- Litigation Release: SEC v. Allen E. Weintraub and AWMS Acquisitions, Inc., d/b/a Sterling Global Holdings, Case No. 11-21549-CIV-HUCK/BANDSTRA (S.D. Fla.)
- SEC Office of Investor Education and Advocacy Investor Alert: Pre-IPO Investment Scams (March 2011)
- FINRA Investor Alert: “Pre-IPO Offerings – These Scammers Are Not Your Friends”
- Risky Business: “Pre-IPO” Investing
- Questions You Should Ask About Your Investments
In just a few weeks the 2012 Olympic games will be held in London. Law enforcement agencies have issued warnings about the risk of scams. Memories of the phony ticket and package deal scams that hit the games both in Sydney and Beijing have come flooding back. In both events, thousands of victims were tricked into paying for tickets on crooked websites, or paying for packages that either didn’t exist or didn’t include the implied ticket. The 2012 Olympic Games will be opened by Queen Elizabeth on July 27, with an expected audience of 80,000 at the newly built Olympic Stadium. The event will be followed a few weeks later by the Paralympic Games at some of the London venues and the same alert about scam artists has been sounded. The Metropolitan Police of London have even set up a special program, Operation Podium, to counter organized crime. They are particularly concerned about Olympic Games-related scams that target overseas sports enthusiasts. In one bizarre incident, they arrested a man allegedly involved in an online scam that duped one US victim out of more than $200,000. The crooks supposedly claimed to be law enforcement officials and tricked the victim with a bogus contract to provide transportation for police throughout the whole event. At this time, more than 100 people have been arrested for allegedly selling forged tickets and non-existent hotel packages,as well as for running bogus Olympic Games sites. Demand for tickets and hotels is driving up prices, with tickets and hotel rooms selling for more than $1,000 a piece, suggests news reports. According to the London newspaper The Independent, scammers have seized this opportunity to market bogus vacation rentals in and around London, using photographs of genuine properties. Scammers set up promotional websites, take deposits and then shut down and disappear. In some instances,Even legitimate rental agencies have been fooled into accepting scam rentals onto their listings. “It’s an awful state of affairs, and visitors to London must be extremely careful about thoroughly checking the credentials of the agencies they are thinking of booking with, before parting company with their money” stated the owner of one such agency. The fear is that many travelers won’t discover they’ve been scammed until they arrive in London for the 2012 Olympic Games to find the apartment they thought they had rented either doesn’t exist or has been legitimately rented to someone else. In other cases, authorities have warned that even genuine rentals can spring a surprise, when the renter discovers there are a number of hidden charges — like sales tax (VAT), which, in the UK, is currently 20%. The Olympic Games are one of the few events for which people travel from all over the world, often tying in vacations and other tourist activities, so travelers are being warned to be on the lookout for other scams that target tourists. Beware, especially, of pickpockets, who will be out in force in London.
An Advance Fee Scheme happens when a victim pays money to somebody with an expectation of acquiring something of much greater value. This could be in the form of a loan, a contract, or a gift. Once the money is paid the victim obtains nothing of value in return. The diversity of Advance Fee schemes can be as imaginative as the con artist is able to think of enacting. It might comprise the sale of products or services. It might be an offer of investment or even lottery winnings, any other found money or various other opportunities. There are con artists that will offer to provide the victim with some sort of financing if the victim pays the finders fee in advance. They will compel the victim to sign contracts agreeing to pay the fee once the victim has been introduced to a source of financing. The victim learns after the fact that they are indeed ineligible to attain financing. This is only disclosed once the finder’s fee has been paid according to the signed contract. These agreements may even be considered legal. It can only be shown to be illegal if it can be proven that the finder never had an intention or an ability to supply any financing for the victim.
There are people who put themselves forward as legitimate advisors who actually want to steal your money. There are also people who try to take your money by selling you a fictitious investment product or strategy. You need to know how to identify these people to avoid falling for their scams.
What does a scam artist look like?
Scam artists look like you and me. They often look professional. Sometimes they have impressive offices and addresses, so you will think they are legitimate professionals. They can be very intelligent. They know how to be extremely sociable and charming. If you catch them in a lie, they will make up another lie so quickly that you will seldom, if ever, notice.
How does a scam artist do business?
For a scam to work, fraudsters need to gain your complete trust and confidence. They will instill in you a sense of security, and make you feel dependent on them for financial guidance. This will keep you interested in investing more money. They may also encourage you to recruit your friends and family.
