Elder Financial Fraud
Elder financial abuse is on the rise and is expected to impact an increasing number of families across America over the next decade. The Securities and Exchange Commission (“SEC”), Financial Industry Regulatory Authority (“FINRA”), Consumer Finance Protection Bureau (“CFPB”) and Commodity Futures Trading Commission (“CFTC”) have all issued special alerts and other warnings about how elder investors can try to avoid being victims of investment fraud.
State of Florida Statute 825.103 is designed to punish perpetrators of “elder financial fraud” and protect the exploitation of elderly persons. A financial advisor or other person engages in elder financial fraud if he/she:
- Knowingly, by deception or intimidation, deprive the victim of use or benefit of personal funds;
- By an individual who know or reasonably should know that elderly person lacks capacity to consent; and
- Breach of fiduciary duty to an elderly person which results in an unauthorized appropriation.
Trusts and trust funds are often part of an elderly person’s estate planning, and the related fraud is a growing type of elderly abuse. The trustee who oversees the funds in a trust has an obligation to put the interests of the beneficiary above their own. However, trustees also have power over the trust and more knowledge than the beneficiary, and therefore the opportunity for fraud and misconduct.
There is widespread gross misconduct by trustees who are taking advantage of the elderly and abusing their trusts and trust funds.
Our trust fund fraud attorneys have experience representing the interests of trusts in arbitration claims.
Our attorneys routinely represent investors in claims against stockbrokers, investment advisors, and others for elder financial abuse when a trusted advisor takes or borrows money from a client under false pretenses. In other cases, our attorneys have successfully recovered money for the sale of unsuitable investments.
Elder financial abuse is on the rise including claims against financial advisors who offer “free” lunch seminars, use misleading professional designations, and peddle purposefully complex products which many seniors (and others) cannot understand. Regulators highlight that scammers count on the victims’ silence to keep their activities ongoing.
Among other matters, our lawyers’ represented several dozen elderly investors to recover several million dollars they had lost in investment scams. The SEC ultimately charged the broker in that scam with fraud for preying on elderly members of his own community. Managing Partner, Scott L. Silver of the Silver Law Group was honored with the Daily Business Review’s “Securities Litigator of the Year Award” for his work on the case.
Elderly investors are frequently targeted for investment/securities fraud, including Ponzi schemes. Many financial advisors give the appearance of legitimacy by the promoter of an investment/security through various methods to unwary or unsophisticated investors. Targeted investors include members of a group or organization (affinity fraud) or individual with little investment experience. Common red flags of an investment or securities fraud include:
- Financial Advisor Recommending Early Retirement Plans
- Guarantees of Principal and Interest;
- Unregistered Investments;
- Fictitious Custodian of Funds;
- Difficult to Understand Investments;
- Senior Advisor Designations Without Any Credentials or Licenses;
- Advisor Insists “His Family Members” Invested;
- Contact by Phone or Email By Stranger; and
- Sense of Urgency From Advisor.
Silver Law Group has pursued claims in FINRA arbitrations and in federal court for violations of various states’ laws against elder abuse. We are also frequently sought by trust estate lawyers and in probate matters to investigate and potentially pursue claims for investment fraud cases. Our lawyers won more than $1 million for an elderly client scammed by a stockbroker in a FINRA arbitration claim award believed to be one of the first successful cases under Florida Elder Abuse Statutes.
Silver Law Group’s attorneys are frequent lecturers at retirement communities, town meetings, pension groups, and other places and discuss with those audiences proactive measures to avoid being victims of investment fraud. We would be happy to speak to your group, free of charge, about what the members of the group can do to protect themselves from investment fraud. We never charge for a consultation and are happy to talk privately with someone about their personal financial situation.
- A List of the Most Common Elder Investor Scams
- Financial Advisors Recommending Early Retirement Plans
- Florida Elderly Exploitation Act: What You Should Know
- Protecting Investment Accounts
- What is Affinity Fraud?
- Wisconsin Elder Fraud Statutes
- Maine Elder Fraud Statutes
- Wyoming Elder Fraud Statutes
- Oklahoma Elder Fraud Statutes
- Texas Elder Fraud Statutes
- Kansas Elder Fraud Statutes
- South Dakota Elder Fraud Statutes
- Pennsylvania Elder Fraud Statutes
- Washington Elder Fraud Statutes
- Massachusetts Elder Fraud Statutes
- Florida Law Prohibits Abuse or Exploitation of the Elderly
- Ohio Elder Fraud Statutes
- Vermont Elder Fraud Statutes
- Nevada Elder Fraud Statutes
- Tennessee Elder Fraud Statutes
- Delaware Elder Fraud Statutes
- Virginia Elder Fraud Statutes
- Mississippi Elder Fraud Statutes
- West Virginia Elder Fraud Statutes
- Colorado Elder Fraud Laws
- Indiana Elder Fraud Statutes
- North Dakota Elder Fraud Statutes
- Hawaii Elder Fraud Statutes
- New Mexico Elder Fraud Statutes
- Nebraska Elder Fraud Statutes
- Rhode Island Elder Fraud Statutes
- Maryland Elder Fraud Statutes
- South Carolina Elder Fraud Statutes
- Montana Elder Fraud Statutes
- Idaho Elder Fraud Statutes
- Iowa Elder Fraud Statutes
- Louisiana Elder Fraud Statutes
- New York Elder Fraud Statutes
- Arizona Elder Fraud Statutes
- Arkansas Elder Fraud Statutes
- Kentucky Elder Fraud Statutes
- Georgia Elder Fraud Statutes
- North Carolina Elder Fraud Statutes
- Missouri Elder Fraud Statutes
- Illinois Elder Fraud Statutes
- California Elder Fraud Statutes
- Alaska Elder Fraud Statutes
- Michigan Elder Fraud Statutes
- New Hampshire Elder Fraud Statutes
- Connecticut Elder Fraud Statutes
- Oregon Elder Fraud Statutes
- Alabama Elder Fraud Statutes
- Hedge Fund Fraud
- Undue Influence
- High Income Bonds and Junk Bonds
- The Essentials of Power of Attorney Fraud in the Elderly
- NASAA: Ethical Financial Advisors can Help Clients Avoid or Spot Fraud
- Washington, D.C. Elder Fraud Statutes
- Utah Elder Fraud Statutes
- Senior Safe
- Silver Law Group Represents Florida Seniors in Elder Fraud Cases