Aidikoff, Uhl & Bakhtiari logoSecurities Arbitration and Litigation800.382.7969Search: Search buttonHOMEFIRM PROFILEPRACTICE AREASNEWSBLOGFAQCONTACT USSECURITIES ARBITRATION AND LITIGATIONEMPLOYMENT ARBITRATION AND LITIGATIONSECURITIES PRODUCTSCLASS ACTIONSANNUITIES AND INSURANCE PRODUCTSPhoto of newspapersHome > News > Could you fall this hard for a stockbroker’s scam?COULD YOU FALL THIS HARD FOR A STOCKBROKER’S SCAM?9/7/1998Medical Economicsfast-talking broker swindled one doctor out of almost $185,000. Such scenarios happen a lot more often than you’d think.Clark Gardner was the classic cold-call victim.Although initially skeptical when a broker he didn’t know phoned, the Los Angeles radiologist was won over by the fellow’s persuasiveness. Like many specialists, Gardner had seen his income drop. So this usually conservative investor was open to new ideas.Thirteen months later, the broker had committed almost every cardinal sin in the securities business – among them fraud, churning, and unauthorized trading. And the doctor was out almost $185,000.Gardner, 52, had fallen into the clutches of a so-called boiler-room operation. Brokers from such outfits hype thinly traded, risky stocks, mostly issued by start-ups with little or no earnings. The brokers buy thousands of shares for pennies each. Then they talk up the stocks to clients, calling the companies “hot,” or “sure winners,” and sell the shares at marked-up prices.On the strength of the buying, the prices may rise even higher, encouraging the clients to buy more. When the stocks sell out, their prices fall, and investors get stuck. This is known as “pump and dump.”Here’s Garner’s instructive story, told mostly through excerpts from taped phone conversations between the doctor and his broker.Wizards at winning confidenceEarly in November 1994, Gardner took a call from a broker who introduced himself as Samuel Weber of Stratton Oakmont, a Lake Success, NY, firm. Gardner, who already had a broker in Los Angeles, didn’t know the firm.Weber assured him that the brokerage was established and reputable, with a track record of 22 successful new stock offerings, and that it recommended investments only on the basis of thorough investigations of the companies. If the doctor did business with Stratton, Weber would monitor his account and would never risk his principal, the broker said. And he would sell any stock Gardner owned if its price dropped more than two points.Weber phoned Gardner a few more times before trying to sell him stock. Each time, he promoted Stratton as a brokerage worth doing business with.Stratton Oakmont’s records indicated that I million phone calls were made each month from the firm’s office. According to another source, the New York State Attorney General’s Report on Micro-Cap Stock Fraud, cold callers generally begin work at 7:30 or 8 a.m., so they can reach East Coast business owners directly – before their secretaries can screen their calls. The callers may work as late as 10 p.m.
Toward the end of the month, Weber called and said the price of Dr Pepper/Seven Up would be rising. He assured Gardner that it was a low-risk stock, the only type he’d recommend.
The broker followed up with a new-account application form he’d already filled out, listing Gardner’s approximate net worth as $2 million-plus (Gardner had told him it was about $1.3 million) and his investment interest as including speculative companies. When the doctor questioned these misrepresentations, Weber told him the document was computer-generated and unimportant. He urged Gardner to sign it, so he could take advantage of the firm’s investments.
Gardner did so and purchased 200 shares of Dr Pepper for $5,210.
This was the first step in what Gardner’s attorney, Philip Aidikoff of Beverly Hills, CA, has dubbed “the Stratton two-step.” Recommending a well-known stock that trades on the New York Stock Exchange is a common boiler-room technique. “It lulls the investor into a sense of security,” Aidikoff says. “The next step is to get him to buy a stock the firm is pushing for its own reasons.
Sure enough, about a week later, Weber recommended that Gardner buy shares of Select Media Communications. Stratton had investigated the start-up television-production company thoroughly, Weber said. He himself knew the people who ran it. It was a guaranteed moneymaker. Gardner purchased 2,000 shares at 8 per share.
Many brokers know little about the securities they offer or their chances for success. The reality is that 90 percent of the companies being pitched won’t produce profits. Nor do brokers have much empathy for clients who lose money. Some actually laughed when a guy would send in $50,000.
– A disguised ex-broker, testifying at the New York state attorney general’s 1997 public hearing on stock fraud.
