You can't regulate against greed

14 December 2009 | by George Lucas

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When the Parliamentary Joint Committee on Corporations and Financial Services handed down its recent report into Financial Products and Services in Australia, it was predictably lamenting how ‘mum and dad’ investors lacked the educational skills to critically analyse retail investment products.

The lengthy report says: “Recent catastrophic investor losses (Storm Financial and Opes Prime) demonstrate that many investors do not have the expertise to filter poor financial advice using their own knowledge about sensible investing.”

The report continued: “Many retail investors do not understand the nature of investment risk and the importance of spreading risk across diversified asset classes, instead relying on third parties to steer them in the right direction. As was made apparent during evidence to this inquiry, many investors seek financial advice for the very reason that they have minimal financial literacy, and therefore place complete faith in the investment advice they receive.”

Clearly the committee, chaired by Labor backbencher Bernie Ripoll, was deeply worried about this lack of education. It only made 11 recommendations, of which one was: “The committee recommends that [the Australian Securities and Investments Commission] develop and deliver more effective education activities targeted to groups in the community who are likely to be seeking financial advice for the first time.”

But is education the answer? Will more sophisticated investors be less sceptical of the ‘snake oil salesman’ who comes dressed in a pinstripe suit? Unfortunately, history suggests the answer is ‘no’. Because what is hardly mentioned in the Ripoll Inquiry is the role that investors’ desire to rapidly increase their wealth for little effort – or, to be blunter, plain greed – plays in these financial implosions.

All financial advisers have experienced the difficulty of managing clients whose tolerance for risk varies with the direction of the market. This changing risk tolerance is motivated by the desire to maximise wealth quicker than a sensible allocation of resources and cash flow allows.

For the sake of the argument, let’s look beyond Australia’s shores to some prime examples.

First, the Nigerian letter, or, as they are sometimes known, the ‘419 scam’ (the number 419 refers to the article of the Nigerian Criminal Code dealing with fraud). We all get these e-mails, and most immediately press the delete button. But some don’t, and according to authorities, they’re mostly professional people.

Who could honestly believe that a complete stranger was simply going to drop $12 million into their bank account? Quite a few, actually. A comprehensive report in the Canadian newspaper The Globe and Mail, estimated that for every 1,000 scam e-mails, one or two people get taken in. Some of them are well-educated doctors who have even made the trip to Nigeria to evaluate the opportunity.

There can only be one explanation for this: their greed for an easy dollar simply results in the total suspension of any common sense. This is a common occurrence.

Then there’s Bernard Lawrence Madoff, the former chairman of the NASDAQ stock exchange, who has pleaded guilty – and been sentenced to 150 years’ jail – to a massive ponzi scheme, possibly the biggest fraud in history.

His client list read like a ‘who’s who’ of Wall Street. These were not mum and dad investors, they were sophisticated, well-educated investors – many working as investment advisers at the institutional end of the market. If anyone should have seen the flaws in Madoff’s scheme, it was these investors.

But they were lured in by the fact he was always promising – and delivering – a return on investment. Where was the scepticism that says no investment manager always gets it right? Investing is cyclical and that Madoff’s investment strategy, no matter how sophisticated, could not be immune from this reality.

Flags had already been raised in the investment community about a decade ago, but those who attempted to do proper due diligence were denied and he continued to raise funds. In the end, it’s estimated the total amount missing from client accounts was almost $65 billion.

The Storm Financial implosion has been well documented. There have been endless stories about how these unsophisticated investors fell prey to Storm Financial offering a one-advice-fits-all solution for clients seeking to rapidly increase their wealth. But I have little doubt they were lured to Storm because of the offer of a higher return in a bull market. Many, I suggest, saw other financial planners who suggested boring strategies such as diversification and a conservative approach (if any) to leveraging their portfolio. But these strategies were not exciting enough – the lure of a swift financial gain was just too attractive.

History is littered with such examples, which have affected well-educated, sophisticated investors as well as mum and dads. You can go back to Tulip Mania in 17th century Holland, the South Sea Bubble in 18th century England and, more recently, the investment by banks in collateralised debt obligations to find greedy investors. Parliaments can pass all the laws they like; they will never be able to legislate against greed.

Ironically, the main bulwark against greed, and ideally the main source of investor education, are financial planners. But they are being tainted by government inquires, isolated cases of abuse and a press-seeking sensational headlines – a classic case of throwing the baby out with the bath water.

George Lucas is managing director of the boutique asset manager Instreet Investment Limited.


