A Big Threat to Brokerage Firms

These days, tarradiddles and scams be observably rampant. In business, on the Internet, in the bank and any entity where money may be extracted. Brokerage loadeds and elude bullion never escaped this reality and these loadeds in any case ar really susceptible to frauds and this fact is considered as a big threat upon the wellness of the financial market. put off monetary resource are currently among the most habitual or hottest pillow slip of investment prospects in the stock market these days.This type of investment extradite been very prominent in the financial news, attracting a lot of attention from investors, securities firm firms, the Securities and Exchange Commission or secant (Evans, Atkinson, and Cho 2005) Brokerage firms on the other hand have investment advisors and stockbrokers which are pack with discipline needed to be relayed to the investors. In this manner, if they are having plans to cabbage and manipulate the information they have, which is a ver y unethical act, they actually can.The same hedgerow funds and brokerage are very susceptible to fraud caused by unsuitable investments. These unsuitable investments happen when the representative broker of the firm make misrepresentations of the investment to a customer or if this broker actor fall short in disclosing to the customer all of the material facts almost the investment (Stoneman and Schulz) In short, this is a fraud, which, the common people also reveal as a lie.Fraud is either lying or omitting something and according to the due south, low Rule 10 (b) (5), employing any scheme, artifice or device defrauding person or some entity constitute fraud or making fictive statements of material fact making the statement made, in light of the mass under which they were made, no mis steer is another way to defraud. Moreover, engaging in any act, practice or course of business which operate or would operate as a fraud or deceit upon any person or entity in connection wi th any purchase or sale of any security.Even though wealthy investors in the hedge funds consider the occurrence of fraud to be insignificant, it is currently happening too often to be ignored (Guarding Against 2005) In fact for the past fin years prior March 2005, there were already a extreme of fifty-one (51) fraudulent hedge fund cases with investor losses of approximately $ 5. 1 billion. One very popular type fraud in hedge funds was invented as early as 1919 called the Ponzi Scheme after Carlo Ponzi who depression utilized this method.With this type fraud, the fund manager maintains the fiction that the fund is execute very well and is generating returns while it encourages new investor to invest and using their investments to have a bun in the oven off those earlier investors at a higher rate quite an than investing the amount. On the side of the brokerage firms, they are the ones leaking the information to investors leading to fraud. In fact, the dry alleged that broke rage firms recruited new investors for hedge funds from their clients (a technique known as capital introductions. (Evans, Atkinson, and Cho 2005) General fraudulent brokerage firm practices include stock marker utilization to benefit a certain individual or entity utilizing phony accounts in trading in the stock market trading without the publics information doing trades that are unauthorized refusing to customers sell orders and falsifying firms records. Furthermore, more define types of brokerage fraud (Brokerage Fraud, 2008) include (1) biased investment advice (2) unfounded advice (3) inappropriate investment advice (4) continuing a risk and (5) conflict of interest.Each of these five portrays manipulation by the firm, taking its advantage as the advisor in influencing the decisiveness of the customer in an unorthodox manner. As early as 2004 the SEC has been requiring brokerage firms to present relevant information stating the ways on how they serve well the hedge funds re cruit new investors in order to stay fresh fraudulent fund raising. The SEC is also investigating selected cases to draw information from them and from which hedge funds might have used insider information to their ends and thereby gaining profit.This is especially true on initial public offerings (IPOs) This is according an word entitled Guarding Against Hedge Fund Fraud issue cast 3 of the Trusting the free Financial Advisor Journal. The SEC advices the brokerage firm in order for them to stay within the rulers and will not be penalized. This advice includes (1) fair dealing (2) best execution (3) customer confirmation rule and (4) disclosure of credit terms. These general rules are embedded in the SECs Compliance Guide to the Registration and Regulation of Brokers and Dealers.Simply stated, the SEC and the American government in general do not want to have another Merrill Lynch, Salomon Smith Barney, Morgan Stanley or Bear Sterns deceiving the public. . Works Cited Evans, Th omas G. , Stan Atkinson, and Charles H. Cho. 2005. Hedge Fund Investing Current Advice for Financial Advisers and Planners. Journal of Accountancy 199, no. 2 52+. Morgenson, Gretchen. Brokerage Firm Is Indicted In Fraud Case. The bleak York Times, July 9, 1999, from <http//query. nytimes. com/gst/fullpage. html? res=9E02E2D8143CF93AA35754C0A96F958260>.National Legal News Brokerage Fraud. 2008 from <http//www. lawyershop. com/news/practice-areas/criminal-law/white-collar-crimes/securities-fraud/brokerage-fraud/>. Stoneman, Tracy P. and Douglas J. Schulz. 2002. atomic number 20 Kaplan Business Publishers The Securities and Exchange Commission. Litigation Briefs. 2008 from . <http//www. sec. gov/litigation/briefs/homestore_020405. pdf>. Trusting the Independent Financial Advisor Journal. Guarding Against Hedge Fund Fraud issue number 3. March 2005, Switzerland Roland Ray.