Certified Financial Planner Board of Standards Senior Financial Exploitation Study

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1 Certified Financial Planner Bard f Standards Senir Financial Explitatin Study AUGUST 2012

2 BACKGROUND AND OBJECTIVES Certified Financial Planner Bard f Standards, Inc. (CFP Bard) is a 501(c)(3) nn-prfit rganizatin whse missin is t benefit the public by granting the CFP certificatin and uphlding it as the recgnized standard f excellence fr persnal financial planning. CFP Bard acts in the public interest by fstering prfessinal standards in persnal financial planning thrugh setting and enfrcing educatin, examinatin, experience, ethics and prfessinal cnduct requirements. In July 2012, CFP Bard cntracted APCO Insight t assist with research amng its nearly 67,000 CFP prfessinals. Overall bjectives fr the research were t prvide CFP Bard with deeper insights and analysis int CFP prfessinals experiences with senirs wh have been financially explited. Additinally, the research is meant t: Infrm CFP Bard s respnse t the Cnsumer Financial Prtectin Bureau s (CFPB) Request fr Infrmatin and public cmment abut senir financial explitatin; Update CFP Bard s Cnsumer Guide t Financial Self-Defense, an essential part f effrts t prtect American savers and investrs; and Prmte awareness and natinal dialgue abut the value f prtecting cnsumers and wrking with CFP prfessinals. METHODOLOGY Research included bth a quantitative nline survey and qualitative in-depth interviews. CFP prfessinals were invited t participate in the nline survey via frm CFP Bard. Frm July 24 August 7, 2,649 CFP prfessinals cmpleted the survey. The theretical sampling errr fr the full sample is ±1.9 percentage pints at a 95 percent cnfidence interval. Data were nt weighted. The nline survey included an pen-ended questin where CFP prfessinals were asked t describe a unique r memrable experience with a senir wh had been financially explited. Frm these respnses, a select number f CFP prfessinals were invited t participate in ne-n-ne interviews t prvide mre detail and insight int these experiences. Telephne interviews were cnducted frm August 6 10, 2012; summaries can be fund in the appendix f this reprt. KEY FINDINGS Findings frm the Senir Financial Explitatin Survey demnstrate that lder Americans (62 years f age and lder) are indeed subject t unfair, deceptive r abusive financial practices and the prblem is pervasive in the United States. In particular, CFP prfessinals say they see senir financial explitatin via invitatins fr free financial/investment seminars, unslicited calls fr financial prducts/services and ffers fr high-yield investment prducts that are described as n-risk r lw-risk. Thrugh these channels and thers, CFP prfessinals cmmnly reprt the sale f unsuitable prducts, missin f imprtant facts, misrepresentatin and negligence r lack f fllw-up by financial advisrs. By far, the mst cmmn prducts invlved in the subjectin f an lder American t unfair, deceptive r abusive practices by a financial advisr are equity indexed r variable annuities. Estimated lsses experienced by senirs victimized by financial abuse are substantial $50,000 per persn, n average. Yet, while the vast majrity f CFP prfessinals (69 percent) encurage lder victims t reprt such abuse t the authrities, they estimate that nly 5 percent f senirs actually fllw thrugh and reprt the abuse. Mre specifically the data shws that: Mre than half (5) f CFP prfessinals persnally have wrked with an lder client wh has been subject t unfair, deceptive r abusive practices in the delivery f financial advice r the sale f financial prducts. 32 percent persnally knw an lder nn-client wh has been subject t unfair, deceptive r abusive practices. 1