After you invest, the contact with the fraudster will dwindle, and it may stop altogether. They will use your financial dependency on them as a threat to stop you from taking any action.
What does a scam artist do with your money?
Sometimes money acquired by the con artist is quickly transferred to an offshore account. In other instances it is simply withdrawn, put in their pockets, and spent on personal items like houses, vacation homes, expensive trips, and cars. By the time you find out about the scam, the money is usually gone.
How can you stop a scam artist?
Even though someone is offering you a great investment and it sounds like you will be missing out if you don’t invest, it’s okay to say ‘no’. This may not be the right investment for you, even if it’s legitimate.
Don’t let the scammer get you twice. Some people go along with another scheme in which the fraudster promises to make good on
the original money lost and generate new returns. Though it is understandable you would want to make up for the money lost,
the usual result is that you lose even more. We can help check out places you are thinking about investing. Call us today if
you have a place you are thinking about investing and are not certain.
H&R Block issued the following statement regarding this tax rebate scam:
“We believe the text was sent by someone with a random list of cell phone numbers, and we have no reason to believe H&R Block’s systems have been compromised. We’re advising recipients not to respond to the text, not to call the number provided, and not to offer any personal information whatsoever. H&R block does not send text or other messages asking clients to provide, update, or confirm sensitive data.”
The tax preparers at H&R Block offer an advance to customers in the form of a prepaid debit card called “The Emerald Card”. This is done as waiting for tax refunds can be inconvenient and time-consuming.
What happens is that scammers send out text messages at random; there is no way for them to know if you do indeed have an emerald card or not, they way they get your information is by saying the card needs to be activated or there is a problem with it. The message looks like it came from H&R Block and asks victims to call a specific phone number. Once on the call, they are greeted with a recorded message that asks them
to key in their full name and card number. When the crooks have this information, they immediately drain the cash from the card by spending it online.
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today charged MBF Clearing Corp. (MBF), a registered futures commission merchant (FCM), with violating the Commodity Exchange Act (CEA) and Commission regulations concerning segregation of customer funds and with supervision failures.
When an FCM deposits its customers’ funds in a bank account, the CEA and Commission regulations require that: the FCM title the account as a customer segregation account; the FCM obtain a written acknowledgement that the bank has been informed that the funds in the account belong to the FCM’s customers and indicates that the funds are separately accounted for and held in accord with the segregation provisions of the CEA; and that the funds must be available in one business day.
According to the CFTC’s complaint, MBF, which from September 2008 through March 2010, routinely held between $30 million and $90 million in customer funds in a non-compliant account, violated all of these requirements. Specifically, the complaint charges that MBF held customer funds in an improperly titled non-segregated money market fund account, which did not carry a legal obligation to make the funds available in one business day, and that because these funds were not properly considered as customer segregated funds, MBF had segregated customer fund deficiencies for more than one year. For example, MBF was deficient by more than $15 million as of month-end for June 2009, which MBF failed to report on its required monthly statement of financial condition to the Commission.
The complaint also charges that MBF failed to obtain and/or keep written acknowledgments for at least six accounts that held MBF customer funds, and for at least two more accounts that held funds invested in foreign futures. The complaint also charges MBF with supervision failures, alleging that MBF did not have written policies or procedures governing the opening and maintenance of customer segregated accounts, and did not implement an adequate supervisory structure to insure the proper segregation of customer funds.
“The CFTC’s segregated account requirements form a pillar of our regulatory scheme,” said David Meister, the Director of the CFTC’s Division of Enforcement. “As should be clear from today’s action, we expect strict compliance with these laws and will go after those that fall short of the mark.”
In the litigation, the CFTC seeks disgorgement of all benefits MBF received as a result of its conduct, civil monetary penalties, and a permanent injunction against further violations of customer segregated funds and supervisory provisions.
CFTC Division of Enforcement staff is responsible for this case are Elizabeth N. Pendleton, Melissa Glasbrenner, William P. Janulis, Rosemary Hollinger, Scott R. Williamson, and Richard B. Wagner.
City Credit Capital also ordered to cease soliciting U.S. customers and to modify website.
Action part of CFTC’s nationwide sweep against foreign currency firms for failure to register under the 2008 Farm Bill, the Dodd-Frank Act, and CFTC regulations which should help protect investors.
