FINRA Bars Broker for Operating Ponzi Scheme

As part of an ongoing investigation, the Financial Industry Regulatory Authority (FINRA) has permanently barred a former registered representative with AXA Advisors, LLC, for conducting a Ponzi scheme.

As part of an ongoing investigation, the Financial Industry Regulatory Authority (FINRA) has permanently barred a former registered representative with AXA Advisors, LLC, for conducting a Ponzi scheme.

A FINRA news release said Kenneth George Neely of St. Louis conducted a Ponzi scheme involving at least 25 brokerage customers of AXA and his previous employer Stifel, Nicolaus & Co. Inc., as well as his own family, friends, and fellow church members. Neely induced customers to participate in a fictitious “St. Louis Investment Club” and to invest in the non-existent real estate investment trust, the “St. Charles REIT.”

Neely only stopped collecting funds when FINRA confronted him earlier this month. AXA terminated Neely’s employment upon his admission to FINRA staff that he converted customer funds for his personal use, according to FINRA.

In total, Neely improperly used more than $600,000 in investors’ assets. He returned about $300,000 of the funds back to some of the investors and converted more than half of the amount to his own personal use, FINRA said.

Background

To conceal the scheme from authorities, Neely typically had investors make payments to his wife in increments of $2,000 to $3,000, according to FINRA. He also prepared false invoices on his personal computer. The fraudulent invoices used the names of a fictitious "President" and "Secretary" and listed Neely's mother's home address as the address of the St. Louis Investment Club. Neely assured some investors by telling them he was on the investment club's board of directors.

In one instance, FINRA reported he stole $154,000 from a long-time friend and recent retiree, as well as an additional $10,000 from that friend's daughter. Neely had begun managing the friend's retirement assets in 2002, but by 2007 Neely was facing demands from clients who were seeking the return of their previously invested money, so he approached the friend with the promise of a high rate of return on the fraudulent REIT investment. Neely eventually returned $10,000 to the friend, bit used the balance of the investment to pay down personal debts, including country club and golf expenses.

In another instance, Neely induced a fellow church member to invest $35,000 of a retirement account, promising a 5% rate of return, FINRA found. He again used the balance to fund personal expenses. Neely's monthly country club dues and entertainment expenses sometimes exceeded $4,000.

"This individual was robbing Peter to pay Paul," said Susan L. Merrill, FINRA executive vice president and chief of enforcement, in the news release. "What is especially disturbing about this case is the exploitation of family and church relationships to defraud unsuspecting investors of their hard-earned savings to finance both the scheme and personal expenses."

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IMHO: “Right” Minded

One of the most common—and consistent—inquiries I receive (via e-mail, anyway) is from readers looking for help in choosing a plan provider. 

I am always flattered by the request, and always try to do my best to point them to the resources we have on our site (our annual Defined Contribution Survey and the annual Recordkeeping Survey are quite popular).

Still, there is only so much help one can offer without a fuller understanding of the current needs of the program, as well as the goals and objectives set for the future. Furthermore, providers, like plan sponsors, have “personalities” and, in my experience, sometimes the chemistry that a good relationship needs to thrive just is not there, even when the plan’s needs are reasonable and the provider’s capabilities are top-notch.

Yes, picking the best provider for a retirement plan is one of the most important decisions a plan sponsor can make—both in terms of fulfilling their fiduciary obligation and in what might affectionately be called job sanity. That said, many plan sponsors really don’t have the time—or the expertise—to pick the best provider (much less monitor that performance), and so, the smart ones do what ERISA requires—they hire the expertise to pick (and monitor) the best provider. And that’s where the retirement plan adviser comes in.

The “Right” Adviser

However, in my experience, it’s no less challenging to find the “right” adviser/consultant than to find the right provider. In fact, IMHO, it’s harder to find that adviser. Why? Well, most of us have some idea as to the features/pricing we want/are willing to pay for from a provider, but how much is good counsel worth? And how do you know it’s good counsel?

Here are seven things that I’ve told plan sponsors that they should know, and in some cases know before they start looking, before they engage an adviser’s services:

(1) Know what you want to accomplish with the adviser/why you want an adviser. Is this for a one-time consultation, or are you looking for an ongoing relationship?

(2) Know where the adviser will be. Do you care if they are geographically proximate, or is a phone call away close enough? How often will they visit? How often will they visit without charging?

(3) Know what the adviser has done for others. Get references—in fact, if you can get references first, and then call the advisers, so much the better.

(4) Know how the adviser is going to go about doing what they say they will do. Get that in writing—and hold them accountable.

(5) Know where the adviser stands on the issue of being a fiduciary to your plan. Know the size and strength of the organization that stands behind that commitment. Know that hiring an adviser who will be a fiduciary to your plan doesn’t diminish your responsibility as a fiduciary.

(6) Know what kind of background/expertise the adviser has. What kind of education, honors, and/or designation(s) do they have? How do they stay current on market and regulatory developments—and how will they keep YOU current?

(7) Know how much—and how—you will be asked to pay for the adviser. More importantly, know how much—and how—the adviser is paid for the services provided to your plan. Be sure that they aren’t compensated in a way that unduly influences (or could be seen to influence) their objectivity. If they won’t answer this question, no matter how good they seem to be, walk—no, run—away.

Of course, ultimately, the choice of the “right” adviser will be a combination of personal chemistry, professional acumen, relevant experience, and—perhaps the most element—trust.


P.S. I’m sure that, in the interests of focus and brevity, I have overlooked things. If so—or if you just want to tell me you agree—drop me a note at nevin.adams@assetinternational.com  

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