Quote from Lon Eagle:
Take a some smooth talking saleman who persuaded two old ladies to give him their life savings to trade with.
He then tells each one that he will charge them say 25% of profits as his fee. He leverages both up to the max, one long one short. One old lady loses all her money ,the other makes the profit and so the 'trader' makes 25%.
This is perfectly legal in the States and there is no recourse against the trader? Madness.
Lon, it is not legal and there is recourse, but only if the victims are ready, willing and able (RWA) to take initiative, take action, once the damage is done. Unfortunately, human nature is such that, often, they are not RWA to take the necessary steps and would rather put the traumatic events behind them.
Even if the rogue trader is or claims to be exempt from NFA membership and CFTC registration, he can still be sued for damages. Depending on the facts, he could also be charged in a state or federal court with one or more of the following, among others:
- breach of fiduciary duty
- gross negligence
- investment fraud and misrepresentation
- offering investment advice without a license (if required)
- breach of contract (if there is one, even verbal)
- acting in bad ("other than good") faith
Again, an injured party must lodge a timely complaint with both the CFTC and the state's Attorney General's office. Regardless of whether a lawsuit for damages makes sense / is filed or not. Sadly, in this case, it appears that the victim doesn't seem willing to accept that he's been taken advantage of. Classic case of the Stockholm syndrome...