easy to is to pump and dump in the internet age. Scammers used to use call centers and junk mail campaigns to work their schemes, but the internet has made it very easy to use social media tools to pump up the value of worthless stocks — even without the help of a celebrity like 50 Cent.

 

If you’ve incurred investment losses, or if you are a victim of securities fraud, financial malpractice, a Ponzi scheme, a pump and dump scheme, or theft by a FINRA registered broker, please contact the investment loss attorneys of The Costello Law Group at (877) 418-0003 for a free consultation.

Google’s Inactive Account Manager Allows Users to Plan Their “Digital Afterlife”

Yesterday, Google announced a new feature that allows users to control the disposition of their digital assets after their death.  With this feature , called “Inactive Account Manager”, users can choose to have their data in their Gmail, Google+, Picasa, Youtube, or other Google service accounts transferred to one or more contacts or deleted after a specified period of inactivity (3, 6, 9 or 12 months).  Google will send users a warning message beforehand to a cell phone number and secondary email designated by the user.

 

Current law makes it difficult for personal representatives of an estate to obtain access over a decedent’s digital assets in social medial and email accounts.  Hopefully, other internet companies will follow Google’s lead and will provide users with tools to control the disposition of their digital assets after death.

 

See Geoffrey A. Fowler, Google Lets Users Plan ‘Digital Afterlife’ By Naming Heirs, Wall Street Journal, Apr. 11, 2013.

 

The Costello Law Group provides full service estate planning and estate administration services. If you have any questions regarding developing or updating your estate plan, please contact the Costello Law Group at (877) 418-0003.

FINRA Bans Investment Advisor After NFL Players Incur $40 Million Investment Loss

FINRA announced they have barred FINRA registered financial advisor Jeffrey Rubin after he directed his NFL player clients to invest in a now bankrupt casino project. Investment losses incurred by over 30 NFL players are said to be $40 Million.

One player reportedly lost over $3 Million dollars in the investment scheme recommended by Rubin.

The Wall Street Journal Reported:

Brad Bennett, Finra’s chief of enforcement, said Mr. Rubin’s case demonstrates how broker misconduct can target “high-income, inexperienced and vulnerable investors.”

The charges against Jeffrey Rubin are based on recommending investments that were unsuitable for his clients’ risk tolerances and stated objectives, as well as what is commonly known as “selling-away,” or offering security products not approved by the registered advisor’s broker-dealer.

Most of Jeffrey Rubin’s clients were current or former NFL players. Interestingly, the NFL Players Association has implemented an endorsed financial advisor program to protect players from receiving poor financial advice.

While it’s still unclear whether or not Jeffrey Rubin was part of the NFLPA’s registered financial advisor program, this incident shows how even with multiple safeguards in place, investors can still be taken advantage of by unscrupulous financial advisors.

If you’ve incurred investment losses and have been directed to unsuitable investments for you based on your risk tolerance and/or investment objectives, or if you are a victim of securities fraud, financial malpractice, Ponzi scheme, broker theft by a FINRA registered broker please contact  the investment loss attorneys of The Costello Law Group at (877) 418-0003 for a free consultation.

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