Investment scams: Utah has a long history of rip-offs — shun offers
that sound too good to be
By Jessica Garrison, found at LATimes
March 29, 2006
Investment pitches that promise big returns,
low risk and financial independence may end up stealing savings, stripping
home equity and leaving investors in financial ruin.
Wayne Klein, director of the Utah Division of
Securities, says if the offer sounds too good to be true, run away.
One does not have to look far to find such
offers. A local radio advertisement recently promised a 25 percent return on
money backed by Utah real estate. In 2006, a flier handed out in one Wasatch
Front neighborhood guaranteed a 21 percent profit by handing over $10,000 and
signing a promissory note.
"So long as there are greedy investors and
people willing to tell lies to earn a living, we are going to have investment
fraud," Klein said. "I don't see either of those conditions
disappearing."
Brad Nielsen of Bluffdale knows firsthand what
it is like to be defrauded by a friend.
In 2004, Nielsen was persuaded by Kevin
Lawrence Wright to purchase a Bluffdale home for $590,000. Wright assured
Nielsen that the home would appraise for $810,000. The equity in the home
would be used, Wright told Nielsen, to help make mortgage payments and to
invest in an offshore venture that promised high returns.
"I was going to take $75,000 and put it
aside in case there was ever a problem and I needed to have a year's
period of payments," Nielsen said.
"I was supposed to be getting the interest from that offshore account to
make the house payments."
But Nielsen never saw any of the home's equity.
Instead, Wright and his business partner,
Michael Stephen Hurst, filed a lien on the home and cashed out nearly all of
the home's equity for themselves.
"At closing I was supposed to get a check
for the full equity," Nielsen said. "Come to find out, they had
invested the money into uncut diamonds. We don't know who ended up with the
money."
Nielsen contacted the Utah Division of
Securities.
An investigation by the state revealed that
Wright had used part of the money to pay off a personal debt. Hurst used the
funds for a diamond investment.
In July, the two men pleaded guilty to one
third-degree felony count of securities fraud. Wright was ordered to serve 20
days in jail. Both men were placed on probation for two years and ordered to
work 500 hours of community service.
"Utah's housing market is booming, and
unfortunately con artists are eager to take advantage of people during this
boom," Attorney General Mark Shurtleff said at the time the men were
sentenced. "We are grateful that the prosecutors and investigators in
this case did everything possible to make sure this crime did not pay."
Nielsen was able to recoup $143,410 in lost
equity from Wright and Hurst, but it came more than two years after purchasing
the home.
"It was a miserable time," Nielsen
said. "I learned a lot of things in the whole process. A lot of times
people think, 'My friend isn't going to take advantage of me.' In the loan
documents, you want to make sure that all of the paperwork is there. You need
to take the time and go down through each thing in the paperwork and make sure
you understand it."
Nielsen's story is not new. Utah has a long
history of investment rip-offs. In 2007, the state's residents can expect to
see more schemes, with real estate scams topping the list, according to the
division's top 10 investment scam predictions.
Real estate scams include:
• Promoters who use credit scores of
investors to buy and sell homes.
• So-called "hard money" lending
that is used to finance high-interest home loans.
• Investment scams in which promoters
solicit an investor's home equity to make an investment.
Klein said hard money lenders promise
investors 2 percent to 4 percent interest per month, with the guarantee that
the money is secured by property.
"They say it is secured by the property
and yet if you go look at the county recorder's office your name shows up
nowhere on the trust," Klein said. "It is a very big scam."
The second most popular scam Utahns appear to
be falling for is note brokering, in which companies advertise on the Internet
and on television infomercials about how to purchase real estate notes at a
discount, list them on a Web site sponsored by the company and resell them at
a profit.
The businesses that advertise note brokering
charge steep fees for the courses, Klein said, but fail to tell people that
they need to be licensed by the state.
"I would not do that, nor would I
recommend anybody to be involved in those kinds of situations," said
James Wheeler, senior vice president and assistant branch manager at D.A.
Davidson & Co., a Montana-based brokerage firm with offices in Utah.
"It appears that (companies) are making their money off the course."
Klein said: "If the investment is passive
and you're relying on someone else's expertise, then it is a security and they
need to be licensed. Anybody offering an investment has to be licensed."
Aside from the more mainstream scams, there is
a flurry of computerized models and investment tools that promise money to
investors by buying and selling options, Wheeler said.
"I've never met anybody who has
consistently made money speculating by doing options and those types of
investments," Wheeler said. "I had one client who was doing some day
trading, and he had a system he was sure was going to make him all of the
money he needed. He came back a year later and I asked him if he was still
doing that. And he said, 'No, it didn't work out.' We use the adage that if it
sounds too good to be true, it is."
The third most prevalent scam in Utah targets
senior citizens through "free meal seminars."
Seniors are sent invitations by mail inviting
them to a free seminar and meal, where they will be told how to protect their
retirement future.
After the seminar, promoters push one-on-one
meetings that are designed to sell annuities.
"Annuities aren't themselves scams, but
they are being sold to a lot of people in situations where it is not suitable
or not the best investment for people," Klein said. "And they carry
very high fees and in many cases a long tail, anywhere from seven to 15 years,
where you have to hold it and if you take any money out you suffer humongous
withdrawal penalties.
"When you sell something to somebody who
is 80 years old and it has a 10-year holding period, if something happens,
they can't take their money out."
The bottom line, Klein said, is that investors
must understand that promises of higher returns mean higher risk. Klein said
investors should ask themselves, if there is so much profit to be made with no
risk, why are they borrowing money from me and not a bank?
Investors should always find out if the person
offering an investment is licensed by calling the Division of Securities at
801-530-6606. Stock offerings must be registered with the division, and
promoters must offer a written prospectus summarizing the investment.
Other prevalent scams include hot tip stock
recommendations by e-mail, foreign currency trading, oil and gas investments
and prime bank schemes.
"People want to believe that there is a
way to make a lot of money and have no risk," Klein said. "If there
is no risk, then there is no reason that borrowers have to pay a high interest
rate to get money."