High Pressure
Sales of Stocks:
High Pressure Sales
Some disreputable brokerage firms
will push what is called a "house stock". A "house
stock" is essentially a stock that the firm wants people to
buy in order to artificially increase its value. Once the price of
the stock is high the disreputable broker will tell
"preferred" customers to sell, while letting the other
customers who are not in the "loop" suffer the resulting
collapse.
These "house stocks" are
often penny stocks with low revenues and low earnings and are
usually not carried by any exchange except the NASDAQ
over-the-counter (OTC) market. Often they are pushed with
"boiler room" tactics and billed as "can't
loose" stocks. Inexperienced investors are particularly
susceptible to the "hard sell". Pushy sales tactics are
not alone a crime, however, if a stock broker has deliberately
withheld or misrepresented the material facts in the
recommendation or sale of a stock there is a good chance he is in
violation of trade laws.
Touting
"Boiler room" firms
generally lure clients in by initially making very safe and
obvious recommendations. In the first series of calls they will
recommend small investments in reputable established companies
with a steady and rising stock value. Once they've established the
clients trust they will typically refer the client to a
"senior account executive" who has "more experience
and expertise". In reality the "senior account
executive" is simply a seasoned, high pressure sales person
who will attempt to sell the client on "house stocks".
From that point forward, the firm will only recommend "house
stocks". This illegal technique is called touting.
Hot Tips
A broker may not recommend a stock
unless he has some legitimate basis to believe that it is in fact
a good investment. It is illegal for the broker to withhold
critical information from the client. If a broker recommends a
stock to a client based on insider's trading information it is
possible that this also could be considered fraud, whether or not
the "hot tip" is real or false. In either case the
broker would be in volition of insider's trading rules. Investors
who feel that their broker has violated insider's trading rules
should contact a securities lawyer as soon as possible to avoid
being implicated and to learn their legal rights.
How to get out
Whenever a client is dealing with
a firm or a broker who is making exaggerated predictions about the
stocks they are promoting, using high pressure sales techniques or
refusing to allow the client to sell their own stocks, it is
likely that the broker is a defrauder and the client should place
their money elsewhere. If damage has already occurred, the wisest
course of action is for the client to withdraw all their monies
from that firm and seek legal help. Securities lawyers are skilled
dealing with this type of situation and can help the mistreated
client get their money back.
Pump and Dump - Internet stock
fraud
Another type of stock fraud seen
frequently in the last few years is a technique called "pump
and dump". It works as follows: a fraudulent company floods
the internet with misinformation via spam mail and message boards
promoting the small company. If the fraud works it will cause a
surge in the price and volume of the stock allowing the defrauders
to sell their shares at a profit. Meanwhile the investor, who was
misled by illegal misinformation, stays in and gets hammered. The
defrauder will literally have "pumped" up the stock and
"dumped" it.
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