facts | for Consumers |
Federal Trade Commission - May 1992
Telephone Investment Fraud
fast facts
|
Bureau of Consumer Protection Office
of Consumer & Business Education (202) 326-3650 |
Every year tens of thousands of
consumers put some of their money in investments. The Federal
Trade Commission (FTC) estimates that every year American
consumers from all walks of life lose $1 billion or more in
investments that turn out to be fraudulent.
Between 1983 and 1992, the FTC put a variety of such fraudulent
companies out of business. It brought suit against 325 defendants
and recovered almost $100 million for injured consumers.
But if you invest in what turns out to be a fraudulent scheme,
the chance of getting all of your money back is slim. Even in
cases where money is recovered, consumers often get back less
than 10 cents on every dollar invested. That is because companies
engaged in fraud often operate a particular scam for a short
time, quickly spend the money they take in, and frequently close
down before they can be detected. Then they reopen under another
name selling another investment scam.
Investment frauds are sold in a variety of ways -- print and
television advertising, for example -- but three-quarters of the
investment scams the FTC investigates are sold by the telephone.
There has been a dramatic increase in telemarketing investment
fraud because of the ease of establishing fraudulent operations
and the popularity of telephone selling. Everyone with a
telephone is vulnerable.
To be sure, many investment plans are sound. Ones that are not
take many forms. Typical investments sold by fraudulent operators
have included coins, gemstones, art, oil and gas leases,
interests in oil wells, application services related to cellular
telephone licenses, precious metals such as gold and silver, or
strategic metals such as chromium, used in defense and high-tech
industries. Fraudulent companies often choose to sell investments
that may fluctuate substantially in response to world events. For
example, fraudulent sellers may offer you an investment based on
the scarcity of a foreign metal after news of a trade embargo, or
they might offer you an investment in a new, widely publicized
high-tech product. The fraudulent seller's goal is to make it
difficult for consumers to scrutinize their overinflated value
claims.
The heart of the telemarketing operation is usually centered in a
"boiler room," a setting filled with desks, telephones,
and salespeople who spend their days calling hundreds of
prospects all over the country. You may be contacted by one of
these boiler room operators if you respond to a newspaper ad or
fill out a card asking for more information about an investment,
or you might be called "cold." Some fraudulent
investment sellers target investors who have been victims of an
earlier scam. These sellers know that investors who have been
tricked once often have a certain vulnerability because they hope
to recoup their losses.
Salespersons in boiler room operations often spend years going
from fraud to fraud. Their years of selling experience and
natural sales talent make them very good at what they do. They
use persuasive sales pitches that weave together facts and
half-truths in ways that are likely to deceive all but the most
experienced investor. Their sales pitches are directed to the
universal desire to get great financial return for very little
risk.
In addition to being glib, these sales operators are resourceful.
They use a wide variety of reasons why their investment
opportunity is a sure thing. They may say, for example, that
they: have high-level financial connections; are privy to inside
information; will guarantee the investment; or will buy back the
investment after a certain period. To close the sale quickly,
these fraudulent sellers may offer you phony statistics,
misrepresent the significance of a current event, or stress the
uniqueness of their offerings to try to dissuade you from
verifying the story.
Often, fraudulent salespersons will:
* Say you have been specially selected to participate in an
unusual investment opportunity;
* Present a popular, believable message mixed with truth and
lies;
* Guarantee large and rapid profits;
* Claim that virtually no risk is involved; and
* Require that money be paid immediately because the "market
is moving." The salesperson even may give price quotations
to "document" the rise.
Because it is so difficult to recover money paid to fraudulent
sellers, the best thing you can do is refuse to give them money
in the first place. If you are approached by anyone selling an
investment opportunity, remember the following cautions. They may
help you avoid investing in a bogus firm.
* If it sounds too good, it probably is a scam. No legitimate
salesperson will ever claim to offer a risk-free investment. Big
returns usually mean big risks. Any claim that there is little or
no risk should act as a red flag.
* Do not be pressured into buying. High-pressure sales tactics
that urge you to buy now or forever lose your opportunity to
profit are tip-offs to possible fraudulent operations. If you are
being pressured, you can simply hang up the phone. Once you send
a fraudulent investment seller your money, it may be gone
forever.
* Invest in business opportunities you know something about. It
is unlikely you will make money in a business deal that you
cannot understand and verify. You especially should be wary of
any investment where you need to rely exclusively on the seller's
representation of the investment's value.
* Be skeptical about any unsolicited phone calls about
investments. Think twice before you buy investments from
out-of-state salespeople you do not know. You may find it very
hard to get your money back if the deal sours.
* Get all the information you can about the company and verify
the data. Before you invest with any company, check the seller's
prospectus with someone whose financial advice you trust. Also
check the company's reputation with appropriate references. Many
are listed at the end of this brochure.
Any resistance you get from a seller when you seek additional
investment information or references should make you suspect. But
if you do receive additional references, keep in mind that these
may not provide reliable information about the investment or the
company. For example, a bank may tell you that an investment
company has an account, but this does not mean the company is
legitimate.
* Beware of testimonials. Fraudulent companies sometimes hire
references to claim that the firm's investments brought them
sudden wealth. And Ponzi schemes, where promoters use the money
from new investors to pay high returns to early investors, may
explain why the company is praised.
* If in doubt, do not invest. Before you invest, ask questions
and seek information from a variety of sources. If you cannot get
solid information about the company and the investment, you may
not want to risk your money.
Listed here are government agencies and business organizations
that 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 Federal Trade Commission is a law enforcement agency that
investigates and prosecutes a variety of investment frauds. If
you have questions or complaints about claims made in advertising
or in telephone promotions for investment services, write to:
Federal Trade Commission, Investment Fraud Project, Room 200,
Bureau of Consumer Protection, Washington, D.C. 20580.
* 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.
* The Chief United States Postal Inspector, United States Postal
Service, Washington, D.C. 20260-2112, handles complaints about
bogus mail-order investment services. The USPS has jurisdiction
over fraudulent business operations that use, advertise, or sell
through the mail. 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 2033 K Street,
N.W., Washington, D.C. 20581.
* The Securities and Exchange Commission is a federal agency that
regulates the public offer and sales of securities. Contact the
Securities and Exchange Commission at 450 Fifth Street, N.W.,
Washington, D.C. 20549, or call (202) 272-7440.
* 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,
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 contact its Washington
office at 1735 K Street, N.W., Washington, D.C. 20006, or call
(202) 728-8221.
* The National Futures Association is a self-regulatory
organization for all registered individuals or brokerage firms.
Contact the National Futures Association at 200 West Madison
Street, Suite 1600, Chicago, IL 60606, or call (800) 621-3570. In
Illinois, call (800) 572-9400.
5/87