Top Investor Threats

The following is a list compiled by the North American Securities Administrators Association of the top financial products and practices that threaten to trap unwary investors and small business owners: Unregistered Products / Unlicensed Salesmen: The offer of securities by an individual without a valid securities license should be a red alert for investors. Con artists also try to bypass stringent state registration requirements to pitch unregistered investments with a promise of “limited or no risk” and high returns. Promissory Notes: In an environment of low interest rates, the promise of high-interest-bearing promissory notes may be tempting to investors, especially seniors and others living on a fixed income. Promissory notes generally are used by companies to raise capital. Legitimate promissory notes are marketed almost exclusively to sophisticated or corporate investors with the resources to research thoroughly the companies issuing the notes and to determine whether the issuers have the capacity to pay the promised interest and principal. Most promissory notes must be [...]

Labor Department Ready To Advance Final Fiduciary Rule

The Department of Labor is ready to advance as soon as the end of the month a final rule that would raise investment advice standards for retirement accounts. The department is trying to get the rule to the Office of Management and Budget ("OMB") for review by January 31, according to a report published by Politico. The review could take up to 90 days, but could be expedited and finished within four to six weeks. Once the office has approved the rule, it would be sent back to the Labor Department, which would then publicly release the final rule in the spring. “The rumor mill is very active,” says Fred Reish, a partner at Drinker Biddle & Reath. “The prevailing thinking is that the final package of the regulation and exemptions will go to OMB in the next three weeks and could go any day now. The tea leaves say that the fiduciary package will be … published in the Federal [...]

Banker Who Faked His Own Death Barred From Securities Industry

The SEC has barred from the securities industry Aubrey Lee Price, an imprisoned former Georgia investment adviser who pleaded guilty in 2014 to a massive fraud that helped bring down his troubled bank and cheated his clients out of millions of dollars. The penalty is inconsequential as Price is expected to spend three decades in federal prison. He submitted his offer to be banned from the industry in August, and the SEC accepted it this week, thus resolving the SEC's civil action against him. Price had disappeared in 2012, having written suicide notes confessing to defrauding his clients and Montgomery Bank & Trust. In some of the notes, he detailed his intent to jump from a ferry in Florida. A Florida judge declared Price legally dead roughly six months after he disappeared, but federal authorities never believed that he was actually dead. On New Year's Eve 2013, Price was captured in a routine traffic stop on I-95 near Brunswick, Georgia. [...]

SEC Charges Edward Durante With Securities Fraud

The SEC charged Edward Durante, a recidivist securities law violator, with operating a multi-year offering fraud that targeted investors in New England, Ohio, and California. The SEC’s complaint alleges that between 2012 and 2014, Durante defrauded at least 50 relatively unsophisticated investors of at least $11 million through the sale of securities of VGTel, Inc., a shell company he controlled. According to the SEC’s complaint filed in federal district court in Manhattan, Durante defrauded investors by selling approximately six million shares of VGTel stock to investors using a fictitious name to hide his criminal past and lying to investors regarding the use of stock sale proceeds. Durante also bribed investment advisers, who advised their clients to purchase VGTel stock without disclosing to their clients that they had been bribed. Durante also engaged in matched trading of VGTel stock with a stockbroker to artificially control the stock’s market price. The SEC’s complaint charges Durante with violating Sections 17(a) of the Securities Act [...]