Ohio Division of Securities Your Name Here Investment Fraud and Investor Protection.
-
Upload
andrea-lang -
Category
Documents
-
view
215 -
download
2
Transcript of Ohio Division of Securities Your Name Here Investment Fraud and Investor Protection.
Ohio Division of SecuritiesOhio Division of Securities
Your Name Here Your Name Here
Investment Fraud and Investor ProtectionInvestment Fraud and Investor Protection
INVESTMENT SCAMSINVESTMENT SCAMS
Over $10 Billion a yearOver $10 Billion a year
$1 million every hour$1 million every hour
All educational and income All educational and income levelslevels
Division of SecuritiesDivision of Securities
Licensing SectionLicensing Section
Registration SectionRegistration Section
Enforcement SectionEnforcement Section
Don’t become a VictimDon’t become a Victim..
Who Needs to be Licensed?Who Needs to be Licensed?
SalespersonsSalespersons
Brokerage FirmsBrokerage Firms
Investment AdvisersInvestment Advisers
Investment Adviser RepresentativesInvestment Adviser Representatives
Central Registration Depository Central Registration Depository (CRD)(CRD)
Salesperson’s Employment HistorySalesperson’s Employment History Customer ComplaintsCustomer Complaints Pending ArbitrationPending Arbitration Criminal HistoryCriminal History Actions by other Regulatory AgenciesActions by other Regulatory Agencies
Investment Advisers stand in a fiduciary
capacity with their clients.
Securities Salespeople are Securities Salespeople are Prohibited from:Prohibited from:
Making False Representations of Making False Representations of Material Fact (i.e.Lying)Material Fact (i.e.Lying)
Omitting to Disclose Material Omitting to Disclose Material Information (i.e. not telling you Information (i.e. not telling you important things)important things)
Selling Unregistered SecuritiesSelling Unregistered Securities
Securities Salespeople are Securities Salespeople are Prohibited from:Prohibited from:
Recommending Unsuitable SecuritiesRecommending Unsuitable Securities Executing Unauthorized TransactionsExecuting Unauthorized Transactions Excessive Trading in Your Account Excessive Trading in Your Account
(Churning)(Churning) Charging a Price not reasonably related to Charging a Price not reasonably related to
the Market Pricethe Market Price Receiving Excessive CommissionsReceiving Excessive Commissions Guaranteeing against LossesGuaranteeing against Losses
Securities Investor Protection Securities Investor Protection Corporation (SIPC)Corporation (SIPC)
Coverage provides losses suffered by Coverage provides losses suffered by investors in the event of financial investors in the event of financial difficulties of a brokerage firm.difficulties of a brokerage firm.
Provides coverage up to $500,000.Provides coverage up to $500,000.
Registration of SecuritiesRegistration of Securities
All Securities sold in All Securities sold in the State of Ohio the State of Ohio must be Registered must be Registered or properly Exempt or properly Exempt from Registration.from Registration.
Registration ProcessRegistration Process
Review Terms and Conditions of Review Terms and Conditions of Offering.Offering.
Review Literature in Connection with Review Literature in Connection with Offering. (prospectus)Offering. (prospectus)
Not an endorsement, but a statement that Not an endorsement, but a statement that offering has met the minimum requirements offering has met the minimum requirements of the Ohio Revised Code.of the Ohio Revised Code.
Enforcement SectionEnforcement Section
Investigates alleged Investigates alleged violations of the Ohio violations of the Ohio Securities Act and Securities Act and takes action when takes action when necessary.necessary.
INVESTMENTSINVESTMENTS
Characteristics of a ScamCharacteristics of a Scam
Guaranteed ReturnsGuaranteed Returns Promise of Quick Promise of Quick
ProfitsProfits Inside InformationInside Information Refusal to send Refusal to send
Written InformationWritten Information Calls coming from Calls coming from
distant cities/statesdistant cities/states
Reluctant to provide Reluctant to provide Information about Information about sales person or firmsales person or firm
Unusual Unusual arrangements for arrangements for payment.payment.