3 Senirs are being targeted fr free lunches, risky investments and ther abusive practices. 73 percent f CFP prfessinals are aware f lder investrs wh have been invited t free meal seminars; 58 percent are aware f lder investrs wh have received unslicited pitches fr financial prducts r services; 50 percent are aware f lder investrs wh have been ffered high-yielding investments described as n-risk r lw-risk; 34 percent are aware f lder investrs wh have been pitched fr prize-winning scams; and 20 percent are aware f lder investrs wh have been subject t pwer f attrney r guardian abuse. Nt all financial prfessinals are ethical in their treatment f senirs. 74 percent f CFP prfessinals are aware f lder investrs wh have been ffered unsuitable financial prducts by a financial advisr; 58 percent are aware f lder investrs wh have been subject t missin f material facts abut financial prducts; 48 percent are aware f lder investrs wh have been subject t misrepresentatins abut financial prducts; 46 percent are aware f lder investrs wh have been subject t negligence r lack f fllw-up in cnnectin with financial prducts; and Apprximately ne in five CFP prfessinals are aware f malicius practices by financial advisrs such as fraud with intent r lying (19%) and unauthrized transactins (17%). CFP prfessinals have mst ften witnessed financial explitatin that invlved equity indexed r variable annuities (7), variable life insurance (32%), mutual funds (29%), and universal r whle life insurance (28%). Peple wh are victims ften knw the persn wh is cmmitting the fraud, with 35 percent f CFP prfessinals reprting that, n average in the cases they have seen, individuals always (11%) r ften (24%) knw the perpetratrs. Anther 25 percent reprt that lder Americans rarely (19%) r never () knw the perpetratr. One in three (33%) CFP prfessinals say there is smetimes a persnal relatinship between the lder American and the perpetratr. 2

4 DETAILED FINDINGS Prevalence f Senir Financial Explitatin The financial explitatin f senirs is clearly an issue in the United States and smething that mst CFP prfessinals reprt seeing. In fact, mre than three in fur CFP prfessinals (77%) say they have sme experience with a senir wh has been subjected t financial explitatin. Mre than half (5) say they have wrked with an lder client wh has experienced such abuse, while nearly ne in three (32%) say they knw smene persnally wh was nt a client. Experiences with senir veterans and active military members are less cmmn, but still reprted [Q1]. Thse CFP prfessinals wh reprt wrking with a senir (active military, veteran r civilian) wh was subjected t unfair, deceptive r abusive practices estimate that, n average, 12 percent f their lder clients have experienced these practices. CFP prfessinals with clients wh have a large average prtfli size ($750,000+) reprt seeing these practices significantly mre ften (average f 16 percent). Fr all CFP prfessinals, the median reprted estimate is 5 percent. Q1. D yu knw any lder peple (62 years and lder) wh, in yur pinin, have been subject t unfair, deceptive r abusive practices in cnnectin with the delivery f financial advice r the sale f financial prducts? [MULTIPLE RESPONSE] lder client 5 lder nn-client 32% active military veteran 2% N 28% Dn't knw Practices and Prducts Invlved in Senir Financial Explitatin Examples f financial explitatin f senirs are extremely diverse. Open-ended data and the in-depth interviews uncvered sme unique and distinctive instances. Still, there are clear trends in terms f hw senirs are subjected t financial explitatin. Fr example, unaided respnses frequently reference the sale f annuities withut sufficient explanatin and misrepresenting clients needs [Q3/Q4]. Furthermre, at least half f CFP prfessinals reprt seeing lder Americans subjected t financial practices via invitatins fr free financial/investment seminars (73%), unslicited calls fr financial prducts/services (58%), and ffers fr high-yield investment prducts that are described as n r lw-risk (50%). While less cmmn, the number f cases invlving prize-winning scams (34%), pwer f attrney abuse (20%), vercharged medical expenses () and reverse mrtgage scams () are still cnsiderable. Fewer than 1 in 10 CFP prfessinals reprt having seen expsure t affinity fraud (9%), ffers t participate in pensin buyut schemes () r expsure t Veterans Affairs (VA) aid and attendance fraud () [Q10]. Less than 5 percent say they knw f explitatin where senirs were prmised increased benefits r lump sum payments fr VA (4%), Scial Security (4%) r Medicare (2%) benefits [Q11]. 3

