How Do you Distinguish Between a Scam and a Risky Investment?

Utah Division of Securities has just released a list of the “Top Ten Investor Traps” and I have some observations about it. First of all, here is the list:

  • Exchange-traded funds
  • Foreign exchange trading schemes
  • Gold and precious metals
  • Green schemes
  • Life settlement investments
  • Oil and gas schemes
  • Affinity fraud
  • Undisclosed conflicts of interest
  • Private or special deals
  • “Off the book” deals

The press coverage surrounding this list makes it sound like these are all types of  investment scams, but clearly they are not.  Is the Division intending to imply that an “investment trap” the same as an “investment scam”?  Who knows, but I hope not. Continue reading

How to Make Money from Securities Fraud Without Actually Committing It

On July 15, the U.S. Senate passed the “Dodd-Frank Wall Street Reform and Consumer Protection Act” (the “Act”) otherwise known as the Wall Street Reform bill.  President Obama signed the bill on July 21, 2010 putting into place the most significant and sweeping changes to our country’s financial regulatory system since the Great Depression.

 

The Act includes a new whistleblower program that could pay potentially large cash rewards to individuals who report securities violations to the Securities and Exchange Commission (“SEC”). For the first time in history the SEC has been authorized to pay whistleblowers at least 10%—and up to 30%—of monetary sanctions obtained in a successful enforcement action by the SEC, as long as the sanction obtained is more than $1 million.  It also contains new protections from retaliation by companies against whistleblowers. Continue reading