A broker typically earns a portion of the commissions or other fees on each purchase or sale of securities that the brokerage firm makes for an investor. When a broker engages in excessive buying and selling (i.e., trading) of securities in a customer’s account without considering the customer’s investment goals and primarily to generate commissions that benefit the broker, the broker may be engaged in an illegal practice known as churning.
Red flags of excessive trading may include:
• Unauthorized Trading—Be alarmed if you become aware of trades in your account that you did not authorize your broker to make.
• Frequent Trading—Be wary of frequent in-and-out purchases and sales of securities that don’t seem consistent with your investment goals and risk tolerance.
• Excessive Fees—Be suspicious if the total amount of fees seems high or if one segment of your portfolio consistently generates high fees.
If you believe a broker has engaged in churning, submit a complaint in writing to the brokerage firm and to the Securities and Exchange Commission (SEC) or the Financial Industry Regulatory Authority (FINRA).
In New Hampshire, as in other states, the practice of churning by a broker is illegal. Churning occurs when a broker engages in excessive trading in a client's account mainly to generate commissions, without regard for the client's investment objectives. This practice violates both state regulations and federal securities laws. New Hampshire investors who suspect churning should be alert to signs such as unauthorized trading, frequent trading that does not align with their investment goals, and excessive fees. If churning is suspected, investors are advised to file a written complaint with the brokerage firm. Additionally, they can report the issue to federal regulatory bodies such as the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA), which oversee securities trading and enforce laws against fraudulent practices like churning. These agencies have the authority to investigate and take action against brokers and firms that violate securities regulations.