How Do Stockbrokers & Advisors Steal From Their Investors? (2024)

One would think that brokers and advisors, some of whom work for the largest financial institutions, could be trusted to, at least, not outright steal your money or securities from your account.

But it is usually those who you confide in the most that have the greatest opportunity to break that trust. After all they collect and hold your assets and personal identity information. They generally know the most about your finances at the brokerage firm and elsewhere.

If you believe your investment portfolio has missing securities, you may be asking yourself did your stock broker steal your money?

Can a Stock Broker Steal Your Money?

How Do Stockbrokers & Advisors Steal From Their Investors? (1)

Unfortunately, yes, stockbrokers can and do steal their clients’ money. While theft is not as common as other investment scams, it does happen. When a brokers steals investor money for their own personal use it is called Conversion of Funds.

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Important: If you believe your broker has stolen your money, you should strongly consider speaking with an investment fraud attorney.

How do Brokers and Advisors Steal? Let me count the ways!

This criminal behavior does not happen often, but when it does, it is usually by a desperate broker or advisor plagued with gambling debts, drug habit and/or a lifestyle he or she cannot afford to pay for without stealing from clients. But this article is not about why they do it; rather, it is about how they steal your assets or help someone else access your life savings; and how you recover the loss of funds and/or securities.

Theft and forgery go hand-in-hand when it comes to stealing money or securities from clients by brokers and advisors. With the advent of desktop computers and color printers, it has become relatively easy for brokers to reproduce official-looking account statements and photo-shop to alter other account records to perpetrate and cover up the crime. For example, some brokers have been known to transfer assets to other accounts through forged letters of authorization for wire transfer payments to their accounts or credit card companies to pay off their personal debts. The advisors then re-route the real account statements to a post office box or fictitious address and send forged account statements, confirms and other official-looking documents to their clients that reflect fictitious positions and money balances. This scheme enables brokers to lead the client to believe that his/her investment strategy is working and that he or she has nothing to be concerned about when the broker has actually withdrawn a client’s funds from the account.

Not all broker and advisor thefts have been so elaborate. Depending on the client, some have been as simple as asking the client for a loan that is never paid back; asking a client to invest in a fictitious company through a so-called private securities transaction; or collecting funds from a client or group of clients to pool their funds to invest in a fictitious account the broker or advisor is supposedly going to manage. Investments in promissory notes that the broker never intends to repay or repays by means of a Ponzi scheme (a scheme where one investor’s funds is used to repay the other investor) seem to be the most prevalent form of theft today. A close second is Elder Abuse and stealing from clients suffering from dementia, a crime for which the broker or advisor deserves severe punishment.

Generally, brokerage firms are vicariously (automatically) liable for all of their employees’ bad acts and omissions, including thefts from accounts. This is especially true when it comes to actual clients who had assets stolen from their accounts at the brokerage firms. But sometimes brokers and advisors use their credentials to steal from individuals who are not clients, and this is where an attorney’s knowledge and experience in recovering investors’ losses is paramount to the success of your case.

Unfortunately, the advisor has usually spent the money and your only recourse is against his or her employer for failure to supervise its employee. What were the red flags to the employer? How close did the firm monitor the broker and his lifestyle? Did the firm even have a supervisory system in place to detect these elaborate schemes?

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How Do Stockbrokers & Advisors Steal From Their Investors? (2)

Attorney Pearce has worked these types of cases for over 40 years and has experience with many elaborate schemes brokers have used, or helped others use, to steal your money. If you are the victim of outright theft or another form of misappropriation, call us locally at 561-338-0037, toll-free at1-800-732-2889 or contact us online to arrange you free consultation.

How Do Stockbrokers & Advisors Steal From Their Investors? (2024)

FAQs

How Do Stockbrokers & Advisors Steal From Their Investors? ›

A common example of theft by conversion or misappropriation is when a broker or broker-dealer uses its relationship to an investor to obtain assets for investment purposes and converts the money to a sham investment and steals the money.

Can financial advisors steal? ›

Financial advisors can steal your money, either through direct or indirect activities. We recommend contacting a professional for immediate help and guidance in this situation. In many cases, investment fraud lawyers recommend reviewing your customer agreement with the financial advisor.

