Securities Litigation Attorney in New York, New York

What is a self-directed IRA and how does it differ from a traditional IRA?

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self-directed IRAs sounds really great
because you can take your money and do
whatever you want with it the problem is
you can take your money and do whatever
you want with it within this IRA account
so the problem is as it’s titled
self-directed it means you’re
responsible for everything that happens
there there’s no failure to supervise
case because there’s no supervisor
there’s no broker unless there are some
circumstances that wrongdoing can happen
in a self-directed IRA but if no one
recommends an investment to you and you
happen to get into guess what a Ponzi
scheme often show up in self-directed
IRAs you know you’re going to find it
hard to find a deep pocket that’s going
to be responsible for what you did in
your self-directed IRA nothing’s vetted
there’s no due diligence done by the
custodian

New York, NY securities attorney Jenice L. Malecki talks about what is a self-directed IRA and how does it differ from a traditional IRA. She informs that self-directed IRAs can seem appealing because they allow investors to manage their money and make independent investment decisions. However, the very feature that gives them flexibility—being “self-directed”—also places full responsibility on the account holder. Unlike traditional accounts, there is typically no broker or supervisor overseeing the investments, so failures to supervise cannot be claimed.

She notes that while wrongdoing can occur in certain circumstances, if an investor independently chooses a risky or fraudulent investment, such as a Ponzi scheme, it is often difficult to hold anyone else accountable. Custodians generally do not vet these investments or perform due diligence, meaning the investor bears full responsibility for the choices made within the self-directed IRA.

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