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January, 2009:

How To Make Sure Your Advisor Is No Ponzi

I just read this article by Annie McQuilkin, which provides some very good insights that can help to ease your mind with regard to your financial advisor.  It has always made good sense to check up on who you’re placing your trust with, but it’s even more clear now after the Madoff thing.

As pointed out by Ms. McQuilkin, fraud by financial advisors is rare.  However, with several high-profile cases recently since the Madoff scandal, and you have every right to be concerned.  Included in the article are several steps that you can take to ensure that your guy is on the up and up.  One of the best things to do is to use an independent advisor, coupled with a separate brokerage for investments – this way there is a “checks and balances” operation in effect to keep everyone honest.  Bernie Madoff handled the entire business within his own company, removing the check and balance from the transaction.

Let me know if you have any questions!

Changes Coming For 529 Plans…?

It’s very likely, according to some sources, that 529 plans will be impacted by changes in the law in the coming months.  Among those changes are the great potential (included in the proposed stimulus plan) that you’ll soon be able to use your 529 plan proceeds to purchase computers and computing services – an option that formerly was only available in the Coverdell ESA plans.  Keep in mind that the proposed stimulus plan only impacts this law for 2009 and 2010, currently.

As well, there may be provisions brought forth to expand the current Saver’s Credit to include contributions to 529 plans; a possible change to the number of times a year that you are allowed to make changes to your allocations in a 529 plan (already temporarily changed to twice a year for 2009 from the former once annually); and then the downside potential: it’s very possible that the provisions of 529 plans may become more strict, as there is a lot of possible revenue left on the table for the Treasury with the current rules.

Stay tuned!

Seven Tax Breaks for Your 2008 Return

Another WSJ article - with details on the newer tax breaks that came into affect last year.  These breaks can be taken for your 2008 return due in April of this year.  

Some of these breaks can come into play as a result of the economic downturn – so there could be a little silver lining to this situation.  If you have any questions about the breaks, don’t hesitate to ask.

Just so you’ll know you’re not alone…

If you have held tight to your 401(k), IRA, or other investment account positions through the gut-wrenching market trauma of the past quarter – take heart.  You are not alone at all, and in fact you have some VERY good company.  This article from the Wall Street Journal delves into the investing habits of the likes of Jeremy Seigel, John Bogle, John Phillips, and Burton Malkiel, among others.  Turns out, these folks are doing just what I’ve been telling you that you should be doing:  stay the course, it will turn around.

In a Pinch for Cash? Be Smart About Your Options

Here’s an article with some very good advice on what or where it makes good sense to raise cash when you’re in a pinch, as many folks are now. 

Most importantly, the article points out, you need to consider the consequences of options like raiding your 401(k) or taking a home equity loan.  You may trigger some unintended things to occur if you’re not careful.

College Tuition Benefits From Stimulus Plan

Posted here you’ll find a rundown of the Education Funding benefits that are proposed in the American Recovery and Reinvestment Act of 2009 – including increases in tax credits, grant levels, and subsidized loan amounts.

The Jan Plan

Greetings once again from beautiful downtown New Berlin! I suppose we’re still 8 to 10 weeks away from signs of Spring, so we may as well enjoy the Winter – it’s not like we have much choice! So scoot up close to the fire, tune in the basketball game on the old Philco, and pop some corn. Get out a good book, and while away the evening, listening outside to “the sweep of easy wind on downy flake”.

Here we are, halfway through January of this new year of 2009, we still haven’t seen any relevant direction for the markets – it seems like just when things start to improve, the next day we give all our gains back. Unfortunately, we may be in for just such a market for a little while to come. The good news is that this sort of market doesn’t regularly precipitate the kind of free fall that we saw last quarter, and participation in the market does bring about the benefit of dividend earnings, so it’s not all bad.

This month’s article is about what we can learn from the Madoff Ponzi scheme that was unearthed last month. Hopefully you’ll never have to know what to do when confronted by such a scam, but if you do, maybe the lessons from the article can help to guide you.

Following up on my article from last month, another thing you can do online is to read this newsletter, along with back issues and lots of other online articles I’ve written. Just click on this link to access the articles. And you can still follow me at twitter.com/BlankenshipFP if you like!

The Madoff Scam: What Can We Learn?

You’d have to be living under a rock to not know about the scandal of Bernie Madoff’s firm – wherein the supposedly legitimate Madoff bilked some of the most sophisticated investers in the world out of something like $50 billion. The Ponzi scheme has been around forever, for the very fact that it works – much to the chagrin of those caught in its web.

The bright spot for all of us (as long as you weren’t caught in the Madoff scheme) is that the losses we’ve all seen in the the stock market pale in comparison to the losses by Madoff investers. Plus, we have the opportunity to make it back (eventually). These folks lost literally everything invested there, in some cases entire life savings. The vexing part is that many of those folks should have known better. Included in the ranks of people who lost money with Madoff were big banks, Wall Street economists, and, surprisingly, Stephen Greenspan, an emeritus psychology professor who just published a book titled Annals of Gullibility: Why We Get Duped and How to Avoid It.

