Red Flags

Obviously, if you lose all or a major portion of your investment in a relatively short period of time, you should consult a financial misconduct attorney to see if investment abuse played any role in the loss. But you might be able to avoid that big loss if you notice the warning signs that a financial professional is untrustworthy or may be seeking to take advantage of you. Here are some things to watch out for:

• The broker is seeking your business by claiming an affiliation with your club, church, support group, or other group of which you’re a member. While he may be on the level, some brokers engage in what is known as “affinity fraud,” scamming folks by appealing to their affinity for members of a particular group.
• The information on your new account form is incorrect. A broker who can’t be trusted often will list incorrect information on your opening account documents. For example, he might say that you’ve traded options when you haven’t, that you have ten years experience in the market when all you’ve done is allocate the funds in your 401k account, or that you’re risk tolerance is moderate or aggressive when you actually told him you want safe, conservative investments.
• The broker pressures you for an immediate decision. No reputable broker does this. If your broker tells you must "buy today" she may be trying to meet her monthly sales quota or she may be pressuring you into acting without being fully informed.
• The broker claims to have “inside information” or private knowledge that he’s sharing with only a few people. Ask yourself why you should be one of the fortunate few. Then realize you probably aren’t and say you’re not interested.
• The broker guarantees a certain result or promises you a return that sounds too good be true. Brokers are not allowed to make guarantees. And when it comes to investing, if something sounds too good to be true, you should assume it isn’t true.
• The broker refuses to give you copies of the forms and agreements that are completed when you open your account. You definitely should consider going elsewhere.
• You are finding discrepancies in account statements or are not receiving documents you should be receiving. Contact your broker and ask about it. If she blames computer glitches, tells you to ignore the mistakes, or gives you any other questionable answer, call the branch manager and ask for confirmation of what you’ve been told. If the branch manager also happens to be your broker, talk to someone outside the branch office, such as a Regional Manager or someone in the firm's Compliance Department.
• Your broker has stopped calling. Perhaps he doesn't want you to pay close attention to your investments because he's draining your account.
• Your broker fails to return your call. She may want to avoid your questions and concerns while she continues to profit at your expense.
• Your broker calls you too often. He may be churning your account.
• You have been contacted by management personnel of your broker's office. They may say they are doing a routine audit, or just checking to see if you’re happy with the way your account is being handled, but their call or letter most likely was prompted by some particular type of activity they noticed in your account, such as frequent or short-term trading or the existence of a high margin balance. Follow up and ask precisely why you have been contacted.

If you believe you may be a victim of investment fraud, please contact the financial misconduct lawyers at Hermann, Cahn & Schneider today. Our attorneys know the financial services industry from the inside out and are skilled at determining whether or not your investment losses are due to fraud or abuse. To discuss your circumstances, please contact us today.