How They
Work and How
to Avoid Them
Including 16 questions that can
turn off an investment crook
While the vast majority of persons in the futures industry
and other sectors of the investment community serve the
investing public conscientiously and ethically, there are
inevitably those few who seek to exploit the trust which others
have labored so hard to earn.
This booklet has been prepared as a part of NFA's
continuing public education efforts to assist you in recognizing
and avoiding such individuals.
Contents
The Multi-Billion Dollar Business of Investment Fraud
Who are the Investment Swindlers?
Who are the Victims of Investment Fraud?
How Investment Swindlers Find (or Attract) Their Victims
Techniques Investment Swindlers Use
Several Investment Swindles and How They Worked
Questions That Can Turn Off an Investment Swindler
Before You Invest, Investigate
Finally, Don't Lose Touch with Your Money
The Multi-Billion Dollar Business of Investment Fraud
Americans are investors. We purchase stocks and bonds,
contribute to savings programs, own real estate, participate in
futures and options markets, acquire collectibles, provide
start-up capital for new business ventures, buy franchises, and
the list goes on. The strength of our economy is in large
measure the product of our combined investments.
Perhaps more so than any people in the world, we enjoy an
ever-expanding variety of investments to choose from, coupled
with the freedom to make our own investment decisions. It's our
money and we can invest it as we wish.
Unfortunately, some unscrupulous promoters abuse our
freedom to choose by concocting investment schemes that have
zero possibility of making money for anyone other than
themselves. Such persons promise investment rewards they cannot
possibly deliver and have no intention of delivering.
They are swindlers.
Many of them are very good at it. Their annual take
through lying and deceit is in the billions of dollars. If one
estimate of $10 billion a year lost to investment fraud is
accurate, that's more money than the combined annual profits of
the nation's three major automakers! Some say even that
estimate may be too low.
Successful investment swindlers use every trick in the
book, and some that aren't even recorded, to convince you that
none of the descriptions and precautions in the following pages
apply to them. After all, they are offering you a
once-in-a-lifetime opportunity to make a lot of money quickly
and you do trust them, don't you? As will be seen, some of
their methods of gaining your trust are truly ingenious.
Who are the Investment Swindlers?
They are a faceless voice on a telephone. Or a friend of a
friend. They may perform surgery on their victims' savings from
a dingy back office or boiler-room or from an opulent suite in
the new bank building. They may wear three-piece suits or they
may wear hard hats. They may have no apparent connection to the
investment business or they may have an alphabet-soup of
impressive letters following their names. They may be glib and
fast-talking or so seemingly shy and soft-spoken that you feel
almost compelled to force your money on them.
The first rule of protecting yourself from an investment
swindle is thus to rid yourself of any notions you might have
as to what an investment swindler looks like or sounds like.
Indeed, some swindlers don't start out to be swindlers. There
are case histories in which individuals who held positions of
trust and esteem-accountants, attorneys, bona fide investment
brokers and even doctors-have sacrificed their ethics for the
fast buck of running an investment scam.
In still other cases, investment programs that began with
legitimate intentions went sour through happenstance or poor
management--leading the promoter to mishandle or abscond with
investors' capital. Whether an investment is planned as a scam
or simply becomes one, the result is the same.
This is why, as we will discuss, protecting your savings
against fraud involves at least three steps: Carefully check
out the person and firm you would be dealing with; take a close
and cautious look at the investment offer itself; and continue
to monitor any investment that you decide to make. No one of
these precautions alone may be sufficient.
Who are the Victims of Investment Fraud?
If you are absolutely certain it could never be you, the
investment swindler starts with a big advantage. Investment
fraud generally happens to people who think it couldn't happen
to them.
Just as there is no typical profile for swindlers, neither
is there one for their victims. While some scams target persons
who are known or thought to have deep pockets, most swindlers
take the attitude that everyone's money spends the same. It
simply takes more small investors to fund a large fraud. In
fact, some swindlers deliberately seek out families that may
have limited means or financial difficulties--figuring such
persons may be particularly receptive to a proposal that offers
fast and large profits. A favorite pitch is that small
investors can become rich only if they learn and employ the
investment strategies used by wealthy persons. Naturally, the
swindler will teach them!