5 Much f the financial explitatin is taking place within the financial industry. Of CFP prfessinals surveyed, 83 percent reprt having seen sme example f unfair, deceptive r abusive practices at the hands f financial advisrs. Alarmingly, apprximately ne in five CFP prfessinals are aware f malicius practices by financial advisrs such as fraud with intent r lying (19%) and unauthrized transactins (17%). The mst rampant incidences f financial explitatin by financial advisrs invlve the sale f unsuitable prducts. Indeed, three in fur CFP prfessinals (74%) say they have seen lder Americans subjected t this practice. Additinally, respndents said they have bserved financial advisrs reprtedly mitting facts (58%), misrepresenting the facts (48%) and being negligent r failing t fllw-up with senirs (4). CFP prfessinals managing an average prtfli between $100,000 and $750,000 are mre likely than thse managing small (less than $100,000) r large ($750,000+) accunts t have seen all f the abve mentined practices at the hands f ther financial advisrs [Q12]. Financial advisrs use a variety f prducts t explit senirs. Hwever, by far, the mst cmmnly used prducts in these cases are equity indexed r variable annuities. Three in fur CFP prfessinals wh have seen explitatin at the hands f a financial advisr (7) cite the invlvement f these prducts. That s mre than twice as ften as the next mst cmmn prduct variable life insurance (32%) [Q13]. Q3/Q4. T what types f unfair, deceptive r abusive practices have [yur lder clients/lder nn-clients yu persnally knw] been subjected? [OPEN ENDED] [INCLUDES UP TO 420 RANDOMLY SELECTED CODED DATA] Sale f Annuities withut Sufficient Explanatin Misrepresenting Client's Needs Withhlding Inf n Risk Family-based Scams General Frauds/Scams 10% 11% 9% 4% 43% 39% 31% 3 Clients Nn-clients Q10. Have yu seen lder Americans, either persnally r prfessinally, wh were: [MULTIPLE RESPONSE] Recipients f an invitatin fr free financial/investment seminars Recipients f unslicited calls fr financial prducts/services Offered high-yield investment prduct that was described as n/lw-risk Offered t participate in a prize-winning scam Expsed t pwer f attrney r guardian abuse Overcharged medical expenses Expsed t a reverse mrtgage scam Expsed t affinity fraud Offered t participate in a pensin buyut scheme Expsed t VA aid and attendance fraud Other Nt applicable Dn t knw 20% 9% 10% 34% 58% 50% 73% 4

6 Q11. T the best f yur knwledge, d yu knw lder Americans, either persnally r prfessinally, wh have been apprached abut ways they culd increase r get lump sum payments frm the fllwing: [MULTIPLE RESPONSE] VA (veterans) benefits Scial Security benefits Medicare benefits Other Nt applicable Dn t knw 4% 4% 2% 29% 58% Q12. Have yu seen lder Americans, either persnally r prfessinally, wh were subject t any f the fllwing by a financial advisr: [MULTIPLE RESPONSE] Unsuitable prduct(s) Omissin f imprtant facts Misrepresentatin Negligence r lack f fllw-up Fraud with intent r lying Unauthrized transactins Other Nt applicable Dn t knw 7% 10% 19% 17% 48% 4 58% 74% Q13. Fr thse lder Americans yu knw wh were subject t unfair, deceptive r abusive practices by a financial advisr, were any f the fllwing prducts invlved? [MULTIPLE RESPONSE] [n=2200] Equity indexed r variable annuities Variable life insurance Mutual funds Universal r whle life insurance Stcks Reverse mrtgage Bnds CDs Term life insurance Other Nt applicable Dn t knw 19% 1 13% 8% 4% 19% 1% 2% 32% 29% 28% 7 5

