The August 28, 2006, issue of Elder Law FAX, a free newsletter published every other Monday by the Elder Law Practice of Timothy L. Takacs.
States and SEC Join Forces to Step Up Efforts
to Protect Elderly Investors
Last Monday, the U. S. Securities and Exchange Commission filed an emergency
enforcement action to halt an ongoing fraudulent offering of stock in
a company called One Wall Street, Inc. in which the defendants have obtained
over $1.6 million from at least 64 investors, most of them senior citizens.
The SEC's complaint charges the defendants with
making fraudulent solicitations and misappropriating investor funds. According
to the SEC complaint, rather than apply the proceeds collected from the
investors towards legitimate business expenses, investors funds were used
and continued to be used to pay personal expenses, including jewelry purchases,
gambling and "adult entertainment" services, and payments for
child day care, car loans and mortgages.
Mark K. Schonfeld, Director of the SEC's Northeast
Regional Office, stated, "This case emphasizes our continuing commitment
to protecting elderly investors. Here, we are seeking emergency relief
to halt the fraud and preserve investors' funds."
The SEC, along with the States and the National
Association of Securities Dealers (NASD), have recently embarked upon
a joint endeavor to protect seniors from predatory sales tactics and investment
fraud.
For example, in a test case of the partnership,
regulators in Florida are working with the SEC and NASD to investigate
"free lunch" seminars, where seniors can be pressured to invest
in scams. California's Seniors Against Investment Fraud, an education
program, has been adopted by Florida, Iowa and Pennsylvania and is being
touted as a model in other states.
Last month, the SEC held its first-ever Seniors
Summit, where the SEC joined with state regulators and others to examine
how to best protect older Americans from investment fraud. Among the topics
they addressed were a recent study on elderly victims of fraudulent practices,
coordination among government agencies and the private sector to both
educate seniors and monitor potential fraudulent activities, and potential
regulations to curb abusive financial practices.
Among the participants was Patricia Struck, president
of the North American Securities Administration Association, Inc., who
presented the panel with a statistical overview that showed that individuals
age 60 and over -- who make up 15 percent of the population -- are 30
percent of the nation's fraud victims. She said that nearly half of all
investor complaints are from seniors and a third of enforcement actions
by securities regulators are against senior fraud.
Nearly one-third of all U.S. investors are between
age 50 and 64, and about 5 million senior citizens are victims of financial
abuse each year, SEC figures show.