Although victims of investment fraud can differ from one
another in many ways, they do, unfortunately, have one trait in
common: Greed that exceeds their caution. Plus a willingness to
believe what they want to believe. Movie actors and athletes,
professional persons and successful business executives,
political leaders and internationally famous economists have all
fallen victim to investment fraud. So have hundreds of thousands
of others, including widows, retirees and working people--people
who made their money the hard way and lost it the fast way.
How Investment Swindlers Find (or Attract) Their Victims
Swindlers attempt to mimic the sales approaches of
legitimate investment firms and salespersons. Thus, the fact
that someone may contact you in a particular way--by phone,
mail, or even through a referral--should not in itself be viewed
as an indication that the investment is or isn't shady. Many
totally reputable firms also use the same methods to effectively
and economically identify individuals who may have an interest
in their investment products and services.
Bearing in mind that investigate before you invest is good
advice no matter how you are approached, these are some of the
methods con men commonly employ to contact their victims-to-be.
* Telephone
So-called telephone boiler-rooms remain a favorite way for
swindlers and their sales squads to quickly contact large
numbers of potential investors. Even if a swindler has to make
100 or 200 phone calls to find a mooch (one of the terms
swindlers use for their victims), he figures that the
opportunity to pocket thousands of dollars of someone's savings
is still good pay for the time and cost involved.
Some sellers of fraudulent investment deals buy bona fide
mailing lists--names and addresses of persons who, for example,
subscribe to a particular investment-related publication, who
have responded to previous direct mail offers, or who have
other characteristics that swindlers look for. In the hope of
avoiding notice by postal authorities, mail order swindlers may
not make a direct or immediate pitch for your money. Rather,
they often seek to entice you to write or phone for more
information. Then comes a call from the salesperson or the
person who closes the deal. Some may phone even if you didn't
respond to the mailing.
* Advertisements
A newspaper or magazine ad may offer (or at least hint
at)profit opportunities far more attractive than available
through conventional investments. Once you've taken the bait,
the swindler will then attempt to "set the hook." Even though
investment crooks know that regulatory agencies regularly
monitor ads in major publications, some nevertheless use such
publications in the hope of being able to hit-and-run before an
investigator shows up. Others advertise in narrowly circulated
publications they think regulators may be less likely to see.
* Referrals
One of the oldest schemes going involves paying fast, large
profits to initial investors (actually from their own or other
peoples' investments) knowing that they are likely to recommend
the investment to their friends. And these friends will tell
their friends. Soon, the swindler no longer needs to find new
victims; they will find him. (See page 16.)
* The "Reputable" Business
Some swindlers go first class. Using profits from previous
swindles, they rent plush offices, hire an interior decorator
and professional-sounding receptionist and open what has the
appearance--but not the reality of a reputable investment firm.
You may even have to phone for an appointment, and once there
don't be surprised to be kept waiting (that's intended to make
you all the more eager). This kind of swindler's success
depends on how long he can keep his victims from knowing they
are being cheated. Investors are assured that their large
profits are being reinvested to earn even larger profits. Such
a swindler may join local civic groups, contribute to
charities, and generally play the role of solid citizen.
Techniques Investment Swindlers Use
Their techniques are as varied as their methods of
establishing contact. If there is a common denominator, however,
it is their ability to be convincing. The skills that make them
successful are essentially the same skills that enable any good
salesperson to be successful.
But swindlers have a decided advantage: They don't have to
make good on their promises. In the absence of this
responsibility, they have no reluctance to promise whatever it
takes to persuade you to part with your money. These are some
of their techniques:
* Expectation of Large Profits
The profits a swindler talks about are generally large
enough to make you interested and eager to invest--but not so
large as to make you overly skeptical. Or he may mention a
profit figure he thinks you will consider believable and then,
as a further enticement, suggest that the potential profit is
actually far greater than that. The latter figure, of course, is
the one he hopes you will focus on. Generally speaking, if an
investment proposal sounds too good to be true, it probably is.
* Low Risk
Some are so blatant as to suggest there's no risk--that the
investment is a sure money maker. Obviously, the last thing a
swindler wants you to think about is the possibility of losing
your money. (If you ask how you can be certain your money is
safe, you can count on a plausible-sounding answer. Besides, at
this point, he figures you will believe what you want to
believe.)
