Fidelity Cautions Investors on Leveraged ETFs?

On August 4, 2009, the Wall Street Journal reported that Fidelity Investments had joined other broker-dealers in warning its customers about the risks of investing in Leveraged ETFs (see other blawg posts on this topic here and here). The article, written by Daisy Maxey, states that Fidelity’s website warned investors that “Leveraged products are complex, carry substantial risks and are intended for short-term trading,” and that “[m]ost reset daily and seek to achieve their objectives on a daily basis. Due to compounding, performance over longer periods can differ significantly from the performance of the underlying index.”

The author of this blog spent several minutes searching Fidelity’s website (including searching the site for “leveraged ETF” and “leveraged product”) and could not find this warning. The website did contain an article from The Motley Fool entitled “Leveraged ETFs: Buyer Beware!” This brief article contained some discussion and examples of how leveraged ETFs work.

Last month, the Financial Industry Regulatory Authority (FINRA) declared that leveraged ETFs are typically unsuitable for retail investors. In addition, Massachusetts securities regulators have issued subpoenas to four firms in order to obtain information related to their sales practices involving leveraged ETFs.

Leveraged ETFs are unsuitable for retail investors because of their level of risk. The financial website Investopedia.com defines a leveraged ETF as “an exchange-traded fund (ETF) that utilizes financial derivatives and debt to amplify the returns of an underlying index.” The fund essentially borrows money and combines this money with investors’ money to purchase derivatives such as options, futures, or swaps. Because of the use of debt and derivatives, these ETFs carry a significant amount of risk. These funds also generally charge higher expenses to shareholders, which results in reduced returns (or increased losses if the market goes against the investment objective of the fund).

The most popular of these investments are managed by Rydex, Direxion, and ProShares. If your stockbroker or financial advisor has sold you any leveraged ETFs, or purchased any leveraged ETFs in your accounts, and you have lost money on these investments, you may be entitled to recover these losses. The Kueser Law Firm represents investors in securities arbitration. If you are concerned that your investments have been mismanaged, contact us to learn more about your rights.

Share

More Broker Dealers Restrict Sales of Leveraged ETFs

Weeks after Edward D. Jones, Ameriprise, Linsco Private Ledger (LPL) and UBS announced that they were restricting the sale of leveraged ETFs (see here), two more broker-dealers have decided to take action related to their sales of these risky, and often misunderstood investments.

As reported by the Wall Street Journal, Morgan Stanley Smith Barney announced that it is reviewing its sales procedures related to leveraged ETFs. In addition, Charles Schwab issued an “unusual” warning to its clients that have purchased leveraged ETFs. This warning provides investors with some background discussion related to these risky investments, as well as examples of how hypothetical leveraged ETFs would perform in a few hypothetical situations.

Although many broker-dealers have instituted these measures, some broker-dealers continue to do nothing. For example, as reported in the Wall Street Journal article, Fidelity Investments continues to make leveraged ETFs available to their customers and leveraged ETFs remain available through TD Ameritrade’s web trading platform.

As previously stated in this blawg, the Financial Industry Regulatory Authority (FINRA) has declared that leveraged ETFs are typically unsuitable for retail investors. In addition, Massachusetts securities regulators have issued subpoenas to four firms in order to obtain information related to their sales practices involving leveraged ETFs.

Leveraged ETFs are unsuitable for retail investors because of their level of risk. The financial website Investopedia.com defines a leveraged ETF as “an exchange-traded fund (ETF) that utilizes financial derivatives and debt to amplify the returns of an underlying index.” The fund essentially borrows money and combines this money with investors’ money to purchase derivatives such as options, futures, or swaps. Because of the use of debt and derivatives, these ETFs carry a significant amount of risk. These funds also generally charge higher expenses to shareholders, which results in reduced returns (or increased losses if the market goes against the investment objective of the fund).

The most popular of these investments are managed by Rydex, Direxion, and ProShares. If your stockbroker or financial advisor has sold you any leveraged ETFs, or purchased any leveraged ETFs in your accounts, and you have lost money on these investments, you may be entitled to recover these losses. The Kueser Law Firm represents investors in securities arbitration. If you are concerned that your investments have been mismanaged, contact us to learn more about your rights.

