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There are an almost endless number of ways for corporations and individuals to commit stock fraud, from elaborate ongoing plans to a simple isolated scam, but all forms of stock fraud have one thing in common: they are driven by an intentional disregard for the financial situation of the client coupled with personal greed. Stock fraud takes advantage of the trust a consumer places in a broker or brokerage firm.
Although variations are common, most types of broker-related stock fraud fall into one of four categories: misrepresentation/omission, unsuitability, overconcentration, and churning. Stock fraud using misrepresentation/omission occurs when a broker intentionally misleads a client about material facts (especially risk factors) regarding a specific stock. A broker who commits stock fraud involving unsuitability recommends stocks outside the client''s risk tolerance, allowing the broker to push undesirable stocks. This form of stock fraud often results in losses much higher than the client can bear. Similarly, intentional failure to diversify a client''s portfolio (a practice known as over concentration) is classified as a form of stock fraud; to protect client assets, brokers should vary the types of stock purchased. Churning is a common method of stock fraud wherein the broker creates additional fees by conducting large numbers of transactions, such as selling stocks with small gains in order to show profits.
Stock fraud occurring at the executive levels is generally more elaborate than the broker-conducted stock frauds. In some recent cases, investigators have found that ongoing stock fraud is essentially company policy, with many employees at various levels either supporting or concealing prohibited practices. Common large-scale stock fraud situations include insider trading, illegal sale of IPO stocks to friends and family prior to release dates, and stock fraud schemes designed to attract and retain customers and services. Many stock fraud schemes are attempts to keep failing businesses funded, although brokerages may use similar tactics to destroy companies by manipulating their stock values.
All types of stock fraud violate the trust between investor and broker; the basic thought behind a commission of stock fraud is that the investor''s interests are secondary to the possible financial gain of the broker. Stock fraud can (and frequently does) destroy the finances of companies, as well as the lives of individuals. If you suspect that you or a loved one is the victim of a stock fraud, you should move immediately to protect your financial security. An attorney experienced in defending the rights of stock fraud victims and recovering funds stolen from them may be able to help guide you through your legal rights and advise you on the most appropriate course of legal action.
A recent Securities and Exchange Commission (SEC) survey of 15 large brokerages shows that 13 of them appeared to give preferential treatment to fund companies from whom they received financial compensation. Techniques ranged from featuring the fun...
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