To make his pitch more credible, a swindler may
acknowledge that there could be some risk--then quickly assure
you it's minimal in relation to the profits you will almost
certainly make. A con man may become impatient or even
aggressive if the question of risk is raised--perhaps suggesting
that he has better things to do than waste time with people who
lack the courage and foresight needed to make money! With this
kind of put down, he hopes you won't bring up the subject again.
* Urgency
There's usually some compelling reason why it's essential
for you to invest right now. Perhaps because the investment
opportunity can "be offered to only a limited number of people."
Or because delaying the investment could mean missing out on a
large profit (after all, once the information he has confided to
you becomes generally known, the price is sure to go up,
right?).
Urgency is important to a swindler. For one thing, he
wants your money as quickly as possible with a minimum of
effort on his part. And he doesn't want you to have time to
think it over, discuss it with someone who might suggest you
become suspicious, or check him or his proposal out with a
regulatory agency. Besides, he may not plan on remaining in
town very long.
* Confidence
They don't call them con men for nothing! They sound
confident about the money you are going to make so that you will
become confident enough to let go of your savings. Their message
is that they are doing you a favor by offering the investment
opportunity. A swindler may even threaten (pleasantly or
otherwise) to end the discussion by suggesting that if you are
not really interested there are many other people who will be.
Once you protest that you are interested, he figures your
savings are practically in his pocket.
Although you can't necessarily spot a con man by the way
he talks, most are strong-willed, articulate individuals who
will dominate the conversation-even if they do it in a low-key,
friendly sort of way. The more they talk, the less chance you
have to ask questions.
Several Investment Swindles and How They Worked
There's a saying among swindlers that it's not the scam
that counts, it's the sell. Judging from the number of arcane
and often outlandish schemes that have been employed to
separate otherwise prudent people from their money, the saying
would seem to reflect reality. The evidence is that if people
can be made believers, they can be sold practically anything.
Consider several of the ways in which hustlers of phony
investments have won the confidence of persons whom they
planned to victimize.
The Old-Fashioned Ponzi Scheme
It's become one of the oldest and most often employed
investment schemes because it's proven to be one of the most
lucrative. While there are innumerable variations, here is how
a person we will call Frank C. practiced it. At the outset,
Frank approached a relatively small number of influential
persons in the community and offered them the opportunity to
invest--with a guaranteed high return--in a computer-generated
program of arbitrage in foreign currency fluctuations. To be
sure, it sounded high tech and sophisticated but Frank had his
eye on sophisticated and well-heeled victims.
Within a short period of time, he approached and sold the
scheme to still other investors--then promptly used a portion
of the money invested by these persons to pay large profits to
the original group of investors. As word spread of Frank's
genius for making money and paying profits, even more would-be
investors anxiously put up even larger sums of money. Some of
it was used to recycle the fictitious profit payments and, like
a pebble in the water, the word of fast and fabulous rewards
produced an ever-widening circle of eager investors. And more
money poured in.
And Frank C. left town a wealthy man.
The Infallible Forecaster
Jim L. (among his many aliases) had a full-time job in the
daytime, but with assets that consisted only of a phone,
patience and an easy way of talking he managed to parlay a
nighttime sideline into an ill-gotten fortune. The routine went
like this.
Jim would phone someone we'll call Mrs. Smith and quickly
assure her that, "No," he didn't want her to invest a single
cent. "Never invest with someone you don't know," he preached.
But he said he would like to demonstrate his firm's "research
skill" by sharing with her the forecast that so-and-so a
commodity was about to experience a significant price increase.
Sure enough, the price soon went up.
A second phone call didn't solicit an investment either.
Jim simply wanted to share with Mrs. Smith a prediction that
the price of so-and-so a commodity was about to go down. "Our
forecasts will help you decide whether ours is the kind of firm
you might someday want to invest with," he added. As predicted,
the price of the commodity subsequently declined.
By the time Mrs. Smith received a third call, she was a
believer. She not only wanted to invest but insisted on it--with
a big enough investment to make up for the opportunities she had
already missed out on.
What Mrs. Smith had no way of knowing was that Jim had
begun with a calling list of 200 persons. In the first call, he
told 100 that the price of so-and-so a commodity would go up
and the other 100 were told it would go down. When it went up,
he made a second call to the 100 who had been given the
"correct forecast." Of these, 50 were told the next price move
would be up and 50 were told it would be down.