Share

Firms Asked to Account for Sales of Leveraged ETFs

According to an article on InvestmentNews, Massachusetts securities regulators have subpoenaed four brokerage firms for information related to their sales practices of leveraged ETFs. The subpoenas come only a few weeks after Edward D. Jones, Ameriprise, Linsco Private Ledger (LPL) and UBS restricted the sale of the products or stopped selling leveraged ETFs altogether. This also comes approximately three weeks after FINRA advised firms that leveraged ETFs “typically are unsuitable for retail investors.”

The most widely traded leveraged ETFs are managed by Direxion Funds, ProShares, and Rydex. Because these funds are “leveraged,” they are designed to provide market returns that significantly exceed market indices. For example, the Rydex Inverse Dow 2x Strategy Fund “seeks to provide investment results that inversely correspond to 200% of the daily performance of the Dow Jones Industrial Average.” (from Rydex Funds’ website.*) Therefore, if the Dow Jones Industrial Average increases by 10%, this fund is designed to lose 20%. Conversely, if the DJIA declines by 10%, this fund is designed to gain 20%. Another example is the Direxion S&P 500 Bull 2.5x Fund, which is designed to provide “daily investment results, before fees and expenses, of 250% of the price performance of the S&P 500 Index.” (from the Direxion Funds’ website.*) Therefore, if the S&P 500 Index declines by 10%, this fund is designed to lose 25%. What most investors are not told is that these funds are designed to produce the stated returns on a daily basis. Therefore, these funds are not designed to be bought and held.

The truth is that leveraged ETFs are unsuitable for retail investors because of their level of risk. As stated on Investopedia.com, a leveraged ETF is “an exchange-traded fund (ETF) that utilizes financial derivatives and debt to amplify the returns of an underlying index.” The fund essentially borrows money and combines this money with investors’ money to purchase derivatives such as options, futures, or swaps. Because of the use of debt and derivatives, these ETFs carry a significant amount of risk. These funds also generally charge higher expenses to shareholders, which results in reduced returns (or increased losses if the market goes against the investment objective of the fund).

From January 2, 2008 through March 6, 2009, the S&P 500 Index declined from 1,447.16 to 683.38. This represents a loss of 52.8% during a 14-month period. As you can imagine, leveraged ETFs that were focused on growth (bullish funds) suffered tremendous declines during this period.

If your financial advisor or stockbroker sold you funds that are managed by Direxion, ProShares, or Rydex and you suffered losses, you may have a claim for recovery of those losses. The Kueser Law Firm represents investors in securities arbitration. If you are concerned that your investments have been mismanaged, contact us to learn more about your rights.

* This blog intentionally refuses to link to the websites of companies that manage and sell leveraged ETFs because of the riskiness of these funds. If you would like to learn more about these funds, use Google to search for the information. If your adviser has recommended these funds to you, get a new adviser or at least a second opinion.

Share

Maintained by The Kueser Law Firm

The Kueser Law Firm | Securities Arbitration Attorney | Securities Arbitration Lawyer | Missouri Securities Arbitration Lawyer | Kansas Securities Arbitration Attorney

Social Media – Follow The Kueser Law Firm

DISCLAIMER

The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

*Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.

Contact The Kueser Law Firm

Mailing Address:
P.O. Box 612
Lee's Summit, Missouri 64063
Phone: 816.374.5865
E-mail: Click Here
CONTACT FORM
Your Name (required)

Your Email (required)

Phone Number (optional)

Subject

Your Message:

To eliminate spam, please type the following code in the line below and press the Send button:
captcha

