SEC Nabs 4 Former Brokers in Annuity Scam Targeting Federal Workers

July 31, 2017 at 10:13 AM
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The Securities and Exchange Commission said Monday that it has charged four former Atlanta-area brokers with fraudulently inducing federal employees to roll over holdings from their federal Thrift Savings Plan retirement accounts into higher-fee, variable annuity products. 

The agency's action comes on the heels of its exam chief announcing in March that "carrying forward" into 2017, the Office of Compliance Inspections and Examination's ReTIRE initiative would zero in on variable insurance products, target date funds, robo-advice, as well as how advisors and broker-dealers are adhering to their fiduciary duties. The agency noted as well the participation of the Enforcement Division's Broker-Dealer Task Force in detecting the scam.

According to the SEC's complaint, the brokers targeted federal employees nearing retirement with sizable amounts invested in the TSP through an entity called Federal Employee Benefits Counselors. 

The complaint alleges that the brokers — Christopher S. Laws, Jonathan D. Cooke, Danny S. Hood and Brandon P. Long — "misled investors concerning significant details about the recommended variable annuity investment, including the associated fees and guaranteed investment returns."

The brokers allegedly fostered the misleading impression that they were in some way affiliated with or approved by the federal government.  

"In some instances, investors were led to believe that their funds would be invested in a product that was offered, vetted or specifically selected by the TSP," the complaint states.

The SEC issued an investor alert the same day highlighting that the TSP will never contact federal employees asking them to provide sensitive personal information and does not authorize third parties to provide counseling or investment-related services. 

The brokers sold approximately 200 variable annuities with a total face value of approximately $40 million to federal employees, who used money rolled over from their TSP accounts to fund their purchases.  

The brokers collectively earned approximately $1.7 million in commissions on these sales, the SEC said.

"As alleged in our complaint, these brokers were motivated by the prospects of higher commissions as they targeted federal employees age 59½ and over and intentionally obscured important details when recommending variable annuity purchases," said Aaron Lipson, associate director of the SEC's Atlanta Regional Office, in a statement. "They even allegedly excluded the words 'variable annuity' from some materials they shared with TSP account holders."

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