TRUE or FALSE? Your Stock Broker Was “PALTERING”
Broker-customer disputes are often resolved on issues revolving around different perceptions of truth and falsity.  At the end of the arbitration the decision may boil down to one question:  Is your stock broker/investment adviser a liar or a truth-teller?  You may think this a simple question, but it is not.  In the world of broker-dealers there is a gray area, an area where lies are supplanted by euphemism.  Lying is referred to as “fudging, twisting, shading, bending, stretching, slanting, exaggerating, distorting, whitewashing…selective reporting.”  Schauer, Frederick and Zeckhauser, Richard, Faculty Research Working Papers Series: Paltering, John F. Kennedy School of Government – Harvard University (Feb. 2007). The newest term floating about is “paltering.”  Paltering is “[t]he deliberate attempt to create a misimpression in someone by means other than by uttering a literal falsehood.” Shauer & Zeckhauser at p.9.  Dr. Bennett Blum, an expert in this area says: “Paltering is a form of manipulation that frequently occurs in cases of elder financial exploitation and undue influence…”.  Dr. Bloom applies the CAIN analysis to deceptive statements.  CAIN stands for Context, Act, INtention.  Whether a deceptive statement is a lie, a palter, a mistake or simply an act of etiquette depends upon context, action, and intention.  By using this analysis you can differentiate between a lie and a palter:
Lying occurs when truthfulness is expected, but the person in question presents factually incorrect information with the intent to deceive. Paltering also involves an intent to deceive where there is an expectation of truthfulness, but the palterer provides partially truthful information — leaving out relevant details or context (i.e., innuendo, or “lying by omission”) — or does not correct the misunderstandings or misinterpretations of the person being deceived.

PALTERING:  “The deliberate attempt to create a misimpression in someone by means other than by uttering a literal falsehood.

The paltering concept goes hand in hand with the broker’s duty of disclosure.  The stock broker/investment advisor who palters is attempting to bypass his or her duty to fully disclose all relevant information pertaining to the investment.

PALTERING AND VARIABLE ANNUITIES

Paltering is frequently seen in the variable annuities context.  Here is an example:

A financial advisor recommends that an elderly woman purchase a variable annuity.  He tells her that variable annuities provide the benefit of tax deferral (investment earnings that accumulate in an annuity are not taxed until withdrawn).  The advisor has not said anything that is false.  He simply has not engaged in full disclosure.  Specifically, the advisor failed to disclose that the deferred tax benefit is almost always offset by (1) higher fees and surrender charges and (2) higher tax rates.

Higher Fees and Surrender Charges Offset Deferred Tax Benefit

The added expenses associated with the variable annuity  cannot be justified unless the annuity is held for an extended period of time.  In other words, an investor must hold on to a variable annuity for a long period of time–sometimes decades–before the tax benefits will outweigh the exorbitant fees.  It follows that variable annuities should not be sold to individuals who are retired, close to retirement or have short term investment objectives.

Higher Tax Rate Offsets Deferred Tax Benefit

Moreover, the advisor emphasized the potential for tax-deferred growth, but did not adequately disclose that a variable annuity will convert capital gains into ordinary income.  (Earnings in a variable annuity are taxed at ordinary income levels.  By contrast, capital gains are taxed at a rate lower than ordinary income.  If placed in a variable annuity the lower tax rate is lost).  The investor will usually have to hold on to the annuity for several years before reaching the break-even point when the benefit of tax-deferral catches up with the detriment of converting capital gain into ordinary income.

Other Related Articles

The Downside of Deferred Variable Annuities

The widespread variable annuities scam is made possible by industry obfuscation of the true costs and benefits of annuities.  Variable annuities have high fees, low flexibility and horrendous tax treatment.  They are sold based on insignificant tax or insurance...

Who Is In Control: You or Your Broker?

It is easy to determine how a broker will respond to a crisis, quite easy. He will blame his customer. The broker will say “yes my advice was bad, but the customer is at fault for being such a schmuck as to follow my bad advice.” This is called “passing the buck,” or...

Financial Suicide

In England, a bartender in a tavern is responsible for the person who becomes intoxicated at his bar. At some point a bar tender has a duty to cut off the drinker’s supply of liquor. This was known in England as the dram shop law. At that time, taverns, bars, saloons,...

Investment Fraud On The Internet

Investment fraud has become a common part of internet spam, accounting for about 15% of spam email messages.  To trap the investors attention, the spam promises huge PR campaigns, mergers, buy-outs and other buzz-words.  The spams often contain outlandish price...

SENIORS BEWARE: Protecting Your Retirement Nest Egg

We are told that investing in the stock market will help us get to our retirement dreams and let us live a comfortable life.  Once we retire, we feel that we should be taken care of and should have no worries.  The reality is much different.  With the tech "bubble"...

SENIORS BEWARE: Legal Remedies for Elder Investment Abuse

Thus far this series of articles has addressed the following issues: Elder Investment Fraud:  This is the process by which unscrupulous brokers single out senior citizens for fraudulent investment purposes.  This usually entails placing the elderly investor in grossly...

The Role of Disclaimers in Brokerage Fraud

The purpose of this blog is to expose, one by one, the common methods brokers use to manipulate and deceive their clients. Today I want to discuss disclaimers. If you have recently opened an account with a brokerage house you know the general procedure. The broker...

Why Do Stock Brokers Hate Compliance?

Each year a voluminous number of disciplinary actions are instituted against major broker-dealers for failure to supervise their own brokers and financial advisers.  The number of fines levied against broker-dealers is about to increase with (1) the abolition of the...

INVESTORS BEWARE: The Problem with Class B-Shares

In recent years the NASD has fined and censored a considerable number of firms for improperly recommending the purchase of Class B shares of mutual funds. The NASD has disciplined and suspended many brokers and advisers for the same reason. Frequently, Class A shares...

Conflicts of Interest Among Arbitrators

Yesterday, the New York Times ran an article on its online page questioning the fairness of securities arbitration.  The author of the article, Gretchen Morgenson, was particularly concerned with the process used in selecting the members of the arbitration panel. ...

The Fleecing of Eearly Retirees

People who retire early need to tap into their retirement savings at an earlier date.  As such they are susceptible to pitches from broker dealers that guarantee comfortable early retirements.  During such pitches, the broker or investment adviser may promise high...

401(k) LAWSUITS: Is Fidelity Managing Your Retirement Plan?

Fidelity Investments, the nations largest retirement-plan manager, is currently involved in a lawsuit involving accusations of 401(k) mismanagement. The employees of Deere & Co., a farm equipment manager in Illinois, claim they were charged undisclosed and...

INVESTORS BEWARE: The Problem with Class A-Shares

Mutual funds are the most commonly held investment product. If you want to protect yourself from securities fraud you need to acquire a rudimentary knowledge on mutual funds.  A mutual fund is a registered investment company whose business is to invest in stocks,...

6 Ways to Avoid Mortgage and Insurance Broker Fraud

You can’t start and finish the home-buying process overnight. Rushing through the steps isn’t recommended either, since buying a home is one of the biggest investments of your life. One of the keys to buying a home is financing it. You also don’t want to rush through...