The news in the financial press is that bonuses on Wall Street will be lower this year. Pay attention, because their pain will soon be your pain. Lower pay for brokers means trouble for investors. Like many Americans, brokers often live at the very limit of their financial means, leveraged to the hilt. That lifestyle costs a certain amount. When his income declines, the broker’s first choice is rarely to cut back on his expensive lifestyle. More often he chooses to find ways to replace the income he has lost. That’s where you come in.
With the market BASE jumping from its highs of last month, many investors will be in no mood to ride along. When the broker calls with the idea to buy more stock at bargain basement prices, the customer is likely to say ‘No.” If that were the end of the story, all would be well for the retail investor. But “No” often does not register with a broker whose mortgage payment is due. We will therefore see a rise in unauthorized trading. Your broker will buy things without getting your permission first.
Be ready to take immediate action. Complain immediately not only to your broker’s branch manager, but also to the firm’s compliance department. Do it in writing and keep a copy.
Your broker will ask you not to. He may say that he’ll cover you in the event of any losses (an illegal promise). Of course, he does not believe that there’ll be a loss, so he makes that promise without any thought that he’ll have to keep it. He may even beg. Over the years you may have come to think of him as a friend. You’ve told him about your family, and he’s told you about his. He may ask you to think about his family and what a complaint to his boss will mean for them. He’s a salesman. He’ll likely convince you.
Let me describe for you what will happen if you follow his advice rather than mine. Keep in mind, this is not what might happen. This is what will happen.
The problem will come in the arbitration action you file after the stock tanks and the broker does not make good on his promise to cover your losses. The broker will deny ever having the conversation in which he begged you not to tell and promised to cover your losses. He’ll claim that you gave prior permission for the trade. You’ll be stuck in a swearing contest. On cross-examination the firm’s lawyer will ask
“If the purchase was unauthorized, why didn’t complain about it?” “He begged me not to and promised to cover any losses,” you’ll reply. “Really?” the defense attorney will say. “Do you have anything in writing to prove that claim?” “No,” you’ll admit, remembering that you read this post and wishing that you’d followed my advice. Let’s assess who is likely to win that swearing contest. Remember that, by rule, one of the three arbitrators deciding your case will currently be working in the securities industry. You gave up your Constitutional right to a jury trial when you signed the paperwork opening your brokerage account. The very arbitration system into which you’ve been forced is owned and operated by the securities industry. I don’t know what you look like, but I know your broker is a salesman and is a specialist at establishing credibility. He convinced you to do something against your interest. Do you think he can convince two of three arbitrators that he is telling the truth? Bottom line, if you do not complain immediately above the broker’s head and in writing the broker will use your act of mercy against you. Don’t be surprised. His very livelihood is at stake. He would no sooner admit to what he did than he would stick his head in a lion’s mouth. The results would be the same.Complain immediately, in writing, to the branch manager and the compliance department.