The end result: Once the predicted price decline occurred,
Jim had a list of 50 persons eager to invest. After all, how
could they go wrong with someone so obviously infallible in
forecasting prices?
But go wrong they did, the moment they decided to send Jim
a half million dollars from their collective savings accounts.
All That Glitters
Not only did the two brothers have a fancy office building
with their own company name on it, but the investment offer
seemed sound and straightforward: "Instead of buying gold
outright and holding it for appreciation, make a small
downpayment that the firm could use to secure financing that
would permit much larger quantities of gold to be bought and
held for the investor's account." That way, when the price of
gold rose--as was "sure to happen"--investors stood to realize
highly leveraged profits.
The company provided storage vaults where investors could
view the wall-to-wall stacks of glittering bullion. By the time
authorities caught wind of the scheme's suspicious smell and
looked for themselves, it turned out the only thing gold was
the color of the paint on the cardboard used to construct
look-alike bars of bullion.
The counterfeit gold, however, proved far easier to find
than the millions of dollars of investors' money. Most of that
is still missing.
16 Questions That Can Turn Off an Investment Swindler
The first line of defense against investment fraud is your
inalienable right to ask questions and--until you get the right
answers--to say "No." And mean no. Not surprisingly, this is
usually an investment swindler's first point of attack. To keep
you from asking questions, he asks them! Invariably, the
questions have "yes" answers, such as "You would at least be
interested in hearing about such a fantastic investment
opportunity, wouldn't you?" or "You would like to make a large
amount of money in a short period of time with little or no
risk, right?"
One difference between a reputable investment firm and a
swindler is that reputable firms encourage you to ask
questions, to obtain as much information as possible, to
clearly understand the risks involved, and to be entirely
comfortable with any investment decision you make. The only
thing a swindler wants is your money These are some of the
questions that swindlers don't like to hear:
1. Where did you get my name?
If the response is that you were chosen from a "select list
of intelligent and prudent investors," that select list may be
the telephone directory, or a purchased list of persons who've
bought certain types of books, subscribed to particular
magazines, or responded to newspaper ads. If you have made
ill-advised investments in the past, you can be pretty sure
your name is on someone's alumni list. It's the list swindlers
prize most: Easy preys who are eager to recoup (but are doomed
to repeat) their earlier losses.
2. What risks are involved in the proposed investment?
Except for obligations of the U.S. Treasury, which are
considered risk-free, all investments involve some degree of
risk. And some investments, by their nature, involve greater
risks than others. Keep in mind that if the salesman had
knowledge of a sure-thing, big-profit investment opportunity,
he wouldn't be on the phone talking with you.
3. Can you send me a written explanation of your investment
so I can consider it at my leisure?
For someone peddling fraudulent investments, that can be a
double turnoff. For one thing, most crooks are reluctant to put
anything in writing that might cause them to run afoul of
postal authorities or provide material that, at some point,
might become evidence in a fraud trial. Secondly, swindlers
don't want you to do anything at your leisure. They want your
money now.
Accordingly, it's a good rule of thumb that any investment
which "absolutely has to be made immediately" shouldn't be made
at all. You may not always be right, but you are less likely to
be sorry.
4. Would you mind explaining your investment proposal to some
third party, such as my attorney, accountant, investment
advisor or banker?
If the answer goes something along the lines of "normally,
I'd be glad to, but there isn't time for that," or if the
salesman snaps back by asking "can't you make your own
investment decisions." these are virtually certain clues that
your final answer should be an emphatic "No."
5. Can you give me the names of your firm's principals and
officers?
Although some persons who establish and operate dishonest
firms change their own names as often as they change their
firms' names, even the hint that you are the kind of investor
who checks into things like that can be a fast turn-off for a
swindler.
6. Can you provide references?
Not just another list of other investors who supposedly
became fabulously wealthy (the names you get may be the
salesman's boss or someone sitting at the next phone), but
reputable and reliable recommendations such as a bank or
well-known brokerage firm that you can easily contact.
7. Do you have any documents such as a prospectus or risk
disclosure statement that you can provide?
This may not be available in connection with all types of
investments but in many investment areas--such as securities,
futures and options trading--it's required. And there can be
requirements that you be provided with this information and
acknowledge in writing that you have read and understood it.
