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Ohio Division of Securities Your Name Here Investment Fraud and Investor Protection
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INVESTMENT SCAMS n Over $10 Billion a year n $1 million every hour n All educational and income levels
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Division of Securities n Licensing Section n Registration Section n Enforcement Section
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Don’t become a Victim.
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Who Needs to be Licensed? n Sn Sn Sn Salespersons n Bn Bn Bn Brokerage Firms n In In In Investment Advisers n In In In Investment Adviser Representatives
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Central Registration Depository (CRD) n Salesperson’s Employment History n Customer Complaints n Pending Arbitration n Criminal History n Actions by other Regulatory Agencies
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Investment Advisers stand in a fiduciary capacity with their clients.
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Securities Salespeople are Prohibited from: n Making False Representations of Material Fact (i.e.Lying) n Omitting to Disclose Material Information (i.e. not telling you important things) n Selling Unregistered Securities
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Securities Salespeople are Prohibited from: n Recommending Unsuitable Securities n Executing Unauthorized Transactions n Excessive Trading in Your Account (Churning) n Charging a Price not reasonably related to the Market Price n Receiving Excessive Commissions n Guaranteeing against Losses
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Securities Investor Protection Corporation (SIPC) n Coverage provides losses suffered by investors in the event of financial difficulties of a brokerage firm. n Provides coverage up to $500,000.
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Registration of Securities n All Securities sold in the State of Ohio must be Registered or properly Exempt from Registration.
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Registration Process n Review Terms and Conditions of Offering. n Review Literature in Connection with Offering. (prospectus) Not an endorsement, but a statement that offering has met the minimum requirements of the Ohio Revised Code.
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Enforcement Section Investigates alleged violations of the Ohio Securities Act and takes action when necessary.
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INVESTMENTS
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Characteristics of a Scam n Guaranteed Returns n Promise of Quick Profits n Inside Information n Refusal to send Written Information n Calls coming from distant cities/states n Reluctant to provide Information about sales person or firm n Unusual arrangements for payment. n Poorly presented Financial Products
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Types of Investment Fraud n PONZI Schemes n Promissory Notes n Viatical Settlements n Franchise/Business Opportunities n International Investing n Boiler rooms
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Boiler Room
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Boiler Rooms n Call people in other states n Mooch lists n Answer for every objection n Little or no risk n High rate of return & secret tips
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Boiler Rooms n Demand immediate action n Won’t disclose street address n Avoid U.S. mails n Stall with excuses n Disappear when heat’s on
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Pyramid Schemes Pyramid Scheme Pyramid Scheme n Profit or cut for recruiting n No product or way too high priced product n Unrealistic claims Network Marketing n Commission on sale of product n Not paid for recruits n Tangible product or service n Fair market price
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Ponzi Schemes n Type of pyramid scheme n Use later investors’ $ to pay off early investors - “songbirds” n Promise very large returns in short time
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Ponzi Schemes n “Can’t lose” way of making money n Collapses when # investors waiting for $> # of new investors n “House of cards” collapses
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Fraudulent Sales Techniques n High pressure sales tactics n “Decide now before the opportunity is gone” n Promises that sound too good to be true n “The investment is risk-free”
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Fraudulent Sales Techniques n “There is no time to provide written information and references” n “We need your credit card or checking account number” n “We will pick up the money at your home” n “You have won a free gift or trip”
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The best part of my job.
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Investor Bill of Rights n Right to Information on firm/salesperson n Right to Information on Risks/Obligations n Right to good advice n Right to all paperwork n Right to accurate account statements
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Investor Bill of Rights n Right to have terms explained n Right to your money n Right to prompt service n Right to know what you are being charged and why n Right to State records concerning your broker/salesperson
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Warning Signs n High Pressure Sales Tactics - Must Act Now ! n Promises of High Guaranteed Returns n Refusal to send you Written Information Before you Invest
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If it sounds to good to be true.. n It Probably Is !! n Say No to offers you are unsure about
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The fact of the matter is...
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Ohio Division of Securities Hotline: 1-800-788-1194
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