Avoiding Investment Scams with NASAA

MOBILE, Ala. (WALA) - The North American Securities Administrators Association recently released its annual list of top investor threats and urged caution before purchasing popular and volatile unregulated investments – especially those involving cryptocurrency and digital assets. NASAA also announced guidance for investors, including steps to take to protect from fraud in the new year.

The top threats to investors were determined by surveying North American securities regulators to identify the most problematic products, practices, or schemes. The following were cited most often by state and provincial securities regulators:

• Investments tied to cryptocurrencies and digital assets,
• Fraud offerings related to promissory notes,
• Money scams offered through social media and internet investment offers and,
• Financial schemes connected to Self-Directed Individual Retirement Accounts.

Many of the fraud threats facing investors today involve private offerings, as federal law exempts these securities from registration requirements and preempts states from enforcing important investor protection laws. Digital assets do not fall neatly into the existing investor regulatory framework, and it may be easier for the promoters of these products to fleece the public. All investments carry the risk that some, or all, of the invested funds, could be lost.

Information about each of the 2022 investor threats and contact information for all state and provincial securities regulators can be found on NASAA’s Fraud Center.

Investors are urged to practice the following tips to identify and avoid investment scams:

• Anyone can be anyone on the Internet. Scammers are spoofing websites and using fake social media accounts to obscure their identities. Investors should always take steps to identify phony accounts by looking closely at content, analyzing dates of inception, and considering the quality of engagement. To ensure investors do not accidentally deal with an imposter firm, pay careful attention to domain names and learn more about how to protect your online accounts.
• Beware of fake client reviews. Scammers often reference or publish positive, yet bogus testimonials purportedly drafted by satisfied customers. These testimonials create the appearance the promoter is reliable – he or she has already earned significant profits in the past, and new investors can reap the same financial benefits as prior investors. In many cases, though, the reviews are drafted not by a satisfied customer but by the scammer. Learn how to protect yourself with NASAA’s Informed Investor Advisory on social media, online trading and investing,
• If it sounds too good to be true, it probably is. Bad actors often entice new investors by promising the payment of safe, lucrative, guaranteed returns over relatively short terms – sometimes measured in hours or days instead of months or years. These representations are often a red flag for fraud, as all investments carry some degree of risk, and the potential profits are typically correlated with the degree of risk. Learn more about the warning signs of investment fraud.

NASAA recommends investors independently research the registration of investment firms. They should not use hyperlinks provided by the parties and instead contact their state securities regulator or search the SEC’s Investment Adviser Public Disclosure website or FINRA’s BrokerCheck platform. Investors should be aware that scammers may misappropriate the CRD numbers of registered firms and individuals. Investors should contact their regulators if they suspect the firm is engaging in this type of tactic.

Individuals offering investments are obligated to truthfully disclose all material facts, and they must disclose the risks associated with each product. On the other hand, bad actors will often minimize or conceal risks, and use hyperbole to tout profits and payouts. Investors should pay attention to these details, as they can provide clues about the potential illegitimacy of a scam.

Bad actors may be impersonating licensed parties by using phony websites that place viruses or malicious software on the victim’s computers. Investors should continue to observe best practices for cybersecurity. The FDIC has issued guidance to assist consumers in protecting themselves from cyber-attacks.

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