Obviously, it's not the sort of information a swindler is likely
to distribute.
8. Are the investments you are offering traded on a regulated
exchange, such as a securities or futures exchange?
Some bona fide investments are and some aren't, but
fraudulent investments never are. Exchanges have strict rules
designed to assure fair dealing and competitive price
determination. There are also in-place mechanisms to provide
for rule enforcement and to impose severe sanctions against
those who fail to observe the rules.
9. What governmental or industry regulatory supervision is
your firm subject to?
If the salesman rattles off a list that ranges from the FBI
to the Boy Scouts, tell him you'd like to check the firm's good
standing before making an important investment decision. Then
verify the response. Few things discourage a swindler faster
than the thought that his first visitor the next morning may be
from a regulatory agency.
If, on the other hand, you are told his particular area of
investment isn't subject to regulation (perhaps because
everyone in his business is an ethical, upstanding citizen),
take that explanation for whatever you think it's worth. At the
very least, keep in mind that any ongoing supervision which
isn't being provided by a regulatory organization or agency
will have to be provided by you.
10. How long has your company been in business?
In any kind of business activity, there can be advantages
to dealing with a known, established company. This isn't to say
that new businesses aren't starting up all the time or that the
vast majority aren't perfectly reputable. But if you find
yourself talking with someone who doesn't seem to have a past,
it can be worthwhile to find out why. Many swindlers have been
running scams for years but understandably aren't anxious to
talk about it.
11. What has your track record been?
Before you accept a salesman's assurance that he can make
money for you, you have the right to know what his performance
has been in making money for others. And ask to have the
information (if there is any) in writing. Boasting over the
phone is one thing; putting it down on paper is quite another.
In any case, even if you are able to obtain a documented
performance record, don't lose sight of the fact that past
performance in itself provides no assurance of future
performance.
12. When and where can I meet with you or with another
representative of your firm?
Chances are a crooked operator--particularly if he is
operating out of a telephone boiler-room--isn't going to take
the time to visit with you and even more certainly doesn't want
you to see his place of business.
13. Where, exactly, will my money be? And what type of regular
accounting statements do you provide?
In many investment areas, such as futures trading, firms
are required to maintain their customers' funds in segregated
accounts at all times. Any mingling of investors' funds with
those of the firm or its principals is prohibited. You might
also want to find out what, if any, routine outside audits the
firm's account records are subject to.
14. How much of my money would go for commissions, management
fees and the like?
And ask whether there will be other costs such as interest
or storage charges, or whether the investment agreement involves
any type of profit sharing arrangement in which the firms'
principals participate. Insist on specific answers, not glib
and evasive responses such as "that's not important" or "what's
really important is how much money you are going to make." And,
again, get it in writing, just as you would any other type of
contract.
15. How can I liquidate (i.e. sell the item I'd be investing
in) if and when I decide I want my money?
If you find that the investment is illiquid, or there would
be substantial costs if liquidated, or that you are unable to
get straight and solid answers, these are all things to consider
in deciding whether you want to invest.
16. If disputes should arise, how can they be resolved?
Short of having to go to court to sue someone, does the
company or regulatory organization provide a mechanism for
resolving disputes equitably and inexpensively through
arbitration, mediation, or a reparations procedure? Aside from
seeking important information, you may be able to detect whether
the salesperson is uncomfortable or impatient with this line of
questioning. Swindlers generally will be.
Before You Invest, Investigate
Asking some or even all of the questions just suggested
isn't likely to produce straight answers from a crooked
investment promoter but, as indicated, the very fact that you
are asking such questions can be a turn-off. Bear in mind,
however, that no matter how persistently or skillfully you pose
the questions, experienced con men are at least equally skilled
in evading them, in providing downright dishonest answers, and
in refocusing the conversation on your "tremendous profit
opportunity."
Bear in mind also that, while separating you from your
money is the swindler's primary goal, the very last thing he
wants you to do is check him out. That could cause you not to
invest or, worse still, alert regulators that someone they know
well has set up shop in a new area or is running a new scam.
For this reason, most con men deliberately make themselves
difficult to investigate: By tailoring their schemes to operate
in regulatory cracks where federal or national regulatory
organizations may lack clear-cut jurisdiction; by operating in
states or communities where authorities are known to be
short-staffed or occupied with more pressing criminal
activities; by changing their names or modus operandi, by
stressing the urgency of the investment so you won't have time
to investigate; and by targeting victims who may not know how
or where to check them out.