What happens if a broker steals money? ›

In theory, if you have lost money because your broker (or any financial institution) gave you bad advice, mismanaged your investments, misled you, or took other unlawful or unethical actions, you can sue for damages. If these breaches of duty are provable, the "merits of the case" are strong, as a lawyer would say.

Can a broker take your money? ›

Occasionally, a broker will engage in plainly criminal acts like theft, fraud, and forgery. In essence, the broker hatches a scheme to steal your money.

How do you know if a broker is scamming you? ›

Let's look at 5 indicators of a forex broker scam that will help you identify these common scam techniques:
  • Check your Broker's Regulatory Info. ...
  • Check Regulator's Website Database and Quality. ...
  • The Broker Guarantees High Immediate Returns. ...
  • The Broker Does Not Respond to Queries. ...
  • Read the Clients' Reviews.
Mar 7, 2024

Can you lose money with a financial advisor? ›

Paying for advice doesn't guarantee that you'll avoid all market losses. But if you're feeling squeamish about the way these investments were presented to you and how they were described, it's worth reviewing your financial advisor's credentials and assuring you're working with someone legit.

What not to tell a broker? ›

Here are the 7 most important things to not tell your realtor when selling.
  • What you think your home is worth. ...
  • Your need to sell quickly. ...
  • Plans for upgrades before selling. ...
  • Non-mandatory legal information about your property. ...
  • You're okay with an inflated history of dual agency. ...
  • Your lowest acceptable selling price.
Apr 12, 2024

Can you lose money with a broker? ›

If you're thinking about investing your money with a stock broker, it's important to know what you could be up against if things go wrong. One potential worst-case scenario is losing all of your money due to negligence or fraud on the part of your broker.

Can you trust a broker? ›

One of the most important indicators of a trustworthy and reliable broker is that they are licensed and regulated by a reputable authority. This means that they have to comply with certain standards and rules that protect your interests and rights as a client.

What is broker misconduct? ›

This can include activities like making false statements, engaging in market manipulation, or running Ponzi schemes to defraud investors. Breaching fiduciary duty is another common form of misconduct where brokers prioritize their own interests over those of their clients, exposing them to financial harm and loss.

How to know if an investor is legit? ›

Check if an investment professional or company is licensed or registered. Many investment scams start with unlicensed people or unregistered firms. Check out the background, including registration or license status, of anyone recommending or selling an investment using the free simple search tool on Investor.gov.

Can brokers take money from my bank account? ›

While your bank account is linked to your trading and demat accounts, your broker cannot withdraw funds from the linked bank account.

How to check if a financial advisor is legitimate? ›

To Search for a Licensed Investment Advisor:

You can use FINRA's BrokerCheck database to research the background and experience of financial brokers, advisers and firms. You also can check if an investment adviser is registered with the SEC.

How to verify a broker? ›

Visit FINRA BrokerCheck or call FINRA at (800) 289-9999. Or, visit the SEC's Investment Adviser Public Disclosure (IAPD) website. Also, contact your state securities regulator. Check SEC Action Lookup tool for formal actions that the SEC has brought against individuals.

How to identify a legit broker? ›

Check the website's credentials: Look for information about the company, such as their physical address, phone number, and registration details. A legitimate trading website should have this information readily available on their website.

Can financial advisors be trusted? ›

All financial advisers should be registered with the FCA. This means they meet the right standards and you get more protection if you're not happy with the service. For example, you can complain to the Financial Services Ombudsman and may be able to claim compensation if things go wrong.

What is the risk of financial advisors? ›

Significant loss threats include advisor death or disability, key person loss, an unexpected disaster (natural or otherwise), lawsuits, and failure to plan for business succession.

Can you sue a financial advisor for losing money? ›

California law holds financial advisors to a high standard of conduct. If they breach this duty, they may be liable to their clients for any losses, even if the harmful conduct was not intentional. This is known as broker negligence.

Can financial advisors get in trouble? ›

One in 13 financial advisers have a misconduct-related disclosure on their record. Misconduct is not frivolous and results in substantial costs; the median settlement paid to consumers is $40,000 and the mean is $550,000. These settlements have cost the financial industry almost half a billion dollars per year.

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