Friday, December 11, 2015

INVESTMENT FRAUD ADVISORY ISSUED

Indiana Secretary of State Connie Lawson is advising victims of investment fraud to use caution when approached by companies promising to help them recover their money or bring the perpetrator to justice – for a fee. Many of these third-party asset recovery companies are not law firms, although they may advertise that they can provide legal assistance. Typically, the targeted investors have lost thousands of dollars, perhaps their entire life’s savings, to fraudulent investment schemes.

In an example spotlighted in an advisory, a third-party asset recovery company took a sizeable upfront fee from an elderly investor in exchange for filing a complaint with state and federal regulators in an attempt to recover losses on an oil and gas investment that occurred eight years prior. The perpetrator of the investment scam was already serving time in prison for fraud and had been for several years. It was also discovered by state securities regulators that the asset recovery company named the wrong perpetrator in the complaint; thereby taking a fee to file an erroneous claim.

Third-party asset recovery firms typically approach fraud victims through an unsolicited telephone call or email promising to recoup lost investment funds for an upfront fee. Once hired, the firm may send demand letters to the perpetrators of the initial investment scheme, then file a boilerplate complaint with state and federal regulators on behalf of the defrauded investor.

The advisory includes information to help investors understand how third-party asset recovery firms operate and areas to consider if approached by such a firm, including: its fees; how its investigation will be conducted; what legal services it provides; how it coordinates with securities regulators; and its discussion of recovery. Both the advisory and contact information for the Secretary of State’s office are available on the agency’s website.