7 The Victims & Perpetratrs f Senir Financial Explitatin Mre ften than nt, CFP prfessinals say senirs are subject t explitatin by peple they knw. Mre than ne in three CFP prfessinals (35 percent) say that, in the cases they have seen, individuals always r ften knw the perpetratrs, cmpared t 25 percent wh reprt that lder Americans rarely r never knw the perpetratr [Q15]. In general, as age increases, s des vulnerability. Mst senirs reprted by CFP prfessinals t have been subjected r fall victim t financial explitatin were in their seventies [Q16/Q17]. Lsses can be substantial. On average, CFP prfessinals reprt apprximately $140,500 per persn being lst as a result f financial explitatin. Extreme lsses can skew this average, but while the median lss reprted is lwer, it is still sizeable at $50,000. Q15. Cnsidering, n average, the cases yu have seen f lder Americans wh were subject t unfair, deceptive r abusive practices, hw ften did the lder individual(s) persnally knw the perpetratr(s)? [n=1776] Always 11% Often 24% Smetimes 33% Rarely 19% Never Dn t knw 7% Q16/Q17. Based n yur experience, which f the fllwing age ranges is mst cmmnly [subjected /becmes victim] t unfair, deceptive r abusive practices? [n=1776] Dn t knw 3% 9% 22% 21% 24% 23% 19% 24% 17% 20% Subjected t Becme Victim t Assisting Explited Senirs and Reprting Financial Explitatin If a senir becmes victim t financial explitatin, CFP prfessinals nte there are resurces fr assistance and recurse. CFP prfessinals firms prvide a wide variety f services fr senir victims f unfair, deceptive r abusive financial practices. Mst ften, referrals and educatin services are ffered. Further advice, cnsultatin and prtfli reviews are als cmmn. A few, presumably thse at larger brkerage firms, even mentin having cmpliance and ther dedicated departments [Q20]. There are als authrities t which explitatin shuld be reprted, but while the vast majrity f CFP prfessinals encurage lder victims t reprt abuse, they estimate that nly a small percentage f senirs actually fllw thrugh. Of CFP prfessinals surveyed, 69 percent say they always r ften encurage senir victims t reprt abuse [Q21], but the median estimate f the CFP prfessinals is that nly 5 percent f thse victims actually did reprt the abuse. 6

8 Q20. What special services, if any, des yur firm prvide fr clients wh have been victims f unfair, deceptive r abusive practices? [OPEN END] Q21. When yu becme aware f an lder individual falling victim t unfair, deceptive r abusive practices, hw ften d yu encurage him r her t reprt the incident t gvernment authrities such as law enfrcement and financial services regulatrs? [n=1776] Always Often Smetimes Rarely Never Dn t knw 7% 3% 4% 21% 17% 48% 7

9 APPENDIX Survey Demgraphics Q25. What is the average age range f yur client base? < years ld Prefer nt t answer 0% 1% 2% 8% 3 47% Q27. What is the average size f yur clients prtfli? < $50,000 $50,000 - $100,000 $100,000 - $200,000 $200,000 - $300,000 $300,000 - $500,000 $500,000 - $750,000 $750,000 - $1,000,000 $1,000,000 + Prefer nt t answer 1% 11% 8% 11% 20% Q28. In additin t being a CFP prfessinal, please indicate any ther licenses, credentials and titles, yu currently hld: [MULTIPLE RESPONSE] Insurance Investment Adviser Brker ChFC CLU CPA PFS CSA Other Nne 3% 1% 12% 9% 9% 32% 30% 5 51% Q29. In which state d yu currently live? [CODED INTO REGION] Nrtheast 20% Midwest 23% Suth 34% West 23% US Territries 0% 8

