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Test Your
Investment IQ
To invest or not? That’s the question when a promoter calls with an
offer that sounds like a sure thing. Fraudulent investment promoters
lure consumers by claiming that the investment can’t miss. But the
promise of big profits usually turns out to be a costly hoax.
Can you tell whether an investment opportunity is solid or risky?
Test your investment I.Q. with this quiz.
1. A promoter tells you he’s selling shares in a partnership. You
confirm that a large, legitimate firm is making huge profits in a
similar business and its stock is doing well. Your promoter says
only a few shares in his partnership remain — and they’ll be gone if
you don’t send your money by wire transfer. Buying into the next
available partnership opportunity will cost three times as much.
_____ SOLID
_____ RI$KY Answer
2. A promoter sends you glossy materials by overnight courier. An
enclosed note mentions that the business is headquartered in New
York, and that offices are located in Chicago, Los Angeles, and
Washington, DC. A call to directory assistance in those cities
confirms that the promoter has addresses in each one.
_____ SOLID
_____ RI$KY Answer
3. A promoter tells you not to worry about any risk in the venture
you’re considering. The investment is bonded and insured for $50
million and you’ve received an insurance policy to prove it. You
call the insurance company and a representative confirms that they
do indeed have a bond for the venture
you’re considering.
_____ SOLID
_____ RI$KY Answer
4. A promoter gives you names of several satisfied customers around
the country. When you call, one claims to be an attorney, another a
small businessman, and a third a retired professional. All say they
have received returns from investing with the promoter and are
making profits.
_____ SOLID
_____ RI$KY Answer
5. In a phone call, a promoter says the investment he’s offering is
expected to return about 30 to 40 percent a year, beginning in about
12 months. Best of all, based on the track record, he says there’s
no significant risk.
_____ SOLID
_____ RI$KY Answer
6. A promoter tells you on the phone that the investment he’s
offering is expected to return about 30 to 40 percent annually
within about a year — and your entire investment in 18 months. You
check the written materials he sent and find a disclosure: The
investment is high-risk and you could lose all your money. You don’t
find any written claims about the returns.
_____ SOLID
_____ RI$KY Answer
7. Because you’re considering investing in a venture in the state of
Heartland, you call the Better Business Bureau and Attorney
General’s Office in the state capital. They tell you there are no
complaints against the company. You do some research and find an
article on your venture in a local Heartland business paper. The
article states that your venture is a multi-million dollar
investment firm and its principals have been in the investment
business for a combined 30 years.
_____ SOLID
_____ RI$KY Answer
8. A promoter tells you his company has structured an investment
opportunity as a debt-free general partnership. The partnership will
raise capital for a sure-fire high-tech telecommunications business
in rural areas. Large corporations are just getting into the
business, but because of legal restrictions and profit margins,
they’re getting into large national markets only.
_____ SOLID
_____ RI$KY Answer
9. A promoter says your investment has been approved as safe for IRA
funds. He sends you printed forms for a company known as IRA-USA.
When you call IRA-USA, a representative tells you that the company
manages $100 million in IRA funds. You call IRA-USA’s bank.
IRA-USA’s bank tells you IRA-USA has over $100 million in its
accounts.
_____ SOLID
_____ RI$KY Answer
10. You’re considering buying a $10,000 share in a $10 million
venture that you learned about through a telemarketer. You see the
following chart on the promotional materials you got in the mail:
ESTIMATED USE OF PROCEEDS:
Asset Acquisition: 50% $5,000,000
Marketing Costs: 15% $1,500,000
Offering Costs: 10% $1,000,000
Working Capital: 15% $1,500,000
Consulting Fees: 10% $1,000,000
The promoter tells you that sales commissions do not exceed 10
percent and that the remainder of the money raised will finance your
venture.
_____ SOLID
_____ RI$KY Answer
What’s Your Score?
1. RI$KY. Even before they’ve sold the first
share of stock, scam artists tell investors that only a few shares
are left. But high-pressure sales tactics always mean high-risk
investments, and investing thousands of dollars overnight is high
risk. Don’t let any promoters fool you by equating their ventures
with those of large corporations. The only track record that matters
has to do with the specific venture you’re considering.
2. RI$KY. Anyone can rent luxury office
space — even fraudulent promoters. But it’s more likely that they
have a “mail drop” at a luxurious address — a rented box for
receiving mail that is forwarded to another location. In fact, each
of the “offices” may be a mail drop, an apartment, or even a boiler
room. As for glossy promotional materials, they are essential tools
of the trade. Scam artists know that these materials may be your
main source of information; they’re willing to spend money to lend
credibility and sophistication.
3. RI$KY. Before you rely on an insurance or
bonding company, use independent resources to verify that: the
insurance or bonding company exists; the policy exists; the
insurance or bonding company has the assets to pay the investors;
and the investors are the beneficiaries of the policy, not the
promoters. Verifying a successful history of under-writing
investments is the only way to make this information useful.
4. RI$KY. The people you talked with may be
“singers” paid by the company to give a good recommendation. Even if
references are investors and exactly who they say they are, a
promoter may be paying them special “dividends” — to induce them
into giving positive references.
5. RI$KY. High returns carry a high degree
of risk. A salesman who doesn’t disclose this is being dishonest.