Moreover, as described in swindle scenarios on pages 8,
9, and 10 of this booklet, con men have numerous and ingenious
ways of seeking to convince you there is no need to investigate.
For example, your friends, neighbors or business associates
invested and they made money, right? That, of course, is why
ever-popular Ponzi schemes (named after the first person to
perfect the referral technique) are so prevalent--and why you
should never make investments based on tips, no matter how
trustworthy the source.
While there is no way to know for certain whether a
particular investment will make money or lose money, there is
one thing you can be certain of: Any money you hand over to an
investment swindler is lost the moment you part with it. The
question is, how do you check out someone who is offering what
sounds like an irresistible investment offer? Here are some of
the ways:
* Find out whether the local police department or Better
Business Bureau has complaints on file.
If so, you can make your investment decision accordingly.
But be aware that the absence of local complaints doesn't
necessarily mean a firm or individual is on the up-and-up.
It may simply mean that investors haven't yet become aware
that they've been bilked. Or it may mean you will have the
distinction of becoming the first victim in town. It could
also mean that other victims have been too embarrassed to
report their losses. Regrettably, that's not uncommon.
* Make a phone call to the financial editor of your local
newspaper.
Although newspapers don't give endorsements or make
investment recommendations, they may be aware of a swindler
who is working a scam in the area--and may even have
published a warning article that you happened to miss. Then
too, if readers are being pitched with suspicious-sounding
investment offers, that's something an investigative
reporter might want to look into.
* If the investment offer isn't local, don't be reluctant to
make a long distance phone call or two.
It could be that the police, Better Business Bureau or
newspaper in the community where the offer is coming from
will be able to provide information. Again, however, even
the absence of such complaints doesn't necessarily mean the
firm is legitimate. Some swindlers--particularly telephone
boiler-room operators--try to maintain a low profile in
their local areas. That lessens the likelihood of their
coming to the attention of local authorities; it prevents
prospects from dropping by to see their operations; and it
makes it more difficult for out-of-towners to discover what
they are up to.
* Check to see if your city or state has a consumer
protection agency.
Many do. If so, there may be information there about the
person or firm that's offering the investment you are
interested in. In any case, the agency should be able to
provide names, addresses and phone numbers of other places
you can check.
* Contact regulators.
The majority of individuals and companies offering
investments to the public are subject to some sort of
regulation--and may be subject to multiple regulation.
Those which trade in futures contracts and options on
futures contracts are regulated by the Commodity Futures
Trading Commission, a federal agency, and by National
Futures Association, an industry-wide self-regulatory
organization authorized by Congress. In the securities and
securities options business, the federal regulatory agency
is the Securities and Exchange Commission. There is also an
industry self-regulatory organization, the National
Association of Securities Dealers.
The Federal Trade Commission has jurisdiction over
advertising, franchises and business opportunities. Deals
involving interstate promotion of land sales are regulated by
the federal Department of Housing and Urban Development.
By contacting the appropriate regulatory organization, you
can generally find out whether the firm or person is properly
registered to engage in that type of business and whether any
public disciplinary actions have been taken against them. A
list of some of the regulators you can check with is provided
on the inside back cover of this booklet.
* Write or phone law enforcement agencies.
Whether or not a person or firm is subject to the scrutiny
of a regulatory organization, the fact is that fraud is against
the law in every state of the nation. And if it involves
interstate commerce--including the use of the mails or phone
lines--federal criminal statutes apply. If an investment sounds
suspicious, check with the appropriate agency. They may be able
to furnish information or conduct an investigation of their own.
The following are some you could contact:
The office of the local public prosecutor, the state
attorney general, and the state securities administrator.
Someone in the local courthouse should be able to give you
names, addresses and phone numbers.
If the mails are used in promoting or operating a phony
investment scheme, federal Postal Inspectors want to know about
it. The postmaster in your community can put you in touch with
them. Fraud involving any form of interstate commerce is also
of interest to the Federal Bureau of Investigation. The nearest
office should be listed in your phone directory. The listing on
the inside back cover of this booklet includes headquarter
addresses of the U.S. Postal Inspector in Charge and the FBI.
