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CFTC official warns of 401(k) rollover scams that push retirees into risky self-directed IRAs

Commodity Futures Trading Commission · July 10, 2024
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Summary

An agency official at the Commodity Futures Trading Commission described a common scam in which fraudsters persuade people to move 401(k) funds into self-directed IRAs and buy overpriced metals, sometimes producing losses of 40%–60%; listeners were directed to CFTC advisories and whistleblower.gov.

An agency official at the Commodity Futures Trading Commission warned listeners about a persistent "401(k) rollover scam" that lures people to transfer money from regulated 401(k) plans into self-directed individual retirement accounts and then buy overpriced precious-metal coins.

"One of the common scams we see is what we call a 401(K) rollover scam," the agency official said, explaining that fraudsters try to convince investors to move funds out of a 401(k) into a self-directed IRA, or SDIRA. The official said scammers favor SDIRAs because they remove the intermediary or fiduciary who might block suspicious purchases.

The official described the scam in stages: a fraudster persuades a retiree to request a rollover, sometimes joins a call with the 401(k) provider and helps the account-holder complete the paperwork to establish an SDIRA, and then pushes the investor to buy ‘‘overpriced, hard-to-value coins’’ the seller claims are special. "These coins are so much more valuable than that," the official quoted the sellers as saying, according to the advisory.

The CFTC official said victims can suffer large losses when the SDIRA statements arrive: "they saw that they had lost 40%, 50%, 60% of their value," and noted that older investors often lack the time to wait for market recoveries. The official gave an amalgamated example involving victims in their 80s to illustrate how the pitch targets retirees by promising preservation of principal rather than high returns.

To help the public identify and report such schemes, the agency official directed listeners to the CFTC website for customer advisories and to the agency's whistleblower portal. "If you need more information, I would strongly encourage you to go to cftc.gov," the official said, and added that whistleblower.gov includes a complaint section and additional customer information.

The advisory emphasized consumer-protection steps: be wary of offers to move retirement funds into accounts that remove intermediary oversight; verify market prices independently for any offered asset; and report suspected fraud through official CFTC channels.