corysub
Posts: 1492
Joined: 1/1/2004 Status: offline
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quote:
ORIGINAL: NeedToUseYou Well, just in the last few days, two people I know have been screwed by their advisers. First one, went to theirs in February and insisted they convert everything to cash, or something highly safe. However, he kept dragging and pressuring to stay in the market, stating that if everyone pulled their money like they wanted to, it'd cause a downturn. Well, after arguing with the guy (I wouldn't have argued I'd have ordered him or called the authorities, if he refused), they eventually relented. Well, this retired couple has lost 200K now. While that isn't illegal it definitely was not healthy advise or good advice, nor advice in the interest of his client. Second case, was blatantly illegal. A 68 year old (my business partners mother in law) was no doubt ripped off. She had an annuity, and her adviser had canceled her existing one, and flipped it for another. He had also invested her money in a manner that she had not consented to. Now, this case, is 100% fraud, as we looked up the relevant laws in Wisconsin, and he did not follow the necessary disclosure, or even get all the required documentation signed by her. She is out because of the flipping, and unauthorized investments about 250K. Both of those were at supposedly legit companies. Well, known nationally, and the other regionally. Point is if you have an adviser, and you have not checked where the heck your money is at, it may not be where you agreed it should be. Might want to check that out, especially those with annuities, as those are very lucrative to flip. Anyway, thought that was odd that two people in my little extended circle got burned for nearly 500K total. The first it was their fault for not being more forceful, the second was blatant theft. Just saying if someone is handling your money you really might want to do a thorough audit of where and how it is being used, so many it seems trust others to much. The second case you cited is a no brainer for a good lawyer. Your friend should be able to recapture any lost money in a heartbeat. A call to the compliance director of each of the companies involved might get a pretty quick settlement, particularly these days with Wall Street brokers not held in high esteem..to say the least. The first case might be a bit more difficult but doable...depending on the age of the people, the risks that they signed off on in the "New Account Application" they signed off on with this broker. A stock broker must adhere to the risks that his client states they are willing to assume and has a fiduciary responsibility to make recommendations only in keeping with their objects and risks boundaries. With the amount of money involved, I would think getting a lawyer to work on "retainer" would be kinda easy. You would be surprised at some of the surprising decisions in favor of plaintiff by the SEC and other jurisdictions.
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