Damages Related to Private Placements & Illiquid Securities - Transcript

Annuities, private placements, and illiquid securities are complex investment products that require careful consideration before committing funds. While they can offer unique benefits, they also come with significant risks, particularly due to their lack of liquidity. At Malecki Law, we frequently work with investors who have been misled into purchasing these products without fully understanding their implications. We have a strong history of recovering our clients’ investment losses and look forward to learning how we can help with your situation.

Annuities are insurance-based financial products designed to provide a steady income stream, often during retirement. While they can offer tax advantages and predictable payouts, annuities come with notable downsides:

• Steep Penalties for Early Withdrawal: If you decide to exit an annuity before the agreed-upon period, you may face significant surrender charges and lose the benefits that initially attracted you to the investment.
• Complex Fee Structures: Annuities often involve high fees, including administrative costs, mortality and expense charges, and fees for additional riders.

Annuities can be a suitable choice for some investors, but it is crucial to ensure that they align with your financial goals and liquidity needs. Without proper guidance, investors may find themselves locked into a product that does not meet their needs, or without their best interest in mind.

Private placements are investments offered to a select group of investors, typically outside of public markets. While these investments can provide access to unique opportunities, they are often structured in ways that severely limit liquidity:

• Perpetual Agreements: Some private placements are designed to last indefinitely, tying up your funds for the rest of your life and potentially your heirs’ lives as well.
• Secondary Markets: While a secondary market may exist for some private placements, selling these investments often requires accepting a steep discount—sometimes 30%, 40%, or even 50% off their current value.

Because private placements are not publicly traded, they carry significant risks, including limited transparency and the potential for total loss. It is critical to thoroughly evaluate the terms of the operating agreement and consider how these investments fit into your overall financial and estate plan.

Illiquid securities encompass a broad category of investments that cannot be easily sold or converted to cash. These include annuities, private placements, and other alternative investments. The primary risks associated with illiquid securities are:

• Inability to Exit: Once you commit to an illiquid security, you may be unable to sell it for years, even decades.
• Significant Losses on Sale: If you can sell, the secondary market often requires accepting a substantial loss.

These investments are against an individual’s best interest who may need quick access to funds or who lack the financial resources to weather long periods without liquidity.

Given the risks associated with annuities, private placements, and illiquid securities, it is essential that financial professionals provide recommendations that are appropriate and in the client’s best interest. Key considerations include:

• Regulation Best Interest: Does the investment align with your financial goals, risk tolerance, and liquidity needs?
• Estate Planning: How will this investment impact your estate, and are your heirs prepared to manage it?
• Disclosure: Were you fully informed about the risks, fees, and limitations of the investment?

Failure to address these questions at the outset can leave investors and their families burdened with investments against their best interests.

At Malecki Law, we represent investors who have been misled or harmed by inappropriate recommendations involving annuities, private placements, and illiquid securities. We thoroughly investigate cases to determine whether your broker or adviser acted in your best interest and complied with their fiduciary duties. If you believe you were improperly advised to invest in an annuity, private placement, or illiquid security, contact Malecki Law at (212) 943-1233 or reach out online to schedule a consultation.

Transcript:

Placements the liquid Securities these are all things that once you’re in it it’s very difficult to get out of it so I lump them together for those reasons that these are not things that are publicly traded per se so you can’t just say you know what I don’t like this anymore I’m gonna sell it now annuities you can get out of an annuity but there’s steep penalties for that and you lose a lot of the benefits of the first place reason that you may have gone into an annuity with private placements I mean there are some private placements the way that the operating agreement is worded they are Perpetual for the rest of your life maybe your family’s life maybe their family’s life uh and so on and so forth there are sometimes a secondary market for some of these products but you typically take a 30 40 50 haircut on the Investments current value which may not even be full value to sell it in the secondary Market these are investments where it is critically important at the outside outset that the recommendation be appropriate for you in your best interest considering yourself and even your estate uh and your family members you know are the people that are going to inherit this able to understand what it is and manage it is it a large portion of your estate these are all questions that really critically have to be asked at the Forefront before going into an investment like this.