affinity fraud - how to avoid investment scams that target

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Page 1: AFFINITY FRAUD - How To Avoid Investment Scams That Target
Page 2: AFFINITY FRAUD - How To Avoid Investment Scams That Target
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AFFINITY FRAUD

How To Avoid Investment ScamsThat Target Groups

What is an Affinity Fraud?

Affinity fraud refers to investment scams that prey uponmembers of identifiable groups, such as religious or ethniccommunities, the elderly, or professional groups. Thefraudsters who promote affinity scams frequently are - orpretend to be - members of the group. They often enlistrespected community or religious leaders from within thegroup to spread the word about the scheme, by convincingthose people that a fraudulent investment is legitimate andworthwhile. Many times, those leaders become unwittingvictims of the fraudster's ruse.

These scams exploit the trust and friendship that exist ingroups of people who have something in common. Becauseof the tight-knit structure of many groups, it can be difficultfor regUlators or law enforcement officials to detect an affinityscam. Victims often fail to notify authorities or pursue theirlegal remedies, and instead try to work things out within thegroup. This is particularly true where the fraudsters haveused respected community or religious leaders to convinceothers to join the investment.

Many affinity scams involve "Ponzi" or pyramid schemes,where new investor money is used to make payments toearlier investors to give the false illusion that the investmentis successful. This ploy is used to trick new investors toinvest in the scheme and to lull existing investors intobelieving their investments are safe and secure. In reality,the fraudster almost always steals investor money forpersonal use. Both types of schemes depend on anunending supply of new investors - when the inevitableoccurs, and the supply of investors dries up, the wholescheme collapses and investors discover that most or all oftheir money is gone.

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How To Avoid Affinity Fraud

Investing always involves some degree of risk. You canminimize your risk of investing unwisely by asking questionsand getting the facts about any investment before you buy.To avoid affinity fraud and other investment scams, youshould:

Do your homework.Check out everything - no matter how trustworthy the personseems who brings the investment opportunity to yourattention. Never make an investment based solely on therecommendation of a member of an organization or religiousor ethnic group to which you belong. Investigate theinvestment thoroughly and check the truth of everystatement you are told about the investment. Be aware thatthe person telling you about the investment may have beenfooled into believing that the investment is legitimate when itis not.

Avoid high-return "risk free" investments.If an investment seems too good to be true, then it probablyis. Be extremely leery of any investment that is said to haveno risks; very few investments are risk-free. The greater thepotential return from an investment, the greater your risk oflosing money. Promises of fast and high profits, with little orno risk, are classic warning signs of fraud.

Get it in writing.Be skeptical of any investment opportunity that is not inwriting. Fraudsters often avoid putting things in writing, butlegitimate investments are usually in writing. Avoid aninvestment if you are told they do "not have the time toreduce to writing" the particulars about the investment. Youshould also be suspicious if you are told to keep theinvestment opportunity confidential.

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Take your time.Don't be pressured or rushed into buying an investmentbefore you have a chance to think about - or investigate - the"opportunity." Just because someone you know mademoney, or claims to have made money, doesn't mean youwill too. Be especially skeptical of investments that arepitched as "once-in-a-lifetime" opportunities, particularlywhen the promoter bases the recommendation on "inside" orconfidential information.

Be careful online.Fraudsters are increasingly using the Internet to targetparticular groups through e-mail spams. If you receive anunsolicited e-mail from someone you don't know, containinga "can't miss" investment, your best move is to pass up the"opportunity" and forward the spam to us [email protected].

Examples of Affinity Fraud Schemes

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

Ponzi scheme targeted African-Americansand Christians

Defendants perpetrated an affinity fraud, raising at least$16.5 million from mostly African-Americans and Christiansby falsely representing they would receive returns throughinvestments in, among other things, real estate, smallbusinesses, and "markets of the world."

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California Investment Adviserbilked Korean Investors

Investment adviser raised more than $36 million by inducingmembers of the Korean-American community to invest fundswith promises of large returns. Investors funds were notinvested in accounts of a New York brokerage firm asrepresented; rather defendants put funds in bank accountsand fabricated monthly account statements. The adviser haspleaded guilty to related criminal charges.

Armenian-American communityloses more than $19 Million

This affinity fraud targeted Armenian-Americans with littleinvestment experience, for some of whom English was asecond language. The architect of this fraud was laterindicted.

Fraudulent real estate investment schemedirected at retirees

SEC charged various real estate investment companies andtheir principals with defrauding senior citizens and retireesout of $15 million by conducting transactions in which theyissued promissory notes in real estate investments theyowned and operated. To make the sales, the defendantsmade gross misrepresentations about the financialconditions of their investment companies.

Ponzi scheme solicited elderly membersof Jehovah's Witnesses congregations

The SEC complaint alleges that the defendants operated aPonzi scheme and used investor funds to pay lavishpersonal expenses. The defendants raised over $16 millionfrom more than 190 investors nationwide. Many of thevictims were elderly members of Jehovah's Witnessescongregations and were promised returns of up to 75percent.