RSS News – Securities Fraud

  • Solow lawsuit over Citigroup disclosures dismissed
    By Jonathan Stempel (Reuters) - Citigroup Inc (CN) and its Chief Executive Vikram Pandit on Friday won a dismissal of New York real estate developer Sheldon Solow's lawsuit accusing them of securities fraud for hiding the bank's risks during the 2008 ...See all stories on this topic » […]
  • State warns of crowdfunding fraud
    "Unfortunately, the potential for fraud is significant, so investors must be extremely cautious about crowdfunding opportunities," Dept. of Corporations Commissioner Jan Lynn Owen said in a statement. Congress has told the Securities and Exchange ...See all stories on this topic » […]
  • FBI: Watchung man's fraudulent real estate investment scheme cost victims $9 ...
    David Connolly, 50, was charged yesterday, May 17, in a 16-count indictment with one count of securities fraud, five counts of mail fraud, three counts of wire fraud and seven counts of money laundering. The indictment was returned a day earlier.See all stories on this topic »NJ.com […]
  • Vivendi Sued for $818 Million for Misleading Investors
    Vivendi won a US court ruling in 2011 that limited the scope of an earlier group securities-fraud verdict against the company to holders of its American depositary receipts, applying a US Supreme Court decision saying the court didn't have jurisdiction ...See all stories on this topic » […]
  • JPMorgan Suits Accuse Dimon Of Fraud -- For Doing What, Exactly?
    (Image credit: Getty Images via @daylife) Even as I was writing a piece Monday morning about the inevitability of securities-fraud lawsuits over JPMorgan Chase's $3 billion trading mess, lawyers were busily cutting and pasting familiar language to ...See all stories on this topic » […]
  • Former NAPFA chairman charged with securities fraud
    Now, however, he is accused of securities fraud; he allegedly diverted $47 million of his clients' funds into private ventures, and an FBI agent claims he made false statements during the bureau's investigation of his actions.See all stories on this topic »Advisor.ca […]
  • Multi-Million-Dollar Real Estate Ponzi Schemer Indicted for Fraud and Money ...
    David Connolly, 50, of Watchung, New Jersey, was charged in the 16-count indictment with one count of securities fraud, five counts of mail fraud, three counts of wire fraud, and seven counts of money laundering. The indictment was returned May 16, ...See all stories on this topic » […]
  • Seattle investment adviser charged in $47 million fraud
    A federal grand jury Thursday indicted Spangler on 23 criminal counts, including wire fraud, money laundering and investment-adviser fraud, according to the US Attorney's Office. Parallel civil charges were filed by the Securities and Exchange ...See all stories on this topic » […]
  • Gupta's Lawyer Seeks Victory Where Rajaratnam's Failed
    (PG) (PG) board, is charged with conspiracy and securities fraud. Prosecutors say he gave Rajaratnam material, nonpublic information about New York-based Goldman Sachs and Cincinnati-based P&G, the world's largest consumer-products company.See all stories on this topic » […]
  • Indictment: Watchung Man Netted $9M in Scheme
    David Connolly, 50, was indicted Wednesday by a federal grand jury on one count of securities fraud, five counts of mail fraud, three counts of wire fraud and seven counts of money laundering. Connolly is expected to appear Thursday afternoon before US ...See all stories on this topic » […]

RSS SEC – Press Releases

  • James McNamara Named Managing Executive of SEC’s Division of Trading and Markets
    FOR IMMEDIATE RELEASE 2012-98 Washington, D.C., May 18, 2012 — The Securities and Exchange Commission today announced that James P. McNamara has been named to the newly-created position of Managing Executive of the SEC’s Division of Trading and Markets. Mr. McNamara is currently an Assistant Director in the SEC’s Office of Financial Management. In his new po […]
  • Erica Williams Named SEC's Deputy Chief of Staff
    FOR IMMEDIATE RELEASE 2012-97 Washington, D.C., May 17, 2012 – The Securities and Exchange Commission today announced that Erica Williams will become the agency’s Deputy Chief of Staff. Ms. Williams has been a member of Chairman Schapiro’s staff since February 2011, primarily focusing on enforcement and regulatory issues. Prior to that, Ms. Williams served a […]
  • James Burns Named Deputy Director in SEC's Division of Trading and Markets
    FOR IMMEDIATE RELEASE 2012-96 Washington, D.C., May 17, 2012 – The Securities and Exchange Commission today announced that James R. Burns will become a Deputy Director in the Division of Trading and Markets. Mr. Burns will oversee several of the Division’s core regulatory functions, including market oversight and operations, derivatives policy and trading pr […]
  • SEC Charges Seattle-Based Fund Manager for Secretly Diverting Client Funds to His Own Start-Up Companies
    FOR IMMEDIATE RELEASE 2012-95 Washington, D.C., May 17, 2012 – The Securities and Exchange Commission today charged a Seattle-based investment adviser and his firm with defrauding clients by secretly investing their money in two risky start-up companies he co-founded. The SEC alleges that Mark Spangler, a former chairman of the National Association of Person […]
  • SEC Charges New Jersey Man in Real Estate Investment Scam
    FOR IMMEDIATE RELEASE 2012-94 Washington, D.C., May 17, 2012 – The Securities and Exchange Commission today charged a New Jersey man with operating a Ponzi-like scheme involving a series of investment vehicles formed for the purported purpose of purchasing and managing rental apartment buildings in New Jersey and Pennsylvania. The SEC alleges that David M. C […]