Month: June 2013

Initial Courtesy Consultation

Attorneys searching for an experienced, qualified expert can contact us by email or by telephone.  We have among the longest, deepest and broadest securities and fiduciary experience.  Since 2003 provide independent, objective securities, fiduciary, compensation and damages opinions.  We have well over 90% success achieving settlement or award. Consulting services We consult on case evaluation, […]

FiduciaryALERT™ 2011

Before 2008 a real, real estate market did not exist.  Americans are not dumb, but due to misleading information about the real estate market they made predictably bad mortgage decisions. Banks and only banks control/led leverage in two ways.  The first took place during loan origination, requiring a down payment or no down payment; 20% […]

Fiduciary Liability Exposure Attorneys, CPA’s, Business Managers, Advisers

Fiduciary Liability Exposure Checklist Pitfalls for Attorneys, Business Managers and CPAs Providing investment advice to clients whether or not you receive compensation Drawing the line between investment advice and legal, financial or tax advice Serving as trustee to accomodate a client who doesn’t want heirs to know or be involved Recommending any investment, stockbroker, financial […]

Who will be left holding the bag – redux for trustees 2013 and beyond?

In September 2005 S&P (Standard & Poor’s) issued “Who will be left holding the bag?” in what would turn out to be a prescient report about the housing market and mortgage backed securities.  Around the same time certain investment banks created a new mortgage related security called a CDO (collateralized debt obligation, some were cash […]

Trustee’s starting off with a two strike count?

HFT (High frequency trading) and the continuing SEC debate requiring a uniform fiduciary standard of care pose two potential strikes against trustees of  family and charitable trusts, Pension (Corporate, Union and State, County and City Public Employees) and 401k plans, and directors and members of investment committees and boards of foundations, endowments and non-profit, tax […]

UPIA Prudent Investor Act, Prudent Management of Institutional Funds Act

The Uniform Prudent Investor Act was adopted by the Uniform Laws Commission in 1994 and since then has been adopted into law by 43 states, some states already had similar statutes prior to 1994.   Trusts are governed by UPIA unless otherwise provided for in the instrument or under applicable law. The Uniform Management of […]

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Gold Silver Platinum Precious Metals Coins Futures Commodities Margin Trading

Individual and institutional investors often approach Gold, Silver, Platinum, Palladium or Rare Earth minerals for many of the same reasons and with similar expectations but wind up with vastly different results and sometimes dramatic losses.  What happens in the metals markets begins with analyzing major players, margin and information.  Some gold investors do not however […]

FINRA Securities Arbitration

FINRA arbitration is generally mandatory for investors with losses in individual investment, IRA, pension, trust or institutional prime brokerage accounts.  Claims for breach of fiduciary duty, suitability, failure to supervise are frequent. Chris McConnell, AIFA® Fiduciary Expert brings over 30 years over securities experience including hands-on experience, knowledge, securities, life and annuity licensing and fiduciary […]

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Trusts Elder Abuse Financial Fraud Undue Influence Incapacity

Philanthropist and socialite Brooke Astor, 105, passed away in 2007.  Her now 89 year old son (but not Vincent Astor’s son) Anthony Marshall , the court found used undue influence to gain access to and loot her $200 million estate. Underscoring the importance of independent, third party verification of trust assets, withdrawals and transactions especially […]

Shadow Banking System

The picture is a diagram of the US Shadow Banking System produced by the New York Fed in 2009/10.  It is important to note, a handful of the largest, most sophisticated American banks, largely in the Federal Reserve district east of the Hudson created and inflated the Shadow Banking system.  Layers two and three contained […]