Washington DC – The U.S. Commodity Futures Trading Commission (CFTC) obtained a federal court consent order requiring City Credit Capital, (UK) Ltd. (City Credit), of London, U.K., to pay a $140,000 civil monetary penalty to settle CFTC charges. The order finds that City Credit unlawfully solicited U.S. customers to engage in foreign currency (forex) transactions and operated as a Retail Foreign Exchange Dealer (RFED) without being registered with the CFTC (see CFTC Press Release 6108-11, September 8, 2011).
The consent order, entered on March 7, 2012, by Judge Ruben Castillo of the U.S. District Court for the Northern District of Illinois, permanently bars City Credit from engaging in any conduct that violates the Commodity Exchange Act (CEA) and CFTC regulations, as charged. The order also directs City Credit to publish a prominently displayed notice on its website stating that City Credit does not provide services for U.S. customers.
In the forex market, RFEDs and some registered commodity futures brokers may buy forex contracts from, or sell forex contracts to, individual investors who do not possess sufficient net worth to qualify as eligible contract participants (ECPs). These firms are required to register with the CFTC and abide by rules and regulations designed for investor protection, including those relating to minimum capital requirements, recordkeeping, and compliance.
Specifically, the order finds that beginning on October 18, 2010, to October 21, 2011, City Credit solicited orders from low net worth (non-ECPs) U.S. customers to open leveraged forex trading accounts through its website. The order finds that City Credit acted as an RFED by offering to be, and acting as, a counterparty buying and selling forex contracts with U.S. customers without being registered as an RFED. According to the order, City Credit liquidated all of its U.S. customers’ accounts, and no U.S. customers have any open accounts at City Credit.
The CFTC appreciates the assistance of the United Kingdom Financial Services Authority (FSA).
CFTC Division of Enforcement staff responsible for this case are Susan B. Padove, Elizabeth M. Streit, Joy McCormack, Scott R. Williamson, Rosemary Hollinger, and Richard B. Wagner.
CFTC customer protection information for retail forex customers
The CFTC strongly urges the public to check whether a company is registered before investing funds. If a company is not registered, an investor should be wary of providing funds to that company. A company’s registration status can be found on the National Futures Association’s website at http://www.nfa.futures.org/basicnet.
Before investing money in the forex market, the CFTC also strongly urges members of the public to review the CFTC’s forex consumer protection advisories listed below.
CFTC Consumer Advisory Forex Fraud
If it sounds too good to be true, it probably is!
http://www.cftc.gov/enf/enf-forex.htm
Fraud Advisory from the CFTC: Foreign Currency Trading (Forex) Fraud
http://www.cftc.gov/ConsumerProtection/FraudAwarenessPrevention/ForeignCurrencyTrading/index.htm
Foreign Exchange Currency Fraud: CFTC/NASAA Investor Alert
http://www.cftc.gov/ConsumerProtection/FraudAwarenessPrevention/ForeignCurrencyTrading/cftcnasaaforexalert
Joseph L. Autry, Jr. and His Company, Autry Capital Management LLC has an order by Georgia Federal Court for a permanent injunction against them for Commodity Fraud. Additionally, Mr. Autry was sentenced to 27 months in prison for a related criminal action.
Washington, DC – The CFTC ( U.S. Commodity Futures Trading Commission) announced that it has obtained a federal court summary judgment order for a permanent injunction against CFTC defendants Joseph L. Autry, Jr. and his company, Autry Capital Management LLC (ACM), residing in Statesboro, Ga. The order imposes permanent trading and registration bans and a $1,000 civil penalty on Autry and ACM. The court noted that in a related criminal action on July 21, 2011, Autry was sentenced to 27 months in prison and required to pay $155,200 in restitution to defrauded customers (U.S. v. Autry, 6:10-cr-22, Doc 32).
The order states that beginning in 2008, Autry solicited and accepted funds from seven individuals who collectively invested over $265,000 to trade commodity futures contracts through ACM. The order also finds that Autry used portions of customer funds to pay fraudulent returns to previous investors. He also used part of the funds to pay his personal debts and expenses, as well as lost part of the funds through trading, and issued false account statements to some investors showing they had earned profits.
The order, entered by Judge B. Avant Edenfield of the U.S. District Court for the Southern District of Georgia, resolves a CFTC anti-fraud enforcement action filed in September 2010, charging Autry and ACM with fraud, misappropriation, and issuing false statements to customers in connection with a commodity futures Ponzi scheme (see CFTC Press Release 5902-10, September 21, 2010).
The CFTC gives thanks to the Federal Bureau of Investigation and the U.S. Attorney’s Office for the Southern District of Georgia for their assistance.