Poorly presented Poorly presented Financial ProductsFinancial Products
Types of Investment FraudTypes of Investment Fraud
PONZI SchemesPONZI Schemes
Promissory NotesPromissory Notes
Viatical SettlementsViatical Settlements
Franchise/Business Franchise/Business OpportunitiesOpportunities
International International InvestingInvesting
Boiler roomsBoiler rooms
Boiler RoomBoiler Room
QuickTime™ and aSorenson Video decompressorare needed to see this picture.
Boiler RoomsBoiler Rooms Call people in other statesCall people in other states
Mooch listsMooch lists
Answer for every objectionAnswer for every objection
Little or no riskLittle or no risk
High rate of return & secret tipsHigh rate of return & secret tips
Boiler RoomsBoiler Rooms Demand immediate actionDemand immediate action
Won’t disclose street Won’t disclose street addressaddress
Avoid U.S. mailsAvoid U.S. mails
Stall with excusesStall with excuses
Disappear when heat’s onDisappear when heat’s on
Pyramid SchemesPyramid Schemes
Pyramid Pyramid SchemeScheme
Profit or cut for Profit or cut for recruitingrecruiting
No product or No product or way too high way too high priced productpriced product
Unrealistic Unrealistic claimsclaims
Network Network MarketingMarketing
Commission on Commission on sale of productsale of product
Not paid for Not paid for recruitsrecruits
Tangible product Tangible product or serviceor service
Fair market priceFair market price
Ponzi SchemesPonzi Schemes Type of pyramid Type of pyramid
schemescheme
Use later investors’ $ to Use later investors’ $ to pay off early investors - pay off early investors - “songbirds”“songbirds”
Promise very large Promise very large returns in short timereturns in short time
Ponzi SchemesPonzi Schemes
““Can’t lose” way of making Can’t lose” way of making moneymoney
Collapses when # Collapses when # investors waiting for $> # investors waiting for $> # of new investors of new investors
““House of cards” collapsesHouse of cards” collapses
Fraudulent Sales TechniquesFraudulent Sales Techniques
High pressure sales tacticsHigh pressure sales tactics
““Decide now before the opportunity is Decide now before the opportunity is gone” gone”
Promises that sound too good to be truePromises that sound too good to be true
““The investment is risk-free”The investment is risk-free”
Fraudulent Sales TechniquesFraudulent Sales Techniques ““There is no time to provide written There is no time to provide written
information and references”information and references”
““We need your credit card or checking We need your credit card or checking account number” account number”
““We will pick up the money at your We will pick up the money at your home”home”
““You have won a free gift or trip” You have won a free gift or trip”
The best part of my job.The best part of my job.
QuickTime™ and aIomega Buz™ decompressor
are needed to see this picture.
Investor Bill of RightsInvestor Bill of Rights
Right to Information on Right to Information on firm/salespersonfirm/salesperson
Right to Information on Right to Information on Risks/ObligationsRisks/Obligations
Right to good adviceRight to good advice Right to all paperworkRight to all paperwork Right to accurate Right to accurate
account statementsaccount statements
Investor Bill of RightsInvestor Bill of Rights Right to have terms Right to have terms
explainedexplained Right to your moneyRight to your money Right to prompt serviceRight to prompt service Right to know what you Right to know what you
are being charged and are being charged and whywhy
Right to State records Right to State records concerning your concerning your broker/salespersonbroker/salesperson
Warning SignsWarning Signs
High Pressure Sales Tactics - Must Act Now !High Pressure Sales Tactics - Must Act Now !
Promises of High Guaranteed ReturnsPromises of High Guaranteed Returns
Refusal to send you Written Information Refusal to send you Written Information Before you InvestBefore you Invest
If it sounds to good to be true..If it sounds to good to be true..
It Probably Is !!It Probably Is !!
Say No to offers you Say No to offers you are unsure about are unsure about
The fact of the matter is...The fact of the matter is...
Ohio Division of SecuritiesOhio Division of Securities
Hotline:
1-800-788-1194