10 In-depth Interview Summaries On behalf f the CFP Bard, APCO Insight cnducted in-depth interviews amng CFP prfessinals wh persnally knew r had wrked with a senir wh had been subject t unfair, deceptive r abusive financial practices. This dcument includes summaries f these interviews, which were cnducted frm August 6-10, Misrepresentatin A CFP prfessinal in Michigan had an eighty-six-year-ld client wh was subjected t deceptive practices in His client was in the prcess f acquiring Veteran Affairs ( VA ) benefits when a representative f an insurance rganizatin visited her nursing hme, prmising t maximize the amunts f VA benefits. She was given paperwrk t sign that wuld have clsed all f her current investment accunts and transferred the mney t be managed by the insurance representative. After being apprached by his client and her daughter, the CFP prfessinal went with them t visit the VA ffice t understand if the rganizatin culd actually expedite benefits. The VA fficial was aware f similar scams and tld the wman that she culd nt imprve her chances fr benefits r speed up the VA by transferring her assets. Frtunately, the CFP prfessinal and the VA fficial persuaded the wman nt t transfer her assets; if she had dne s, she wuld have lst a $40,000 death benefit, $60,000 in prcessing fees, and whatever the rganizatin wuld have charged her fr a new trust. Inapprpriate prducts A CFP prfessinal based in Califrnia has a friend whse seventy-year-ld mther-in-law was repeatedly sld inapprpriate annuity cntracts. After lking ver her investments, the CFP prfessinal discvered several annuities that had been sld t her by insurance cmpanies with high annual cmmissins f 20-2.Sme f the cntracts als had twenty-year surrender charges.he estimates that she lst ver $10,000 and, althugh he helped her remve her assets frm the inapprpriate funds and write letters f cmplaints t the insurance cmpanies, he des nt expect her t recver her lst funds A CFP prfessinal in Maryland has an eighty-year-ld client wh was subjected t unethical practices. While they were meeting, her client mentined purchasing an aut repair insurance plicy, which the CFP prfessinal thught was suspicius, cnsidering that her client rarely drives and already has a valid warranty. After cntacting the insurance cmpany, the CFP prfessinal was able t cancel the plicy fr her client, but she fund it t be a very difficult prcess and understd hw an elderly persn might fall victim t giving their infrmatin t such persistent salesmen. A few mnths later, her client s bank called the prfessinal asking whether r nt they shuld clear a $499 check fr a similar insurance prvider. The CFP prfessinal called the cmpany t cancel the plicy, but a few weeks later the check cleared. The CFP prfessinal estimates that her client lst $ A CFP prfessinal based in Ohi encuntered an elderly cuple in their early seventies wh had been sld inapprpriate annuities. Tw different insurance cmpanies had sld them fixed annuities, ne with 15 years f surrender charges and anther with 12 years f surrender charges that were 20% per year fr the first five years. The CFP prfessinal did nt believe that there was any recurse fr the cuple since they had these cntracts fr ver a year and had passed the date by which they culd terminate the cntract. Pwer f attrney abuse A CFP prfessinal in Illinis had an eighty-year ld client wh was subjected t Pwer f Attrney abuse. His client had signed his Pwer f Attrney rights ver t his nephew. The client s nephew drpped ff the Pwer f Attrney paperwrk regarding his uncle s brkerage accunt at his bank, nt realizing that the tw services are distinct. The nephew then began using his uncle s debit card t withdraw mney frm the accunt. Between $5,000 and $10,000 was withdrawn frm the accunt befre the bank realized the Pwer f Attrney paperwrk was fr the brkerage services. The CFP prfessinal was able t freeze his client s accunts, althugh the situatin is still nging. 9

11 Fraud & Scams A CFP prfessinal in Mississippi has a seventy-tw-year-ld client wh was the victim f a real estate Pnzi scheme. His client attended a time-share investment seminar where the realtr prmised exceptinally high yields f 9-10% annually. After investing $50,000 twice, the client received a call frm the realtr asking him t invest a third time. Hwever, the client was lw n funds and was able t deliver nly a prtin f the requested amunt. Sensing that the client had n mre mney, the realtr began t stall and declined t return phne calls. The client eventually realized that he was a victim f fraud, but delayed cnsulting with the CFP prfessinal ut f embarrassment. The CFP prfessinal helped his client infrm the authrities and btain a lawyer. A trial ensued, but he was unaware if there had been any reslutin. The client als tried t pursue legal actin against the agent s cmpany, but they denied any invlvement. Since the scam, his client has had t cme ut f retirement, returning t wrk A CFP prfessinal in Texas had tw clients wh were subjected t financial deceptin. The first client, a wman in her late sixties, heard f an nline advertising cmpany thrugh her church cngregatin. She apprached the CFP prfessinal wishing t cash in her IRAs and invest in the cmpany. Althugh the CFP prfessinal warned her client against investing in a cmpany that ffered such high returns, her client invested anyway. It was eventually revealed that the cmpany was running a Pnzi scheme and the US Attrney s Office ultimately seized its assets. The client lst ver $150,000, but believing that the gvernment is t blame, refuses t reprt her lsses t fficials. The CFP prfessinal s secnd client, a wman in her seventies, was deceived int giving mney t a freign lttery scam and lst almst $200,

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