Linda Y. Peng, David W. MacGregor, Michael McLaughlin, Lenel Hickson, Jr., Stephen J. Obie, and Vincent A. McGonagle are the CFTC Division of Enforcement staff members responsible for this case.
Media Contacts Dennis Holden 202-418-5088
There are a number of ways to invest in gold; common ones include bullion, certificates, and coins. Most people depend on an investment advisor or company to help them choose. Make sure the person or company you choose is licensed with your state securities administrator.
Also, be aware that the U.S. Mint’s American Eagle Gold Bullion Coins are the only gold coins guaranteed by the U.S. government in terms of purity, weight, and content. They’re available from precious metal or collectible coin dealers, certain banks, and brokerage houses. If you’re considering investing in gold, do your homework first. Check with the U.S. Mint.
The Federal Trade Commission is another useful source for information on protecting yourself against scam artists touting coins and precious metals as safe investments to hedge against bad economic times.
Boiler Rooms and Recovery Room Scams
Boiler rooms – the theme of the film of the name six years ago – attempt to persuade investors to purchase shares, but there are also scams involving options, futures and currencies. Some offer shares that promise huge returns but turn out to be worthless; others sell shares in companies that do not even exist. Scamming people for money using the psychology of greed (which we all have in us to a certain degree) is most probably as old as prostitution. 500 years from now it will still be going on and I bet the foundations will be basically the same.
What is a Boiler Room?
The term ‘boiler room’ originates from a time when pushy telemarketers would rent cheap office space in the basement of buildings. These offices were often close to, or actually in, the room where boilers were situated — hence their name. But today, a boiler room is a general term that refers to unregulated companies that use high-pressure selling tactics to flog dubious shares by providing false or misleading information. Basically a boiler room is a place full of salesmen (con men really), who are unregulated, and will cold call you to try and tempt you to part with your money and invest in some “amazing” company which will make you a millionaire. The stocks are usually unlisted and therefore difficult to sell once you have bought them. In reality they are likely to be worthless. They tend to target people who already own shares, and will get your phone number/contact details from lists that they have bought, including shareholder lists. More often than not, they are based overseas. Whatever, you should NEVER deal with them, and NEVER deal with anyone who cold calls you from a company who you have never dealt with before.Another boiler room scam are the newsletters (TODAY’S TOP PICKS!!!). The subway.com just got hit with a big fine for their pump-and-dump act.Also, any company with the word ‘Global’ in its name, especially a financial one is a company best avoided. Case in point Argos Global Equities. Trade on fundamentals, not news. Make sure there is sufficient daily trading liquidity, otherwise the market makers are calling the shots. There is no way in hell I would buy a stock based on an unsolicited phone call, email, etc.Another scam targeting people ‘of a certain age’ revolves around manipulating people to invest in “Regulation S” shares (These are junk (?) shares that are too risky to be sold in the USA but can be pushed to foreigners like us). Regulation S shares come with the secondary scam of a smooth talking lawyer contacting the victim and offering to take up their case and petition to have the shares made freely tradeable. In reality, shocking as it may seem, anyone can set up a company and sell shares to the public in it, you don’t need to be a broker, or to be in possession of a license,and as a result, you have absolutely no protection at all. If a company is genuinely going to float on an exchange, the issue would be handled by a brokerage house, the bigger the better from the company’s point of view. Also, you would see at least some independent press regarding their imminent floatation. Selling stock in an unlisted company is not illegal, neither is selling it without a license, under these kind of circumstances, it is down to the individual to do their own due diligence behind the company promoters.
The Typical Boiler Room Victim
Neil – a 54 year-old victim of a boiler room ‘broker’ comments – : “All I saw was an opportunity to invest in something risky but with a great up-side and the possibility of getting out if the share price dropped. They forgot to mention the shares were restricted until they had me well and truly hooked in. Naive – yes- but common to a lot of people with $$ in their eyes and little experience of share dealing. And you’re right – I’ve not seen a penny of the fantastic’profits’
Profile Victim
If you are male, over sixty years old, reside in the South East or London, and also have some experience in investing |then you’re already a possible target for boiler rooms.Thing to always take into account is the idea that boiler room operators are incredibly good at the things they do — persuade! In accordance with the FSA 15% of victims were swayed to purchase shares in the course of their first call. And nearly half of many victims succumbed because they were called four if not more times!The FSA emphasize that boiler room salesmen often won’t take ‘no’ for the answer.They are able to constantly call a target, attempting to build a relationship and obtain their confidence. They are able to appear knowledgeable and highly professional though they are only attracted to taking your money. Additionally even if they purchased shares, six out of ten targets were pursued for about 30 days, and nearly a quarter said they have been receiving calls coming from the same boiler room for longer than half a year. That’s such that you could wear a lot of people down.