Sure it can take some time, effort and possibly expense to
thoroughly check out an investment proposal, but if you have
any doubt about whether it's worth the trouble, talk with people
who didn't and wish they had!
Finally, Don't Lose Touch with Your Money
The need to exercise good financial sense doesn't stop once
you've decided to invest. It's possible, all your precautions
notwithstanding, that you may have turned your money over to a
swindler. It's also possible that what didn't start out to be a
swindle may turn into one if the promoter finds himself in
financial trouble or with too many poor investments on his
hands. That can lead to cover-up bookkeeping or, worse yet, a
decision by the promoter to take flight with what's left of his
customers' money.
It's important to continuously monitor your investments
and to be alert for any telltale signs that things aren't quite
the way they should be. The person who sold you the investment,
for example, may suddenly become inaccessible--continuously
tied up on the telephone or unwilling to return your calls,
busy with clients, or out-of-town on important business
matters. Or various documents or accounting statements you were
promised don't arrive. Or information you do receive is vague
or at variance from what you had been led to expect. Or money
that was supposed to have been paid to you isn't received, and
instead of checks you get excuses.
If you become suspicious or overly uncomfortable with an
investment you've made--and if you are unable to totally
resolve your concerns--the best thing you can do is try to get
out of it. And do so as quickly as possible. That means
demanding your money back, accompanied, if necessary, by threats
to contact authorities.
You might or might not get it. The best you can hope for,
if indeed there's fraud involved, is that the swindler may
decide to refund your money rather than risk having you blow
the whistle while he is still on the prowl for new investors.
If that happens, consider yourself more fortunate than most.
Be aware, if you do decide to try and get a refund, that
the person who was smooth-talking enough to get your money in
the first place will unleash all his skills to persuade you to
leave it with him. No doubt, he will have some answer for all
of your concerns. And some explanation for all apparent
irregularities. And, no doubt you will be told that backing out
now would be anything from contractually illegal to a terrible
financial mistake. Swindlers figure that every once in a while
some of their more fidgety investors simply have to be
reconvinced. He may tell you that you are so close to making
really big money, or the investment now looks even more
profitable than originally expected.
Believe him at your own peril.
If you do insist on a refund of your investment, insist on
it immediately Ask to pick it up yourself, or offer to pay the
cost of having it sent by overnight mail or wired directly to
your bank. Don't settle for "it will take a week or two" or
"the check is in the mail." As everyone knows, checks seem to
be lost more often than any other type of mail!
If you don't get your investment back (and chances are you
won't), or even if you do and still suspect a swindle, report
it promptly to the appropriate authorities and regulatory
officials. They may be able to conduct an investigation and, if
called for, seek legal action to impound whatever funds the
firm still has.
Bottom line, the unfortunate reality is that very few
victims of investment fraud ever again see a cent of their
money. It's also a reality that the business of swindling will
continue to flourish as long as unwary investors provide prey
for unscrupulous promoters. Hopefully, the information in this
booklet--if heeded--will help to assure that a swindler's next
fortune won't be made at the expense of your misfortune.
6/92
Below is a list of names, addresses and phone numbers of
organizations and agencies noted in this brochure:
Commodity Futures Trading Commission
2033 K St., N.W.
Washington, D.C. 20581
202.254.6387
Federal Bureau of Investigation
Justice Department
9th St. & Pennsylvania Ave., N.W.
Washington, D.C. 20535
202.234.3691
Federal Trade Commission
6th St. & Pennsylvania Ave., N.W.
Washington, D.C. 20580
202.326.3650
Housing and Urban Development Department
Interstate Land Sales Registration
HUD Building
451 7th St., S.W. Room 6262
Washington, D.C. 20410-8000
202.755.0502
National Association of Securities Dealers
1735 K St., N.W.
Washington, D.C. 20006
202.728.8044
National Futures Association
200 W. Madison, Suite 1600
Chicago, IL 60606-3447
Toll Free: 800.621.3570
In IL: 800.572.9400
Securities and Exchange Commission
450 Fifth St., N.W.
Washington, D.C. 20006
202.728.8233
United States Postal Service
Chief Postal Inspector
Room 3021
Washington, D.C. 20260-2100
202.268.4267
Copyright * 1987 by National Futures Association