Add a comment10 Comments

  1. GD | 31 January, 2010 at 06:24 AM
    Sure, TP, however I would suspect its highly unusual that that all of the investors would be geared in the first place. Gearing is not for everyone. Even a basic knowledge of market history prior to 2008 would tell you the risks are potentially large. Therefore I would expect to look at a file and find at minimum some evidence of that sort of discussion with clients. Preventing blanket strategies would assist in preventing many of the problems that occur when there is a conflict.
  2. TP | 29 January, 2010 at 08:47 PM
    Don’t know that the gearing strategy was inherently wrong but the reluctance to unwind it according to market conditions may be more to do with the planner’s remuneration being linked to maintaining levels of margin lending. Classic conflict of interest - self interest always wins.
  3. GD | 29 January, 2010 at 05:33 AM
    Ruth is 100% correct, you don't learn the basics of becoming a doctor before you go to the doctor. The regulator needs lots of quality of advice auditors going around the country to find suspect practices before they blow up and to weed out the incompetent and put everyone on notice
  4. Matt | 29 January, 2010 at 12:24 AM
    Every storm investor was greedy, just like every financial adviser wants to rip people off! Get real people, generalisations on both sides don't help anyone.
  5. Ruth Fontaine | 28 January, 2010 at 07:02 PM
    Why do you need financial education for those seeking investment advice for the first time. Are you saying that if we seek investment advice for the first time that we can't trust a financial planner to do that for us. If we go to a doctor or electrician for the first time we place our trust in them. Why is it different for financial planners? If they can no longer be trusted maybe they need to come with a warning much like a packet of cigarette ie 'Please use with caution taking financial advice from a professional financial planner can destroy your life and financial future.!!!' The only greed in this whole debacle that is storm financial comes from the planners and the banks. The dollars flashed before their eyes and they couldn't control themselves and the powers that be let it happen. Now they need someone to 'blame' it's the investor who sought advice from these so called professionals.
  6. Ruth Fontaine | 28 January, 2010 at 06:44 PM
    As a storm financial investor I am disgusted by the suggestion that we are greedy. We went to a licensed professional planner for advice and made a point of asking for a safe investment. There was never any suggestion from storm that this was a one size fits all approach. There was never any suggestion from storm that this was a highly risky investment strategy, we had a planner who had a degree in financial planning and he was studying for his masters and we were told by him that this was not risky so why did we believe him - he had the education and knowledge to help us with investment advice and strategies. ASIC had given them the endorsement they needed to operate as legal professional financial planners and the Financial Planners Association also approved of Storm Financial's investment advice and were more than happy to accept them as one of their members. How many times have you read the advice 'go and see a financial planner...' that's right we're all told to do this and that's all any of us did. We all sought the services of a licensed professional planner who was approved by ASIC and the FPA and we took their professional advice. We wanted our money to grow so that we could afford to retire. Isn't that why we all seek the services of a financial planner. Now that we know that a licensed professional financial planner doesn't exist and they can strip us legally of everything we own with the help of the banking fraternity and the government in this country is it any wonder that we get angry. I now know that financial planners and banks can combine their so called 'talents' to destroy any of us and they are legally protected by our government. Are ASIC really going to do anything about these professional predators. We'll see .....but I'm not holding my breath.
  7. Lynette Jean Murray | 25 January, 2010 at 10:30 AM
    Have you actually met a Storm investor and spoken to them or is this just conjecture on your behalf you are illinformed and obviously ill educated on the subject. I was a Storm investor and I was never promised a high rate of return I was in there for the long haul. The problem with Storm was that when we should have been pulled out of the market Storm refused to revert us back to cash despite numerous requests and of course I haven't even started talking about the banks corruption and their admistration errors while the market is in free fall. This issue is bigger than you would ever begin to imagine. Lyn Murray
  8. Les | 15 December, 2009 at 03:18 PM
    If Mr Lucas had any 'common sense' he would know that much of his contribution is claptrap. Most Storm investors were not greedy and lured with any promise of quick riches -- is was a long term strategy to provide returns on Index funds around 12% per annum-- hardly greedy. The 'system' had been working well for 20 years -- in both bull and bear markets. I will not be seeking advice from that advisor.
  9. John | 15 December, 2009 at 12:06 PM
    George, I assume you suggest 'Instreet Investments' as a great investment and earn a nice fee for it.
  10. JENNY KACZUK | 14 December, 2009 at 01:21 PM
    I am one of Storm Investors and I definitely had no thought of huge sums of money in return. I only invested 17 years ago with Cassimatis & Assoc. since changed to Storm Financial. I only invested because at that time the Government were spruking off about the pensions in the future or the lack of them for people like me. It was allways very conservative until about 2004 when the banks got involved. I must admit I was a little scared but had to believe the advice we were given, after all everything had always turned out okay in the past 12 years. We beieve that it was the banks greediness and colusion with Storm from 2004 on is what became the downfall of Storm and its clients. Obviously you are in involved with asset management you are one of the most greedy people on my list and I don't trust any of you incompetent so called professional people. Professional Thieves I would call all of you.

Tags: Australian Securities and Investments Commission | Bernard Lawrence Madoff | Financial planning | Investment | NASDAQ | Opes Prime | Parliamentary Joint Committee on Corporations and Financial Services | point of view | Ripoll Inquiry | Storm Financial | The Globe and Mail

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