SEC Releases New Alert on Affinity Fraud

Below is a new release from the Securities and Exchange Commission on affinity fraud:

Affinity Fraud:How To Avoid Investment Scams That Target Groups

What is an Affinity Fraud?

Affinity fraud refers to investment scams that prey upon members of identifiable groups, such as religious or ethnic communities, the elderly, or professional groups. The fraudsters who promote affinity scams frequently are – or pretend to be – members of the group. They often enlist respected community or religious leaders from within the group to spread the word about the scheme by convincing those people that a fraudulent investment is legitimate and worthwhile. Many times, those leaders become unwitting victims of the fraudster’s ruse.

These scams exploit the trust and friendship that exist in groups of people who have something in common. Because of the tight-knit structure of many groups, it can be difficult for regulators or law enforcement officials to detect an affinity scam. Victims often fail to notify authorities or pursue their legal remedies and instead try to work things out within the group. This is particularly true where the fraudsters have used respected community or religious leaders to convince others to join the investment.

Many affinity scams involve “Ponzi” or pyramid schemes, where new investor money is used to make payments to earlier investors to give the false illusion that the investment is successful. This ploy is used to trick new investors to invest in the scheme and to lull existing investors into believing their investments are safe and secure. In reality, the fraudster almost always steals investor money for personal use. Both types of schemes depend on an unending supply of new investors – when the inevitable occurs, and the supply of investors dries up, the whole scheme collapses and investors discover that most or all of their money is gone.

How To Avoid Affinity Fraud

Investing always involves some degree of risk. You can minimize your risk of investing unwisely by asking questions and getting the facts about any investment before you buy. To avoid affinity and other scams, you should:

    • Check out everything – no matter how trustworthy the person seems who brings the investment opportunity to your attention. Never make an investment based solely on the recommendation of a member of an organization or religious or ethnic group to which you belong. Investigate the investment thoroughly and check the truth of every statement you are told about the investment. Be aware that the person telling you about the investment may have been fooled into believing that the investment is legitimate when it is not.
    • Do not fall for investments that promise spectacular profits or “guaranteed” returns. If an investment seems too good to be true, then it probably is. Similarly, be extremely leery of any investment that is said to have no risks; very few investments are risk-free. The greater the potential return from an investment, the greater your risk of losing money. Promises of fast and high profits, with little or no risk, are classic warning signs of fraud.
    • Be skeptical of any investment opportunity that is not in writing. Fraudsters often avoid putting things in writing, but legitimate investments are usually in writing. Avoid an investment if you are told they do “not have the time to reduce to writing” the particulars about the investment. You should also be suspicious if you are told to keep the investment opportunity confidential.
    • Don’t be pressured or rushed into buying an investment before you have a chance to think about – or investigate – the “opportunity.” Just because someone you know made money, or claims to have made money, doesn’t mean you will, too. Be especially skeptical of investments that are pitched as “once-in-a-lifetime” opportunities, particularly when the promoter bases the recommendation on “inside” or confidential information.
    • Fraudsters are increasingly using the Internet to target particular groups through e-mail spams. If you receive an unsolicited e-mail from someone you don’t know, containing a “can’t miss” investment, your best move is to pass up the “opportunity” and forward the spam to the SEC at enforcement@sec.gov.

Recent Affinity Fraud Schemes

Affinity frauds can target any group of people who take pride in their shared characteristics, whether they are religious, ethnic, or professional. Senior citizens also are not immune from such schemes. The SEC has investigated and taken quick action against affinity frauds targeting a wide spectrum of groups. Some of our cases include the following:

SEC Obtains Asset Freeze and Other Relief in $4 Million Offering Fraud

The SEC obtained a temporary restraining order and an emergency asset freeze in a $4 million offering fraud and Ponzi scheme orchestrated by a financial planner which targeted members of his church, family members, and friends.

SEC Halts Ex-Marine’s Hedge Fund Fraud Targeting Fellow Military

The SEC obtained an emergency court order to halt a hedge fund investment scheme by a former Marine living in the Chicago area who was masquerading as a successful trader to defraud fellow veterans, current military, and other investors.

SEC Sues to Halt Houston-Area Investment Scheme Targeting Lebanese and Druze Communities

The SEC charged a day trader in Texas with defrauding investors in his supposed high-frequency trading program and providing them falsified brokerage records that drastically overstated assets and hid his massive trading losses. The scheme targeted fellow members of the Houston-area Lebanese and Druze communities, raising more than $6 million over a five-year period from at least 33 investors.

SEC Charges Ponzi Scheme Promoter Targeting Primarily African-American Churchgoers

Ponzi scheme promoter sold promissory notes bearing purported annual interest rates of 12% to 20%, telling primarily African-American investors that the funds would be used to purchase and support small businesses such as a laundry, juice bar, or gas station. Promoter also sold “sweepstakes machines” that he claimed would generate investor returns of as much as 300% or more in the first year.

