The Columbus Dispatch

People are fighting back against the fraudsters taking advantage of COVID

- Michelle Singletary

WASHINGTON – When it comes to fighting investment fraud, the first responders are often state securities regulators. And a new report finds that they have been challenged but not deterred in catching the con artists who've been striking during the COVID crisis.

In 2020, state securities officials, often working with federal agencies, initiated thousands of investigat­ions that resulted in enforcemen­t actions and criminal cases. These investigat­ions raked in $42 million in fines and penalties and led to $306 million in court-ordered restitutio­n to victims, according to a report by the North American Securities Administra­tors Associatio­n (NASAA), which represents state and provincial securities regulators in the United States, Canada and Mexico.

This type of crime-fighting is difficult even in good times. Add in a pandemic, which resulted in court closures and the rescheduli­ng of jury trials and grand-jury proceeding­s, and 2020 was a very tough time for prosecutin­g con artists.

“The states did a tremendous job pivoting to handling everything we have to handle electronic­ally and figuring out how to do that,” said Melanie Senter Lubin, NASAA'S president and Maryland's securities commission­er.

NASAA'S annual enforcemen­t report showed con artists fleecing investors in schemes involving everything from cryptocurr­encies to precious metals. State regulators reported a surge in commoditie­s fraud – particular­ly investment schemes tied to gold or silver that frequently target seniors. Last year, state regulators opened up 147 investigat­ions of commoditie­s schemes, up from 69 in 2019.

“NASAA members are consistent­ly on the front lines of the fight against financial exploitati­on of investors, including the elderly and the most vulnerable,” Joseph Borg, chair of the NASAA enforcemen­t section and director of the Alabama Securities Commission, said in the report.

In addition to the familiar investment-fraud activities, state securities regulators have taken on more and bigger cases that have focused on technology, precious metals, self-directed individual retirement accounts, and the growing number of seniors and vulnerable adults, according to Borg.

In September 2020, 30 state securities regulators joined the Commodity Futures Trading Commission (CFTC) in filing a federal lawsuit against a company allegedly involved in a gold and silver investment scheme that bilked over $185 million from more than 1,600 investors. Most of the victims were seniors who lost their retirement money.

The coronaviru­s made what criminals do easier. More people were home to answer their phones, and more people were worried about a downturn in the stock market. Trapped at home, often isolated from others, people became more susceptibl­e to the promise of better investment returns or fear that police were on the way to arrest them for alleged crimes committed using their Social Security number.

“There were a lot of opportunis­tic frauds,” Lubin said. “Some of the most effective frauds are the ones that pick up on informatio­n that is current.”

Internet and social media fraud were also prevalent because of the pandemic. Scammers used people's fears to pitch COVID cures or investment­s that supposedly would help people cash in on ventures connected to the coronaviru­s, such as a shortage of masks or hand sanitizer.

“By leveraging the popularity of platforms such as Facebook and Twitter and Linkedin, scammers try to add legitimacy to their schemes, quickly establishi­ng trust and credibilit­y in an otherwise anonymous environmen­t,” the NASAA report said.

The report also pointed to the effectiveness of rules based on NASAA'S “Model Act to Protect Vulnerable Adults

From Financial Exploitati­on,” which mandates action when a financial profession­al believes a senior or vulnerable adult may be the victim of financial exploitati­on or is about to be victimized. To date, 32 jurisdicti­ons have enacted rules or legislatio­n based on the model rules, the NASAA report said.

As much work as state regulators do, it's important that you look out for these red flags:

h You’re promised a low-risk, high return. If anyone is promising you that a low-risk investment has a guaranteed high return, you are probably about to be scammed. Any promotion that uses the words “secure,” “guaranteed” or “safe” along with a promise of a high return is most likely a fraud.

A Texas man who advertised himself as the “Money Doctor” was sentenced to 25 years in state prison last year. William Gallagher, who pleaded guilty, was ordered to pay more than $10.3 million in restitutio­n to the victims of his Ponzi scheme, which specifically targeted elderly investors' retirement funds. Gallagher falsely claimed to be a licensed investment adviser and promised investors that they would receive guaranteed, riskfree returns ranging from 5% to 8% a year.

h You’re pressed to recruit friends and family members. If your big payoff depends on the recruitmen­t of others, you are probably being enticed into a pyramid scheme.

h You’re told a tax bill needs to be paid with a gift card. This is 100% a scam. No government agency will ask you to pay a fine or penalty in gift cards – or in wire transfers, for that matter.

Contact your state securities regulator to check that the seller is licensed and the investment being promoted is registered. Go to nasaa.org to find your state securities regulator's office. There's a link for “Contact Your Regulator.” Trust me, they want to hear from you before you hand over any money.

Contact Michelle Singletary at michelle.singletary@washpost.com.

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