In this episode, podcast host and author of “Control Your Retirement Destiny”, Dana Anspach, covers part 2 of Chapter 12 of the 2nd edition of the book titled, “Whom To Listen Too.” Part 2 covers "Interviewing Advisors and Avoiding Fraud."

If you want to learn even more than what there is time to cover in the podcast series, you can find the book “Control Your Retirement Destiny” on Amazon.

Or, if you are looking for a customized plan for your retirement, visit us at sensiblemoney.com to see how we can help.

Chapter 12 (Part 2) – Podcast Script

Hi, this is Dana Anspach. I’m the founder and CEO of Sensible Money, a fee-only financial planning firm. Fee-only means no commissions. I’m also the author of Control Your Retirement Destiny, a book that shows you how to align your finances for a smooth transition into retirement.

This podcast is an extension of the material in Chapter 12, on “Whom To Listen To”. I’ll be covering the topics of avoiding fraud and how to interview potential advisors.

If you like what you hear today, go to Amazon and search for Control Your Retirement Destiny. And, if you are looking for a customized plan, visit sensiblemoney.com to see how we can help.

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We’ve all heard the saying “if it’s too good to be true….” So why do we fall for fraud, over and over? I think I know the answer.

To recognize if something is too good to be true, you must know what truth is in the first place. And when it comes to investing, a lot of people have no idea what is realistic and what is a fantasy.

By the end of this podcast, you will not be one of those people. I’ve got several real-life stories to tell – stories about fraud and why people fell for it. You are about to learn what to watch out for. And as a side note – for the personal stories I tell I change names and details for privacy reasons. Although details are changed, the substance of each story is true.

Let’s start with the biggest financial scam in U.S. history – what is known as the Bernie Madoff scam – a 65 billion-dollar Ponzi scheme. If you haven’t heard of him, Bernie Madoff was the former chairman of the NASDAQ stock market. Naturally when he started his own investment firm, people trusted him. His scheme came unraveled in December 2008 and many families lost their entire life savings.

One of the men credited with bringing down Madoff’s scheme is Harry Markopolos. He tells his story with his co-author Frank Casey in their book called No One Would Listen: A True Financial Thriller.

How did Harry Markopolos figure out Madoff’s scheme? Markopolos said, “As we know, markets go up and down, and Madoff’s only went up. He had very few down months. Only four percent of the months were down months. And that would be equivalent to a baseball player in the major leagues batting .960 for a year. Clearly impossible. You would suspect cheating immediately.”

Maybe Markopolos would suspect cheating immediately, but would you? Harry Markopolos was in the investment business. He knew what is and is not possible. But what about the average person who walked into Bernie Madoff’s office and was told that they could consistently earn 12% returns each year? Any one of us in the investment business would walk out and head to the authorities. But the average investor? They think that sounds great and that someone has the magic formula to make it happen. They don’t know that they should suspect cheating immediately.

How can you assess what is realistic and whether someone is lying? First, you must understand that safe investments earn low returns. If a proposed investment pays more than a money market fund or more than a one-year CD, than there is risk. If someone doesn’t explain those risks and tries to assure you that your money is completely safe, they aren’t telling the whole story. You also must know that volatility, or ups and downs, are a normal part of investing. If someone tells you it will be a smooth ride with great returns, watch out. Something is not right.

Despite the publicity that the Madoff scandal received, Ponzi schemes continue and people continue to fall for them. Most recently, a New York Times article chronicles “The Fall of America’s Money Answers Man” which is the story of Jordan Goodman, a well-known finance guru who has books and radio shows.

As Goodman’s work became more popular, he began touting all sorts of investments and was being paid to promote these investments. That is not illegal, as long as it disclosed. But he wasn’t disclosing all these relationships. And, on one of his radio shows in about 2014, Goodman began talking about one particular investment where you could safely earn 6% returns. He was quoted as saying “There’s a way of getting 6 percent and not having to worry about capital loss. It’s very safe.” This investment he was promoting turned out to be a Ponzi scheme.

How could you recognize that this was a scam? After all, maybe 6% doesn’t sound like a return that is too good to be true? Well, it’s all relative. In 2006, you could earn 6% in a money market fund, but in 2014, you were earning about zero in a money market fund. And in today’s low interest rate environment, you might earn 2.5%. So, if someone is promising a safe, stable 6% no-risk return, you should be skeptical. And if you do decide to go forward with such an investment, you most certainly would not put in more than 5-10% of your money.

As a legitimate investment advisor, my job is to provide people with a realistic set of potential outcomes. What happens when I compete with someone who is lying? It’s hard.

I can present all the logic in the world, but when some unscrupulous advisor promises bigger returns with no risk, it is often with a sense of helplessness that all I can do is stand by and watch someone lose money.

In 2007 I watched one of my clients get sucked in by this kind lie. He came in for our annual meeting about a month before he was supposed to retire. He told me he wasn’t going to need to withdraw money from his IRA as we had planned.

“Why?” I asked, intrigued.

He replied that he’d invested $100,000 in a currency-trading program that was paying him $5,000 a month. He showed me the checks he had been receiving.

I got a sick feeling in the pit of my stomach. I knew the math didn’t add up. At $5,000 a month, that’s $60,000 a year, on a $100,000 investment. No one can deliver those kinds of returns. But how do you explain this to someone who has checks in their hand?

Within six months, the currency trading program he invested in was discovered to be a scam, and the perpetrators were arrested. I wasn’t surprised.

After netting out the checks he received, and the tax deduction for the fraud loss, he ended up about $50,000 poorer. Luckily, the rest of his retirement money remained invested with me, in a boring balanced portfolio of no-load index funds, so his overall retirement security wasn’t affected.

Another thing scam artists do is appeal to your ego or to your religion – or both. I saw one former client of mine lose $4 million to such a scam.

After working together for several years, this client sent me a wonderful email letting me know how much they had appreciated working with me, but that they were moving their funds to a firm that shared the same religious affiliation as they did. This firm also told them they would have access to exclusive investments only available to high net worth individuals. There’s the ego appeal. And, the firm told them it would handle everything: legal work, accounting, and investments. In hindsight, this makes sense. It keeps other expert eyes from questioning what is being done.

A few years later, this client came back in to see me with a stack of papers in hand, asking me to help figure out what had happened to their money. I read, and I read some more. I turned white as chalk as I kept reading. Four million dollars—nearly all of their money—was gone. I immediately sent them to see an attorney who specialized in these types of cases.

How did this firm scam the client out of 4 million? They got them to sign a series of promissory notes. The notes were supposed to pay 10 – 12% returns and the money was going to be used for real estate development. The client signed the notes, wired the money, got a few interest check payments and that was it. They were told the real estate development floundered. I don’t know what really happened or where the money really went.

What I do know is the client’s lifestyle was forever changed.

How can you avoid such a scam? Well, legitimate advisors won’t ask you to sign a promissory note. Instead your money is placed with a reputable custodian like Charles Schwab, Fidelity, or T.D. Ameritrade. A custodian reports directly to you.

For example, my firm uses Charles Schwab as our primary custodian. We can initiate transactions, but Schwab reports those transactions directly to the client. We have no ability to make up what the account statement says. In the cases we have discussed so far there was no third-party custodian. So the advisor could make up what the statements said and what they were reporting to the client.

Con artists are skilled at finding people who are trusting and vulnerable. You may be savvy, but what about your spouse? This is another real-life case of mine. The story of Henrietta, who was referred to me by her CPA after her husband passed.

Henrietta and her husband Frank had an impressive collection of original art-work worth millions. Frank passed away when Henrietta was about 78 years old.

Frank and Henrietta had a long-term friend from th