SEC Charges Company and its Owners with Conducting an Offering Fraud Targeting Christian Investors

Ponzi scheme promoters raised almost $6 million from nearly 80 evangelical Christian investors through fraudulent, unregistered offerings of stock and short-term, high-yield promissory notes issued by their company, which was marketed as a voice-over-internet-protocol video services provider around the world.

SEC Shuts Down Ponzi Scheme Targeting Persian-Jewish Community in Los Angeles

The SEC obtained an emergency court order to halt an ongoing $7.5 million Ponzi scheme that targeted members of the Persian-Jewish community in Los Angeles. The SEC’s complaint alleged that the promoter, himself a member of the Persian-Jewish Los Angeles community, raised funds from 11 investors and used nearly $1.6 million investor funds to buy jewelry, high-end cars, and VIP tickets to sporting events. He lured investors with promises of exorbitant returns in purported pre-IPO shares of well-known companies.

SEC Halts Affinity Fraud Aimed at the Hispanic community

Defendants raised $817,500 from investors representing to them that their funds would be used to develop a financial services firm serving the Hispanic community. The promoter used a large part of the investors’ money to engage unsuccessfully in high risk “day-trading” of stocks, pay personal living, travel and entertainment expenses or make other, unexplained expenditures with no connection to the purported start-up business activities.

SEC Charges Real Estate Developer in Miami Affinity Fraud

Miami-based developer conducted an affinity fraud and Ponzi scheme involving real estate investments that raised $135 million from more than 400 investors, primarily from the South Florida Cuban exile community. Among other things, the developer paid existing investors with new investors’ funds and assigned the same real estate collateral to multiple investors.

SEC Charges South Florida Man in Investment Fraud Scheme

Fraudster raised nearly $11 million claiming returns as high as 26%. He typically met and pitched prospective investors over meals at expensive restaurants in and around Fort Lauderdale.  His clients typically came to him through word-of-mouth referrals among friends and relatives.  A significant number of the victims of his scheme were members of the gay community in Wilton Manors, Florida.

SEC Halts Online Affinity Fraud

Fraudster raised at least $2.4 million from at least five individuals in 2008 and 2009. He offered and sold promissory notes and convinced investors to grant him trading authority over money contained in online brokerage accounts. While doing so, he misrepresented his intended use of the money, the risks of his trading, the source of the money used to pay the guaranteed fixed returns, and falsely guaranteed repayment of investors’ principal.

SEC Charges Money Manager and Two Associates in New York City-Based Affinity Fraud

The SEC charged a purported money manager, his New York City-based investment company, and two of his associates with conducting an affinity fraud and Ponzi scheme that specifically targeted investors living in the Caribbean and African-American communities of Brooklyn.

If you have lost money in an affinity fraud scheme or have information about one of these scams, you should contact:

You also can check the SEC’s Investor Claims Funds webpage for information concerning the appointment of a receiver or claims administrator in any SEC enforcement action.

Additional Information

Investor Alert: Social Media and Investing – Avoiding Fraud

Internet Fraud:  How to Avoid Internet Investment Scams

http://www.investor.gov/news-alerts/affinity-fraud

First Ever Whistleblower Award Given to Utah Man

The Utah Securities Commission recently approved the first ever whistleblower award to a Utah man who provided information to the Utah Division of Securities which formed the basis of criminal charges. According to a Division of Securities press release, the Commission will pay $15,000.00 to a financial advisor in Saint George who reported a suspicious investment one of his clients had made that promised low risk and high returns. This is a very exciting development that demonstrates the Commission’s commitment to eliminating investment fraud in Utah.

The award was granted under the Securities Fraud Reporting Program Act, which was passed by the Utah legislature in 2011. The statute created a reward program designed to pay individuals who provide original information to the Division which forms the basis for a successful enforcement action for fraud or other violations of securities laws. Under the law, if the enforcement action results in the collection of monetary sanctions exceeding $50,000, the person who reported the violation may be entitled to a reward of up to 30% of the amount collected.

To qualify for an award, the individual must provide “original information” to the Division or the Commission, have a “reasonable belief” that the act being disclosed is a violation of securities laws, and provide the information in writing and in compliance with the Utah Administrative Rulemaking Act.

The law provides protections to individuals who report potential violations to the Division, particularly in the case of an employee of a company. Oftentimes, employees of companies that are violating securities laws are in the best position to make these reports, and can do so without fear of retribution.

The Dodd-Frank Wall Street Reform and Consumer Protection Act also created a whistleblower award program in federal cases. Its requirements are similar to those of the state law, but the monetary sanction imposed by the federal agency must exceed $1 million before a whistleblower qualifies for an award. In addition, under Dodd-Frank, the whistleblower may remain anonymous. However, if the whistleblower wishes to remain anonymous the law requires them to hire an attorney.

The lawyers in the Securities Litigation Section at Ray Quinney & Nebeker have experience filing whistleblower claims with both state and federal regulatory agencies. We are committed to ensuring you receive compensation for your decision to blow the whistle on fraud and will work closely with you throughout the entire process of filing the whistleblower claim, during the investigation, and through any appeals if your claim is not approved.

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