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Over the term of my writing
this series of articles, there has been a pervading message for
readers: You can’t be too trusting. The majority of Americans are
trusting people. We are a young country that was formed on principles,
morals and values. Yet, the realities of human nature have compelled
us to become less trusting. We no longer leave our doors unlocked,
as generations before us did. The sad thing is that trust is a concept
we all learned as a positive. It was a good and virtuous thing to
trust. What signaled the demise of trust in this country? Perhaps
it was that memorable line from Animal House in the 80’s - "Hey,
you xxxxed up - you trusted me!"
Incidents of late force me,
once again, to remind my readers that trust does not always serve
you well. I make a living helping people who have trusted and who
have been betrayed by those in the financial industry. Sometimes
I discover that I have trusted my client and been betrayed. The
majority of stockbrokers are honest, trustworthy individuals. But
remember - a majority is only 51%. Honesty is measured in a interesting
way in this country. Many who tread the line and conduct themselves
in the gray area of right and wrong think of themselves as honest,
forthright people. The reason for that is that they do it in a comparative
analysis. An analogy is that those of us who are 10-15 pounds overweight
may not be too concerned about it, because there are many more people
who are significantly more overweight.
The Trickle Down Effect
The events I speak of are
our President’s recent philandering escapade and subsequent denial
and cover-up. If you think that Clinton is telling the truth, then
I fear that many of my articles have fallen on deaf ears. What Clinton
has once again proven to this country is that abuse of power, deceit,
and a lack of morals and ethics is not only undeserving of a raised
eyebrow, it is acceptable. How can you expect your financial advisor
to tow the line and respect the rules of the industry in the face
of a powerful built-in conflict of interest (commissions) when the
President of the United States, the highest elected official and
world leader, lies, commits adultery, and abuses government employees
at the drop of a hat? The keen public awareness and possibly acceptance
of these acts may deal a serious blow to individual morals. As Shakespeare
said, "What is right and wrong but thinking makes it so."
As in any industry or profession,
there are always degrees of good and bad. And the brokerage industry,
like many others, attracts all degrees of good and bad. There are
some brokers, advisors, or money managers who are nothing but con
artists. They intentionally cheat and lie, yet they sleep well at
night. Clinton’s behavior will likely have little affect on them.
Then there is the broker, advisor, or money manager who really is
trying to give you good advice and make you money, but it’s more
important that he make good money than you make good money. Many
brokers, sometimes unwittingly, fall into this group. This group
is most at risk for the trickle down effect. Clinton’s behavior
will exacerbate the conduct of this group, because it will makes
the justification easier - "Hey - if it’s okay for the President
to lie in order to serve his best interest, then it must be okay
for me."
There is another type of
broker or financial advisor who is as dangerous as the con artist.
He is the financial professional who doesn’t know what he’s doing.
Worse yet, he probably thinks he does. He usually makes lots of
money for himself but very little for his clients. Even though his
client turnover is high, he always gets new clients with new, fresh
money. I find him less repulsive than the one who is committing
bad acts knowingly, but his damage can be every bit as brutal. Though
the large brokerage firms are slowly doing a better job of weeding
out true con artists, they are very much at fault for hiring babes
who are wet behind the ears, giving them a license and a desk. Overnight
they are managing as much money as they can attract. I knew of one
broker who came directly out of training school with no previous
investment experience and landed a job at a major firm. During his
first few months on job, a new client called in and gave this rookie
broker a $40 million dollar account to manage. The broker proceeded
to abuse the account and was subsequently indicted on criminal charges.
It’s not like the morals
and ethics of the business world were at a record high prior to
Clinton taking office anyway. Clinton is leading the country down
a very dangerous path, one that will have ramifications for decades
to come. This is a wake up call. If you can’t trust the President
of the United States, there’s a pretty good chance you can’t trust
a lot of other people.
Anatomy of a Lie
A lie takes one of two forms
- the misrepresentation or the omission. Even in law, fraud is defined
as not only material misrepresentations, like when someone says,
"This car is new" and it’s used, but also as omissions of material
fact, like when you buy a new car and later discover it’s used,
but the salesman failed to tell you.
When dealing with a stockbroker
or money manager, it is often more important what your broker isn’t
telling you than what he is telling you. Granted, you will always
hear the positive aspects of the investment, but what you will find
in many instances is that the broker fails to advise the client
of any or all of the risks of the investments. An example is the
broker who pushes his client to use margin in the account but does
not fully explain the downside, that is, the negative spread.
Tracy Pride Stoneman is an
attorney specializing in investment related complaints. Email her
at Tracy@InvestorFraud.com.
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