Two weeks later, Weber suggested that Gardner increase his position in Select Media, even though the price had slipped to 6 3/8. There was no problem, the broker reassured his client; this was a buying opportunity. Gardner invested $19,135 more.
Weber never mentioned that Stratton Oakmont made a market in this security, meaning it buys a percentage of a company’s stock to sell and, as a result, can influence the selling price.
In January 1995, Gardner invested $20,010 in United Leisure, on the strong recommendation of Weber. The broker said the company was solid and that its stock price was near its low and would rebound as seasonal travel increased. In truth, United Leisure, a children’s day-camp operator, fledgling real estate developer, and part-owner of a shopping mall and casino, had been mired in expensive litigation since 1986.
In February, Gardner invested an additional $71,145 in United Leisure. A small part of the funds came from the proceeds of the sale of Dr Pepper, which had produced a profit of $1,190. Most of the cash – $61,730 – came from the sale of another investment, DualStar Technologies, a new issue underwritten by Stratton.
Weber had recommended the doctor sell DualStar, a holding company with subsidiaries in heating, air-conditioning, and related areas, after owning it only two days, supposedly because he saw a selling trend he didn’t like. DualStar’s price had risen since Gardner had invested. If Gardner were to sell his shares and put those funds into United Leisure, Weber said, “I think we can take in some relatively fast profits in that, as well.” If DualStar’s stock price went down later, he might want to buy back in. Gardner, seeing another small profit – $4,845 – agreed the move made sense.
Even if the first purchase yields a profit, the client will lose money in the end. The shell game can only be played for so long. Ultimately, someone will have to bear the loss. With complaints inevitable, it is necessary for brokers constantly to find new investors and to string along existing customers for more transactions.
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– A disguised ex-broker, testifying at the New York state attorney general’s 1997 public hearing on stock fraud.
So far, Gardner had invested $118,000 and had profit of $6,035. He asked Weber to sell his Select Media shares, which Weber didn’t do.
Relentless pressure to buy more stocks
On March 22, Weber was back on the phone, excitedly saying he had “incredible information” to share with Gardner. An institutional investor was going to make a major commitment to DualStar, now trading at 6 1/8, and Stratton Oakmont’s president was saying it was going to be a $20 stock, maybe more.
“It’s mind-staggering,” Weber said. “If we get the stock running at 20, that’s a $14 move. For someone who comes in here at 20,000 shares, Clark, we’re talking about a $280,000 potential. And if he’s right about a $25 or $30 plateau, we’re talking la-la land.” It would be a route to gains while Gardner was waiting for Select Media and United Leisure to come to life, Weber said.
Gardner, however, was turning skeptical. “I want to believe you, but this is exactly what you told me before.”
“No, no, it is not,” Weber retorted. “I wasn’t talking about these kinds of numbers before. This is like a dream. You get one shot at a stock like this.” He went on to enumerate new contracts DualStar had signed, and predicted that “overnight” it would go from a $42 million company to almost a $100 million company. Gardner should buy 100,000 shares, he said.
His client wasn’t biting, but Weber wasn’t going to take No for an answer.
Weber: “Based on the enthusiasm here, I think we’re going to continue seeing the stock move, up. If you had the wherewithal to go 100,000 shares, this is the one to do it on. And I’m telling you this as someone who considers himself more than just a broker. I like you, all right? I want to see you make money.”
Gardner: “I can’t get my hands on much; it’s tax time.”
Weber: “It always seems to be like that in life. The best things seem to come along when it’s the hardest to move.”
Gardner: “We weren’t expecting to be sitting here with such tremendous losses.”
Weber: “No, no, obviously not. And this is certainly one way to overcompensate for any of the losses. What can you come up with?”
Sales scripts are powerful tools that allow a broker to control a conversation. Rebuttal books are filled with prepared answers designed to impress clients who don’t want to buy, and to counter any response a client may make.
– A disguised ex-broker, testifying at the New York state attorney general’s 1997 public hearing on stock fraud.
Gardner said he’d be stretching to come up with $25,000.
The broker encouraged him to “work out over the next few days how you can get 20,000 shares.” That would cost about $120,000.
Gardner dismissed that suggestion as ridiculous. But Weber reminded him it was a way to take advantage of an “incredible” opportunity. “We’ll look back at this in a few months
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