These People will not take No as an Answer
Bligh comments…My parents that are both in their 70s were recently cold called by Argus Global Equities Limited (from Nevis within the Caribbean) and that they spent approximately 1 hour at the phone before convincing my father to put money in GBP1500. They sent him the application forms by email which he was unable to open on account of some virus restriction – this meant Argus needed to post the forms. This gave him a while to discuss with myself in regards to the investment as well as for me to perform a certain amount of digging – after discussing with a financial adviser and forwarding him the resulting information he decided not to go for it in the investment. Naturally, the sales person called back to verify that my father had received the forms and was disappointed that my father was not going ahead in the investment but apparently quite pleasant regarding this – informing my father he ought to keep a close watch on a certain one of many recommended stocks understanding that he should remember GBP1500 have not been a big sum of money too invest.I had been firstly concerned that somebody would consider selling higher risk investments to retired people in their 70′s who probably cannot afford to take a position with this sum of money, and secondly if GBP1500 is taken into account along side them not to be a big sum of money and then it made me think that perhaps my parents will be asked to put money in further sums sooner or later. Having done a Google search It is possible to not find any feedback from investors for this company. What exactly are your ideas for this?Bligh this effect is what could have happened. Basically he invests £1500, the trade surprise…surprise… is quite a winner (although if he decides to profit you will find there is a 99% chance he will never be capable of getting his hands on the ‘profit’ not to mention the first£1500).So say the £1500 travels to £3000. Then he’ll be told to purchase another stock which can likely be another excellent winner. Then comes the best play; ‘Hey Mr Bligh Snr, am I a great broker or what? All you have to do gramps is listen to me and I’ll help you to a ton of money, but let’s not mess around with such small money anymore, what about putting up £20k or perhaps £50k, {just imagine|imagine what you are able to do after i double your hard earned cash, which in turn stock ABC which we’re getting ready to obtain will probably go ballistic, they’ve just found a cure for cancer,will probably be the following google, have developed newer and more effective something etc…Avoid seeking to find feedback, obtain a check of both your along with your father’s greed all humans have it in us) and NEVER send money abroad especially to a tin pot crappy country within the Caribbean. And of course the salesperson all sound very friendly and therefore are very professional simply because firms employ {a number of the world’s best salesman, Why? Since they are capable to as greedy suckers coming from the world throughout are sending them multi millions of pounds a year. As a matter of fact I’d reckon these scammers together rake in between $100-$300 million of profit a year…of course you intend to report them to the FSA use this link
I actually have friends who’ve lived in South East Asia in which a great deal of the boiler rooms can be found. They may be very creative in how they generally do business. The way in which they acquire data bases will amaze you – bribing people in banks, five star hotels, clubs, air lines, accountants, lawyers……….anybody who has usage of lists of individuals with cash to shell out are potential targets. Advertising in magazines is yet another way they generally do it and then they will get responses from those who are curious about investing.They even create legitimate front companies in places like the united states of america or Europe and set up websites as a way to design the picture of the ‘opportunity’ they need and want to sell you. Other areas from where boiler rooms conduct business would be the Philippines (a great deal) South Africa (a considerable increase opening shop), Thailand (not exactly many nowadays), Indonesia and Malaysia (smaller operations). They are in countries where they will be able to bribe the relevant authorities that provides a layer of safeguard against them. I recall once meeting a man who worked in a single one of these boiler rooms and he was pleased with it – bought 3 houses together with the money he made out of robbing people blind and felt nothing whilst functioning.The way in which to not get stung by these folks would be to only put money into shares of companies which are listed on large exchanges just like the FTSE…etc. The next time someone desires to sell you pre IPO stock that’s set to explode and you really are tempted, then take that money to a race track, purchase a drink and figure out if your horse wins – at the very least you’ve got a slight chance of winning and still have some good times whilst performing.Please don’t kill yourself, many of us} live and learn, Treat this being a valuable lesson, to examine things first in small quantity in addition to become more careful. Never become involved in anything you don’t understand, most especially when people you do not know call you unintentionally offering you easy money…In closing, this is a posting coming from the now defunct IC Forum, circa December 2004. You will need to excuse the language, however still the message is the same. Boiler Rooms HURT PEOPLE.