The Landscape Of Financial Exploitation Rules: Part 1

By Clifford Kirsch, Sue Lee and Ben Marzouk (December 15, 2017, 11:11 AM EST) -- The financial exploitation of certain specified adults, including senior investors and other vulnerable investors (e.g., investors with physical or mental disabilities who are unable to protect their own interests), has been a major focus of federal and state legislators and regulators in recent years. As the baby-boomer generation exits the workforce and transitions into retirement, senior investors will begin accessing their retirement savings, which will undoubtedly lead to opportunities for unscrupulous investment advisers and broker-dealers to exploit these senior investors, particularly those with diminished mental capacities. To prevent this abuse, financial institutions should carefully review the emerging federal and state framework regulating the financial exploitation of senior investors and adjust their policies and procedures accordingly to address senior financial exploitation in particular, and more generally issues regarding investors who have diminished capacity....

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