Investor Alerts & Tips
Internet Fraud and Abuse

With the Internet becoming a common part of daily life for increasing numbers of people, it should be no surprise that con artists have made cyberspace a prime hunting ground for victims. The Internet has turned from an information superhighway to a road of ruin for victims of cyber fraud. The Internet has made it simple for a con artist to reach millions of potential victims at minimal cost. Many of the online scams regulators see today are merely new versions of schemes that have been fleecing offline investors for years.

As one veteran state securities agency official has observed about cyberspace: "In my 32 years of investigating fraud, this is by far the greatest money-making machine for scammers that I have ever seen."

The States take on Cyber-Schemes

The Rise of Online Investment Schemes

Protecting Yourself Against Online Investment Schemes

 

The States take on Cyber-Schemes

The Missouri Securities Division and the New Jersey Bureau of Securities announced on June 30, 1994, the first regulatory actions taken in the United States against online investment schemes. Internet fraud has become a booming business. The most recent figures show cyberfraudsters took in $122 million in 2002, according to the Federal Trade Commission.

"The states recognize the high value that is placed on privacy and minimal government intrusion in cyberspace, but the reality is that investment fraud is illegal and will be combated by the states wherever it takes place. We want to make sure that online investors know that they should proceed with extreme caution when traveling the information superhighway," explained Iowa Superintendent of Securities Craig Goettsch, who served as president of the North American Securities Administrators Association (NASAA) in 1994.


The Rise of Online Investment Schemes

State securities regulators have identified the following as being among the major investment scheme problems in the online world today:

  • Manipulation of obscure, thinly traded stocks. Most commercial bulletin board services allow individuals to post messages not only under an alias... but multiple aliases. Since it may be impossible for another subscriber to ascertain the true identity of the individual behind the message (or even if a series of messages are being entered by just one individual under various aliases), there is enormous potential for manipulation of little-known companies that have a small float (the number of shares available to be bought and sold). Acting alone or with accomplices, one company insider, broker, public relations executive or even just a large shareholder can leave numerous messages calculated to spark interest in an obscure stock. Once a "thread" (in this case, a series of related messages about a stock) is started, it will show up on the computer bulletin board and be readily accessible by anyone who enters the bulletin board.

  • Misconduct by phony and unlicensed brokers/investment advisors. States are concerned that brokers may be attempting to drum up new business... without the supervision of their employers and while making liberal use of illegal assurances about the potential for profit in certain investments. The problem here goes far beyond the oral comments that an aggressive broker might make to a sophisticated client, since an online message is available to be read by, not one, but hundreds of thousands of investors. Additionally, states are concerned about brokers who may try to rope in new clients without regard for the clear state interest in keeping individuals with a history of fraud and abuse outside of their borders.

  • Undisclosed interests of promoters. Schemers who promote fraudulent and abusive investment schemes exploit the anonymity of cyberspace. In reading a bulletin board message about a stock, you have no way of knowing if the person involved is a company official, PR representative or market-making brokerage firm. Has the person hyping the stock been paid to do so and, if so, has that fact been disclosed? 

  • Promotion of "exotic" scams. The manipulation of the stock of publicly traded companies and misconduct by professionals are just two types of problems that state securities agencies have detected on commercial bulletin board services and on the Internet. In hundreds of other cases, messages have been posted promoting a wide variety of highly suspect, unregistered investment deals (e.g., wireless cable television "build-out" schemes, ostrich farming, and viatical settlements), as well as flat-out rip-offs (e.g., pyramid schemes, including a number of twists on "chain e-mail letters," and Ponzi scams). These so called "exotic" securities may pose a greater threat to consumers than other cyber-schemes, since out-and-out scams often appeal to individuals who do not feel sophisticated enough to speculate in stocks. The experience of state securities regulators is that "exotics" are often just as costly to burned investors, since many schemes involve minimum investments of $5,000 or more.

 


Protecting Yourself Against Online Investment Schemes

What are the rules of the road for investors who decide to travel the information superhighway? Perhaps the most important thing to keep in mind is that there will never be enough "cybercops" to keep the online world free from fraud and abuse.

Even though state securities agencies and other investment regulators have mounted serious efforts in recent months to spot and stop cyber-fraud, the simple truth is that there are far too many places in the online world (particularly in the almost entirely unregulated Internet) for swindlers to set up shop.

This does not mean that you should avoid cyberspace. Rather, it means that investors who venture into the online world should do so with caution, being mindful of the danger of fraud and abuse.

The good news is that there are self-defense steps that you can take to fend off cyber-fraud:

  • Don’t expect to get rich quick. The online world is filled with timely and accurate information that can help you become a smarter investor. Unfortunately, it also is home to a growing amount of investment fraud and abuse. The challenge is to keep your excitement and expectations about the promise of the online world in perspective. You have to evaluate the information you get online in the same way that you would any news magazine article, television report or whispered "hot tip."
  • Don’t assume that your online computer service polices its investment bulletin boards. Most don’t. The vast majority of services take a "hands off" attitude to validating claims made in message postings. The volume of postings, which add up to literally millions of messages each month, swamps even the ones that do minimal policing. In the "wild and woolly" world of the Internet, just about anything goes.

  • Don’t buy thinly traded, little known stocks strictly on the basis of online hype. These are the stocks that are most susceptible to manipulation. Unlike blue chips and other stocks with substantial floats (the number of shares available to be bought and sold), the price of low-volume stocks can be moved through relatively small strategic trades. This is why online hype usually involves previously unknown securities, often for companies involved in mining or the world of high-tech.

  • Don’t act on the advice of a person who hides his or her identity. Keep in mind that many computer bulletin board services allow people to use aliases and nicknames. Though this is intended to protect privacy, fast-buck artists also can exploit it. As a result, you may end up dealing with an undisclosed broker, investor, or company insider intent on driving up the price of a stock through false information or baseless speculation that is difficult or impossible to disprove. Don’t assume that two or more people talking up a stock are actually two or more different people!

  • Don’t get fooled by claims made about "inside information," including pending news releases, contract announcements, and products. Investment bulletin boards and discussion groups are filled with hot tips about impending developments sure to send a stock soaring in value. Just because these tips appear in cyberspace does not mean that they are exempt from federal insider trading laws and rules. It is extremely unlikely that genuine "insider information" is going to be publicly broadcast on an investment bulletin board.

  • Don’t assume that just because someone says that they have checked something out that they have actually done so. Online stock hypesters make all sorts of claims about visiting companies, inspecting mining operations, and having personal conversations with company officials. Keep in mind that you may not be able to verify who is making these claims much less whether any of the information.

  • Watch out for conflicts of interest. A growing number of those who analyze stocks online are receiving cash or stocks in exchange for making glowing comments about the companies in question. Some of these individuals prominently disclose this fact, while others make little or no mention of the fact that they are paid touts. Make sure that you always know why someone is so "high" on an investment opportunity!

  • Make sure that an investment opportunity and the person promoting it are properly registered with your state securities agency. Laws designed to protect small investors from fraud and abuse do apply in cyberspace. A failure by an issuer or broker to follow the state requirements here is often a major "red flag" of an investment scam. Click here to find contact information for your state securities agency. 


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