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Criminal charges against South Florida manfor $51.9 million fraud

African-American victims of this investment scheme wereguaranteed that their investments would generate a 30%risk-free and tax-free annual return.

"Church Funding Project" costs faithful investorsover $3 Million

This nationwide scheme primarily targeted African-Americanchurches and raised at least $3 million from over 1000investing churches located throughout the United States.Believing they would receive large sums of money from theinvestments, many of the church victims committed tobuilding projects, acquired new debt, spent building funds,and contracted with builders.

Baptist investors lose over $3.5 Million

The victims of this fraud were mainly African-AmericanBaptists, many of whom were elderly and disabled, as wellas a number of Baptist churches and religious organizationslocated in a number of states. The promoter (Randolph, whowas a minister himself and who is currently in jail) promisedreturns ranging between 7 and 30%, but in reality wasoperating a Ponzi scheme. In addition to a jail sentence,Randolph was ordered to pay $1 million in the SEC's civilaction.

More than 1,000 Latin-American investorslose over $400 Million

The victims sought low risk investments. Instead, the twopromoters (who received prison terms of seven and 12 yearsrespectively) misappropriated their funds and lied about howmuch money was in their accounts.

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125 members of various Christian churcheslose $7.4 million

The fraudsters allegedly sold members non-existent"prime bank" trading programs by using a sales pitchheavily laden with Biblical references and by enlistingmembers of the church communities to unwittingly spreadthe word about the bogus investment.

$2.5 million stolen from 100 Texas senior citizens

The fraudsters obtained information about the assets andfinancial condition of the elderly victims who wereencouraged to liquidate their safe retirement savings andto invest in securities with higher returns. In reality, thefraudsters never invested the money and stole the funds.

Where to Go for Help

SEC Investor AdvocacyIf you encounter a problem with an investment or have aquestion, you can contact the SEC's Office of InvestorEducation and Advocacy at:

Securities and Exchange CommissionOffice of Investor Education and Advocacy100 F Street, N.E.Washington, D.C. 20549-0213Telephone: (202) 551-6551 or (800) 732-0330Fax: (202) 772-9295Website: www.investor.gov

You also can send us an online complaint form atwww.sec.gov/complaint.shtml or email us [email protected].

Additional SEC ResourcesIn addition to investor education materials, the SECwebsite includes databases that allow you to begin yourinvestigations about potential investments.

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You can check our EDGAR database for filings filed byregistered securities issuers and mutual fund companiesat www.sec.gov/edgarlsearchedgar/webusers.htm.

Available filings include registration statements, proxymaterials, and periodic reports. If a company is exempt fromthe SEC's registration requirements, EDGAR often referencesthe Form D (notice of exemption) provided by the issuer. Youcan obtain a Form D by calling (202) 551-8090.

Our online brochure Protect Your Money: Check Out Brokersand Investment Advisers, www.sec.gov/investor/brokers.htm.links to the Investment Adviser Public Disclosure website(IAPD). This database includes the registration statementsfiled by investment advisers registered with the SEC and incertain states.

If you have been a victim of a scam, you can check thelitigation section of the SEC's website,www.sec.gov/litigation.shtml, for information about anySEC actions or any investors claims funds.

State RegulatorsWhile the SEC regulates and enforces the federal securitieslaws, each state has its own securities regulator whoenforces what are known as "blue sky laws." These lawscover many of the same activities the SEC regulates, suchas the sale of securities and those who sell them, but areconfined to securities sold or persons who sell them withineach state.

In addition, your state securities regulator can tell youwhether the investment is registered and if the broker andthe broker's firm are licensed to do business in your state.Your state regulator also can check the disciplinary history ofa broker or brokerage firm. Similarly, your state regulatorscan tell you whether an investment adviser is registered withthem.

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You can find out who your state securities regulator is byvisiting the website of the North American SecuritiesAdministrators Association, Inc. (NASAA) at www.nasaa.orgor by calling (202) 737-0900. In addition, NASAA's websiteincludes investor information devoted to affinity fraud. Youalso can call NASAA at (888) 846-2722 to obtain hard copiesof their investor education materials.

Financial Industry Regulatory Authority (FINRA)FINRA, a self-regulatory organization, also regulatesthe brokerage industry. If you have a complaint against aFINRA member firm or one of its employees, you can file acomplaint at:

FINRA Investor Complaint Center1735 K Street NWWashington, DC 20006Fax: (866) 397-3290

You also can file an online complaint by going towww.finra.org.

You can verify registration and disciplinary informationabout an individual broker or brokerage firm by usingFINRA BrokerCheck, www.finrabrokercheck.org. You alsocan call them toll-free at (800) 289-9999.

FINRA's website includes investor resources as well as aninvestors' claims fund page.

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Keep in Touch With UsWe hope that you've found this brochure helpful. Please let us know how itcan be improved.

Securities and Exchange CommissionOffice of Investor Education and Advocacy100 FStreet, N.E.Washington, D.C. 20549-0213Telephone: (202) 551-6551 or (800) 732-0330Fax: (202) 772-9295Website: www.investor.gov

SEC Pub. No. 017 (04109)Edition of 10/07 will be used until exhausted

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