| Stock Securities Fraud – Overview
Amazingly enough, stock or securities fraud can
happen to even the individual investor, not only
to multi-million dollar investors. The most at
risk are those investors who are relatively uneducated
or inexperienced in investing, and are not keenly
aware of the pitfalls of the securities market.
Statistics show that retirees, medical doctors,
single parents and those looking for a ‘quick
buck’ or profit are most likely to be victims
of securities fraud.
Securities fraud is defined as the intentional
disregard of the client’s needs for one’s
own gain. These fraudulent actions can include
lying, misrepresentation, untrue statements or
simple outright fraud. Securities fraud can be
committed by a range of individuals and can include
a variety of investment vehicles. However, one
theme remains the same with all securities fraud
cases: they all promise quick profits for little
risk. The old rule of thumb is important to keep
in mind: if it sounds too good to be true, it
is!
Some of the standard securities fraud categories
involving brokers are: intentionally misleading
the client about a stock or risks associated with
an investment; recommending stocks or investments
that are unsuitable for a client’s risk
profile, mostly leading to losses that the client
cannot bear; failure to diversify a client’s
portfolio in line with the risk tolerance or preference
voiced by the client; and ‘churning’
- a very popular technique for brokers to earn
additional commissions by making lots of unnecessary
and unwarranted sales/buys on a client’s
account and earning commissions on each transaction.
The heartbreaking part of securities fraud is
that in a high percentage of cases, investors
are unable to recoup their losses, since the con
artists are long gone before investors realize
that they have been conned out of their life savings
or children’s college fund. However, there
can be successful litigation, if perpetrators
can be found or if the fraud involves established
brokerage houses.
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