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Articles Posted in Pension Fraud

Kari Marlin Bracy (aka Kari Marlin Farwell, CRD #5656186) is a registered broker employed by NYLIFE Securities LLC (CRD #5167) of Jacksonville, FL. She has been in the industry since 2009, and only with NYLIFE.

iStock-154012464-300x225Bracy is the subject of one disclosure, filed on 7/31/2018. In it, the client claims that when she invested in Future Income Payments, LLC in December of 2017, Bracy misrepresented this as a safe, conservative investment with a 7.5% annual return for ten (10) years. The client is requesting damages of $142,697.27. Bracy denies the allegations.

Future Income Payments, LLP (FIP) is the subject of a complaint filed by the Bureau of Consumer Financial Protection (BCFP). Filed in the Central District of California, the complaint alleges that the defendants violated the Consumer Financial Protection Act of 2010, 12 U.S.C. § 5536(a)(1)(B), by expressing to consumers that their “pension-advance products” were not loans and not subject to interest rates. The company also claimed that they were comparable to or cheaper than credit card rates. These “purchases” were, indeed, actually very high-interest loans. The company has since shut down, stopped making payments, and the owner, Scott Kohn, is now unavailable. These loans were sold through intermediaries primarily in the Los Angeles, Houston, Chicago, northern Florida and Philadelphia areas.

There are many different types of investment and securities fraud scams designed to bilk investors out of millions of dollars. Sometimes even billions.

As was the case of one of the world’s most famous Ponzi schemers, Bernie Madoff, who is spending the rest of his life in prison.

Attorney Scott Silver, of the Silver Law Group says:

Senior Citizens in Florida Reportedly Scammed into Investing in Fake Fish Farm on silverlaw.comSeveral older investors reportedly fell victim to the scam, including a former police officer

From 2013 to 2014, several senior citizens living in South Florida invested over $400,000 in Blue Ocean Farm, a fish farm company. Three purported financial professionals reportedly solicited funds for the farm – Rebecca Gonzalez and Matthew Braun of Boca Raton and Michael Creamer of St. Petersburg. There was just one problem: the Florida Department of Law Enforcement says that the company was completely bogus.

The scheme was allegedly spearheaded by Gonzalez, and now she, Braun, and Creamer are facing several charges, including fraud, selling unregistered securities, and the sale of securities by an unregistered person. The trio reportedly targeted six older investors, all of which handed over thousands of dollars.

Here’s what you need to do now

Elder financial fraud continues to be a lucrative scheme in America, which is why seniors and their loved ones always need to keep their guard up. We have previously discussed how to spot fraud and what some financial institutions are doing to prevent it, and this piece serves as a guide on what to do about the fraud that has occurred.

Victims, their family members, or caregivers should follow these steps to help limit the damage:

Individuals suffering from Alzheimer’s can be prime targets for financial predators

Unfortunately, we become more susceptible to financial scams from a wide range of offenders as we age. These include trusted advisors such as lawyers, accountants, and financial managers – as well as healthcare providers, caregivers, and even close family members.

Recent studies show that as our brains age, we become less able to detect deception and focus more on the potential for positive outcomes, especially when it comes to trusting people in our own social environment.

Recently, there has been an important decision that affects how pension fraud schemes are handled within the United States by the Securities and Exchange Commission. The recent case was filed against DeVere USA, Inc. DeVere USA Inc. has been registered with the Securities and Exchange Commission since June 5, 2013 and is incorporated in the State of Florida with its principal place of business in New York. DeVere USA, Inc.’s most recent report revealed that it has over $500 million in assets under management for its clients. If you have utilized DeVere’s USA Inc.’s services and have experienced losses, it is highly recommended that you speak with an attorney to see your potential legal rights for recovering your losses. 

Facts of the Case 

A case was filed with the Securities and Exchange Commission due to DeVere USA, Inc.’s failure to make full and fair disclosure to clients and prospective clients about material conflicts of interest regarding external compensation received from third-party product and service providers. DeVere USA Inc. maintains a list of clients from both the U.S. and the U.K. in which it provided investment guidance to its clients about recommended overseas transfers of U.K. pension plans to overseas retirement plans. The way they justified these transfers was that they qualified under the U.K. tax authority’s regulations as a Qualifying Recognised Overseas Pension Scheme (QROPS).

Bahram-Mirhashemi-Facing-Allegations-of-Elder-Financial-Fraud-300x200Recently there has been a trend in fraud surrounding various types of pensions. Since individuals can receive extensive incomes annually through various form of pensions, this has attracted misconduct by financial advisors and others frequently in the form of high fees and undisclosed conflicts of interest. It is important for individuals to be aware of the various forms of pension fraud that are occurring in the marketplace today. If you suspect that you have been a victim of any of the pension frauds listed below, it is important to speak with an attorney to see your potential rights of recovery. 

Employer Pension Frauds 

Employers can commit pension fraud in many different ways. There can be fundamental misrepresentations made about if they have funded pensions, miscalculation of employees’ pension benefits can occur, and they can mismanage pension investments that cause detrimental losses to pension funds. One of the more severe kinds of employer pension fraud that has occurred is when the employer borrows funds from employees’ pension funds to cover losses in the company’s business.

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