Even investing in the stock market is risky: The market can turn
down.
6. RI$KY. Get profit projections in writing.
Ask for evidence of the promoter’s profit projections and try to
confirm them with independent sources. If written materials say you
could lose all your money, believe it. Investing is risky. If the
talk is rosy but the written materials paint an ominous picture of
the risk, trying to recover any money you’ve invested could be
difficult.
7. RI$KY. Just because no complaints have
been lodged against a company doesn’t mean it’s a bona fide
operation. Even information in local business papers could come from
the promoter’s press release. Find an independent source or an
expert you trust for information on the company’s track record.
Otherwise, consider the company an unknown and high-risk investment.
8. RI$KY. General partnerships often impose
risks on the partners as individuals. Scam artists often structure
investments as general partnerships as a way to avoid securities
regulation. But some partnerships may be securities and subject to
regulation despite a promoter’s claim. In addition, a partnership
may be debt-free because it has no business history or assets. The
reason a large corporation enters only a “top” market may be that it
is the only place entrepreneurs are likely to make a profit.
9. RI$KY. No government agency reviews
investments for self-directed IRAs. To see if you face tax
consequences for using your IRA money on a venture, have an
independent tax consultant check any potential investments. Don’t be
impressed by IRA trustees with large holdings and accounts. The
Securities and Exchange Commission sued one IRA promoter in 1996 who
allegedly transferred more than $270 million from more than 14,500
consumers’ IRA accounts to fraudulent telemarketers and unregistered
securities promoters. Do your homework!
10. RI$KY. Once you invest, you should
receive an accounting of your funds from independent sources as a
matter of routine. Otherwise, you have no guarantees that your money
is being used as you were told. Fraudulent promoters often hide
costs in their charts. “Marketing costs” may mean the telemarketing
costs of selling investments to people like you. The principals
behind the venture may call themselves “consultants” and take a
share of your investment as their salary. These deceptions and the
promoter’s commission alone could cost you a significant portion of
your investment. Even your partnership’s “asset” may not really cost
$5 million. That may be the price the scam artist is charging your
partnership to “acquire” an asset that’s really worthless.
For More Information
These government agencies and business organizations register,
regulate, investigate, or monitor companies and individuals who
offer investment opportunities. If you have questions about a
company or an individual, or you wish to make a complaint, contact
one or more of these offices, as appropriate. When you seek
information, understand that the absence of complaints filed with
governmental and private agencies does not mean that a company or an
investment is necessarily sound.
The FTC works for the consumer to prevent fraudulent, deceptive, and
unfair business practices in the marketplace and to provide
information to help consumers spot, stop, and avoid them. To file a
complaint or to get free information on consumer issues, visit
www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY:
1-866-653-4261. The FTC enters Internet, telemarketing, identity
theft, and other fraud-related complaints into Consumer Sentinel, a
secure, online database available to hundreds of civil and criminal
law enforcement agencies in the U.S. and abroad.
Your State Attorney General’s office and your local District
Attorney’s office investigate and prosecute fraud cases. You can
find their telephone numbers by checking your local directory in the
state and local government section.
Your State Securities Commission, Securities Department, or
Department of Corporations regulates the public offer and sale of
securities by companies in your state. You can get the name and
telephone number by calling the operator in your state capital or
visiting NASAA on the Internet at www.nasaa.org.
The Chief United States Postal Inspector (USPIS), United States
Postal Service handles complaints about and has jurisdiction over
fraudulent investment services that use, advertise, or sell through
the mail or by overnight courier service. Write the USPIS at
Criminal Investigations Service Center, Mail Fraud Unit, 222 S
Riverside Plaza, Suite 1250, Chicago, IL 60606-6100; call
1-800-FRAUDIS (372-8347); or visit www.usps.com/postalinspectors on
the Internet. The Federal Bureau of Investigation also has
jurisdiction when investment offerings constitute mail or wire
fraud, or other violations of criminal law.
The Commodity Futures Trading Commission regulates most firms that
deal in commodity futures markets. Futures trading markets include
petroleum products, U.S. government securities, foreign currencies,
options on futures contracts, and dealer options. Write the
Commodity Futures Trading Commission at 1155 21st Street, NW,
Washington, DC 20581 or visit www.cftc.gov on the Internet.
The Securities and Exchange Commission is a federal agency that
regulates the public offer and sales of securities. Call the SEC
toll-free at 1-800-SEC-0330 or visit www.sec.gov on the Internet.
The Better Business Bureau mediates disputes between consumers and
businesses and may be able to inform you about complaints lodged
against local investment firms. Contact the BBB in the city in which
the firm is located for information or to report a problem. For the
phone number of an out-of-state BBB, write to the Council of Better
Business Bureaus, 4200 Wilson Boulevard, Suite 800, Arlington, VA
22203.
The National Association of Securities Dealers is a self-regulatory
organization that governs stock brokers. Check your phone directory
for a local district office of the National Association of
Securities Dealers, or call toll-free 1-800-289-9999.
The National Futures Association is a self-regulatory organization
that governs all registered individuals and brokerage firms that
sell commodities. Call the National Futures Association toll-free at
1-800-621-3570.
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