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Is your broker a crook? If your money is lost and your financial adviser is missing, here's what you can do to recoup your investment.


LIKE MANY PEOPLE INTERESTED IN learning about Walt Street, George L. Forbes George Lawrence Forbes (born April 4, 1931) is an African American politician of the Democratic Party. From 1974 to 1989, Forbes served as one of the most powerful presidents of Cleveland City Council. In 1961, he passed the Ohio bar exam and began practing law.  spent years educating himself about stocks and bonds. Forbes, head of the Cleveland NAACP NAACP
 in full National Association for the Advancement of Colored People

Oldest and largest U.S. civil rights organization. It was founded in 1909 to secure political, educational, social, and economic equality for African Americans; W.E.B. Du Bois and Ida B.
 and former president of the Cleveland City Council Cleveland City Council is the legislative branch of the government of the City of Cleveland in Ohio. Its members are elected from 21 wards to four-year terms. The number of council members has decreased over the years. , even sat on a powerful state commission that helped investment firms win contracts to manage hundreds of millions of dollars in assets for the Ohio Bureau of Worker's Compensation.

Despite his financial prowess, Forbes fell victim to a seam that bilked dozens of investors out of as much as $300 million.

The scam, securities industry officials say, was committed by Frank Gruttadauria, a former manager of a Cleveland office of Lehman Brothers. For more than a decade, Gruttadauria courted wealthy clients and encouraged them to invest millions of dollars with him, according to the Securities and Exchange Commission. When the investments didn't pan out, Gruttadauria began an elaborate shell game, using money from new clients to replace the failed investments of established clients.

When the scheme finally spun out of control, 44-year-old Gruttadauria disappeared, according to the Federal Bureau of Investigation Federal Bureau of Investigation (FBI), division of the U.S. Dept. of Justice charged with investigating all violations of federal laws except those assigned to some other federal agency. . That was Jan. 11, 2002. Four weeks later, Gruttadauria turned himself in and pleaded guilty to bank fraud, mail fraud, securities fraud, and identity theft. He's now serving a jail sentence after he admitted taking $54 million from client accounts without authorization and misappropriating more than $115 million in investor funds over a 15-year period.

Forbes, now 75, put his actual losses "in the area of the low six-figure range." He is certainly not alone in being duped by an unethical stockbroker. In fiscal year 2005, the SEC received nearly 20,000 complaints against rogue stockbrokers; 700 complaints involved theft of funds or securities.

In another high-profile case, stockbroker Calvin Darden pleaded guilty in August 2005 to defrauding several prominent African American African American Multiculture A person having origins in any of the black racial groups of Africa. See Race.  investors, including rapper Nelly and NBA NBA
abbr.
1. National Basketball Association

2. National Boxing Association

NBA (US) n abbr (= National Basketball Association) → Basketball-Dachverband (=
 star Latrell Sprewell. New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 Assistant District Attorney Elson Ho says Darden defrauded 11 victims out of about $7 million. Darden was sentenced in November to four to 12 years in prison and was ordered to repay approximately $6 million to investors and securities firms.

So what should you do if your broker--or your hard-earned money--is suddenly missing? And how can you reduce your chances of getting involved with an unscrupulous stockbroker in the first place? Experts say the key to avoiding both dilemmas is being proactive.

"There is a standard assumption that most people don't want to get involved," says Leland Hevner, president of the National Association of Online Investors. "But it is our firm belief that risk is mitigated by knowledge and involvement."

Start by thoroughly researching any broker, financial planner Financial Planner

A qualified investment professional who assists individuals and corporations meet their long-term financial objectives by analyzing the client's status and setting a program to achieve these goals.
, or adviser you are considering hiring. Explore the North American Securities Administrators Association The North American Securities Administrators Association (NASAA), founded in Kansas in 1919, is the oldest international investor protection organization. NASAA was created to protect consumers who purchase securities or investment advice, and their jurisdiction extends to a  Website, www.nasaa.org, or call 888-84-NASAA for a regulator in your state.

State regulators, along with the National Association of Securities Dealers National Association of Securities Dealers (NASD)

Nonprofit organization formed under the joint sponsorship of the investment bankers' conference and the SEC to comply with the Maloney Act, which provides for the regulation of the OTC market.
, jointly maintain a database of more than 650,000 stockbrokers and 5,000 securities firms. Known as the CRD CRD

See Central Registration Depository (CRD).
, or the Central Registration Depository, the database contains critical information, such as whether a broker has ever been sanctioned or fined for investor wrongdoing wrong·do·er  
n.
One who does wrong, especially morally or ethically.



wrongdo
. To check CRD records, contact the NASD's consumer hotline at 800-289-9999, or visit the regulatory arm of the NASD NASD

See: National Association of Securities Dealers


NASD

See National Association of Securities Dealers (NASD).
 online at www.nasdr.com and use NASD's "Broker Check" system.

Moreover, anyone identifying himself as an investment adviser or as someone who sells securities must be licensed and registered to do so--no matter how small or large the firm. Companies with less than $25 million in assets under management Assets Under Management (AUM) is a term used by financial services companies in the mutual fund and money management or investment management business to gauge how much money they are managing.  must register with the state. Firms with more than $25 million in assets must register at the federal level with the SEC. So any legitimate securities salesperson or investment adviser is going to be registered somewhere.