So How Did This Happen? The way folks were fooled into believing this scheme is that Madoff had a reputation as a forthright and above-board individual. Why, he had once been the chairman of the Nasdaq stock exchange! Most of the large institutions victimized had personal relationships with Madoff and his marketing team, in part owing to the scammer’s earlier position on Wall Street. It is this kind of personal relationship that evokes trust and, in the wrong kind of individual, exploitation of that trust.

But the real enticement came from the consistency of the returns – not earth-shattering in scope, these were relatively modest returns of approximately 1% a month. Considered one month at a time, that’s pretty minimal, but even the average investor should have begun to ask questions when that return continued through up markets and down, with nary a change. Had Madoff offered 10% per month, he wouldn’t have even gotten off the ground, but with this smaller return folks came in by the busload, checkbooks in hand.

And lastly, he came across as an independently-wealthy individual. What motive would someone of his means have for stealing even a dime from someone else? As it turns out, he had every motive in the world, and appearances were quite deceiving. Lesson #1 from Madoff: If it looks too good to be true, it probably is too good to be true. No one can deliver a 1% return per month, every month, in up markets and down. It just doesn’t happen.

What Else Can We Learn? One of the easiest ways to keep something like this from happening is to keep your investing simple. It seems that when complex investment activity is added to an investor’s portfolio, bad things can begin to happen. By complexity I mean getting involved in frequent trading, playing with options, shorting positions, fooling with derivatives, and things along those lines. These are the sort of investments at the root of today’s financial crisis. While the products in question (mortgage derivatives) are not new to the scene, the history of these products was shaky at best even before September of last year – and we saw what happens when the “perfect storm” of risks comes together. With little forewarning, the entire house of cards comes falling down.

When asked his investment strategy, Madoff touted a complex “split-strike conversion” methodology. That was all the explanation given, and all that the investors (apparently) required. Whatever he was doing seemed to be working, and that was fine with anyone who cared to wonder. It’s unknown if Madoff ever invested a single dollar, or if he just churned the new money back out the door to the earlier investors, in the classic Ponzi style.

It is a common belief that there is a group of folks (the “smart money”) who can beat the market all the time. It’s my opinion that no such group or individual exists. Just look around you: if there was any “smart money” around, you’d have seen those companies or mutual funds faring well during the meltdown last quarter. Unfortunately there is no crystal ball – and given the firehose of information available to us these days, very little can escape notice.

This is not to say that no one ever beats the stock market averages. On the contrary, there are some mutual fund managers every year who beat the average, and some do it consistently (although not many). As I have mentioned on these pages in the past, less than 3% of all fund choices in a particular category will beat the index for an extended period. With odds like that, why not stick with the simple, tried and true index strategy? Lesson #2 from Madoff: Keep it simple. Understand your investments, and why they make money.

In addition, Madoff acted not only as advisor, but also as brokerage. for his client-victims. In other words, when making an investment, clients would just hand over the money to Madoff, rather than a third-party brokerage. With everything under one roof, Madoff was free to do whatever he wanted (and he did) with no checks and balances. Lesson #3 from Madoff: Know where your money is going, and check on it regularly. Utilize a third-party between you and your advisor so that you can independently verify that your money is invested as you desire.

It’s a terrible thing that the folks who trusted Madoff have nothing to show for their lifetime of investing. Knowing what we know today, he probably still would have suckered in quite a few folks. But if we pay close attention to the lessons that we can learn from this scam, hopefully you and I will avoid being pulled in to the next scheme like this that comes along.

Treasury Picks Fee-Only Financial Advisor

For oversight of the administration of the TARP (Troubled Assets Recovery Plan), that is, the $700 billion recovery plan for the financial markets, the US Treasury made an interesting choice.  They decided to go with the Fee-Only Financial Advisory firm of Ennis Knupp & Associates.  Read the article from Forbes here.

The interesting part is that this advisory is a part of the small group of Fee-Only Financial Advisors across the country – according to some figures, fewer than 2% of all “financial advisors” operate in this conflict-free mode.  The remaining 98% sell products and make commissions from the sales.  As you might expect, any advice offered by a commission-oriented advisor will almost always include the product for which he is compensated.  If there is no product sale involved, that’s one less conflict of interest in the relationship.

This doesn’t mean that the Fee-Only Financial Advisor is better.  There are scoundrels in all corners of our world these days – but this is one additional “hurdle” that helps you to ensure your financial advisor is working in your best interests at all times.

ETF vs. no-load index fund – battle royale!

Excellent, concise explanation of the pertinent factors to consider when choosing between  an ETF and a no-load index fund:  article here