As the first baby boomers are now reaching retirement age, we are seeing an increase in the numbers of powers of attorney given to a relative or close family friend. Under the law of most states, the person who holds that power of attorney has a fiduciary duty to the person who granted the power. […]
Massachusetts Targets REITs… Again
We have written many posts about REITs – Real Estate Investment Trusts. They can be great investments but many have liquidity problems. Stockbrokers often recommend them to the wrong customers as well. In May, Massachusetts Secretary of State William Gavin announced that five brokerage firms had agreed to pay restitution of $6.1 million to settle […]
Buy America Act – Chinese Steel – Whistleblower Post
During the height of the Great Depression, President Roosevelt and Congress passed a number of measures designed to spur the national economy. Part of Washington’s “New Deal” package was the Buy American Act; a law that required the federal government to prefer American made goods in its purchases. Later, the Buy American law was supplemented […]
Pension Plan Administrator Convicted Of Fraud (Employee Benefit Plan Scam)
by Brian Mahany Tens of millions of Americans invest for the future through employer sponsored 401(k) and other employee benefit plans. These plans allow workers to lower their taxes and provide retirement income. Depending on how the money is invested, there is always a risk of loss. In the case of Matthew Hutcheson, an Idaho […]
In God We Trust, All Others Pay Cash
by Brian Mahany The headline in the Palm Beach Post says it all, “Ex Delray Beach Commissioner ‘Used God’s Name’ In Alleged $1.8 Million Ponzi Scheme.” Stories like this are far too common; fraudster’s using the Church or religious affiliations to steal from innocent victims. What makes this case so unusual is the age and […]
Company's Attempt To Force Arbitration of Whistleblowers Claims Shot Down
by Brian Mahany Arbitration clauses are where many of the big legal battles are being waged these days. Employers and businesses want to force workers to arbitrate their claims. While there are sometimes advantages to arbitration, in many cases the arbitration clauses are biased against workers. We don’t automatically disfavor arbitration, however it has to […]
"Should I Stay or Should I Go" – FINRA's New Suitability Rules (Stockbroker Fraud)
by Brian Mahany “One day is fine, next is black So if you want me off your back Well come on and let me know Should I stay or should I go? … If If I go there will be trouble An if I stay it will be double… Should I stay or should I go…” […]