"If you find out that they're not registered, or if they're hesitant to give you their CRD or investment adviser number, that should set off alarm bells, says Bob Webster, a spokesperson for NASAA. "One simple phone call really can save people a whole lot of time, grief, and money."

Many investors, however, shy away from Verb 1. shy away from - avoid having to deal with some unpleasant task; "I shy away from this task"
avoid - stay clear from; keep away from; keep out of the way of someone or something; "Her former friends now avoid her"
 asking potential advisers detailed questions, which is a big mistake. "The relationship between a client and an investment manager is very much built on trust," says Jon Stokes, senior policy analyst at the CFA (Computer Fraud and Abuse Act of 1986) Signed into law in 1986, the CFA was a significant step forward in criminalizing unauthorized access to computer systems and networks. The Act applies to "federal interest computers" that include any system used by the U.S.  Centre for Financial Market Integrity. "You're turning over all kinds of personal information," Stokes adds, so if an adviser won't reciprocate re·cip·ro·cate  
v. re·cip·ro·cat·ed, re·cip·ro·cat·ing, re·cip·ro·cates

v.tr.
1. To give or take mutually; interchange.

2. To show, feel, or give in response or return.

v.
 "then that's a big red flag."

According to NASAA's Investors' Bill of Rights, you have the right to ask for and receive information from a firm about the work history and background of the person handling your account, as well as information about the firm itself. If something goes awry, you also have the right to discuss account problems with the branch manager or compliance department of the firm and receive prompt attention to, and fair consideration of, your concerns.

Should you find yourself a victim of unethical practices or shady dealings, immediately contact authorities at the SEC and officials at the NASD to get an investigation going. The CFA has an enforcement division that monitors the professional conduct of individuals who carry the CFA designation. That division will also investigate complaints and impose disciplinary action against any wrongdoers, according to Stokes.

Forbes took part in a lawsuit against Lehman and subsequently recovered some of his money. Forbes, normally a very conservative investor, says that he didn't always know which stocks Gruttadauria was buying though he knew Gruttadauria was investing in the high-technology arena. "Would I do it again? Absolutely not," he says. "But we were in the midst Adv. 1. in the midst - the middle or central part or point; "in the midst of the forest"; "could he walk out in the midst of his piece?"
midmost
 of the dot-com revolution, and I took a gamble. I don't like to lose $10. But I took a chance."

The lesson for other investors, he suggests, is to "stick with the companies that made America great. And make sure you go with reputable companies--companies that have been around, that have longevity, and that you think will be here for years to come."

A Word to The WISE

It can sometimes be hard to know whether you're choosing the right investment professional. The CFA Institute (www.cfainstitute.org) has two helpful online documents that offer solid guidance: "Choosing a Financial Advisor," and "Managing the Relationship Between You & Your Advisor."

When it comes to selecting a financial adviser, experts say African Americans may be at particular risk, especially for "affinity fraud affinity fraud

Investment scams that target members of identifiable groups, including elderly, ethnic, professional, and religious groups. Perpetrators of affinity fraud are often either members of the targeted group or individuals who enlist the assistance
." Affinity fraud involves con artists preying on people who belong to a group or association based on a shared cultural heritage, religious beliefs, or professional and social interests.

Other common scams that investors should be aware of include: advance fee rip-offs (commonly known as Nigerian money scams), pyramid frauds, and Internet investment swindles. In addition, NASD officials encourage investors to follow three basic rules: understand what you're buying and with whom you're dealing; invest based only on education and information--not on emotion; and, says Elisse Waiter, senior executive vice president for regulatory policy and programs at NASD, "Remember, if it sounds too good to be true, it is too good to be true."

Follow this advice when choosing a financial adviser:

* Always interview at least three prospects.

* Get referrals from friends, family members, colleagues, or others you trust. Obtain referrals from the Financial Planning Association by calling 800-647-6340 or visiting www.fpanet.org. The National Association of Personal Financial Advisors National Association of Personal Financial Advisors (or NAPFA) is an American organization created in 1983 to aid the field of Fee-Only financial planning by encouraging interest and establishing a new level of professional standards and reputation for excellence.  (www.napfa.org; 800-366-2732) can give you the names of local fee-only planners in your area.

* Ask each individual for Parts I and 11 of their ADV ADV Advertisement
ADV Adverb
ADV Advance/Advanced
ADV Advantage (tennis)
ADV Advise
ADV Advocate
ADV Advancement
ADV Advent
ADV Arbeitsgemeinschaft für Datenverarbeitung
ADV Adversus (Latin: Against) 
 Form-also known as an Advisor Form. These documents disclose data about the person, such as education, professional certifications, work experience, and regulatory and disciplinary history,

* Beware of individuals who constantly name-drop about high-profile people with whom they allegedly do business. Scam artists often try to gain your confidence and lure you into a false sense of security by offering testimonials or telling you about other well-known community members who've invested profitably with them,

* Always obtain a prospectus or written information about the risks inherent in any investment you're considering.

* Get a clear understanding about how you can exit an investment that goes sour.

* Get outside opinions. Seek input from a competent professional outside your group and check whether the individual and his or her company are registered with local and federal securities agencies.
COPYRIGHT 2006 Earl G. Graves Publishing Co., Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:INVESTING
Author:Khalfani, Lynnette
Publication:Black Enterprise
Geographic Code:1USA
Date:Aug 1, 2006
Words:1380
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