Gold is sold as the one investment that can't let you down. Regulators say the sales pitch is where investors get hurt: not in the metal itself, but in the price they pay for it and the pressure they're under when they buy.

In March 2024 the Commodity Futures Trading Commission (CFTC), the Financial Industry Regulatory Authority (FINRA) and the North American Securities Administrators Association (NASAA) issued a joint warning aimed at people in or near retirement. The message was blunt. Gold and silver sold as “safe investments” are often sold with markups, commissions and fees so high that the buyer may never break even.

The CFTC says that over the past decade it has brought cases against dealers who collectively sold more than $500 million of overpriced metals to victims. Two of those cases are covered on this site: Red Rock Secured and Metals.com.

Why retirees are the target

A retirement account is often the largest amount of money a person controls, and a rollover moves it in one step. The playbook regulators describe starts with fear: a failing dollar, a banking crisis, the government “coming for” your 401(k). Then gold is offered as the way out, through a self-directed IRA that the seller helps you open.

That last step matters. The SEC, NASAA and FINRA have warned that custodians of self-directed IRAs typically do not investigate the assets or the promoter. The custodian holds what you tell it to hold. It does not check whether you paid double the market price.

The metal can be real and the loss can still be immediate. Pay a 100% markup, and the price of gold has to double before you break even.

What the warning flags

  • Exorbitant markups, commissions and fees, often not disclosed as a percentage.
  • High-pressure telemarketing: cold calls, spam campaigns and “today only” pricing.
  • Fake or borrowed endorsements, including stolen images of celebrities and religious figures.
  • Affinity pitches that target a person's political or religious beliefs to build instant trust.
  • Self-directed IRA rollovers pushed as the only “safe” way to own metals.

A 10-minute checklist before you sign

  1. Get the spread in writing. Ask: “What percentage above melt value am I paying, including every fee?” If the answer is vague, walk away.
  2. Ask for today's buy-back price on the exact product. The difference between what you pay and what they'd pay back is your loss on day one.
  3. Compare with the spot price on an independent site. Common bullion coins usually sell at a modest premium to spot. “Rare” coins are where hidden markups live.
  4. Refuse to be rushed. A real opportunity will still be there after you've slept on it and spoken to someone you trust.
  5. Look up the company: state corporate registry (is it active?), BBB file, court dockets and CFTC/SEC enforcement releases.
  6. Talk to your current plan provider before moving retirement money. Ask about taxes, penalties and what you give up.

Already bought?

Keep every invoice, recording, email and marketing piece. Get an independent valuation. File complaints with your state securities regulator, the CFTC and the SEC. Early complaints are how many of these cases start.

The regulators published two plain-language resources with the warning: “10 Things to Ask Before Buying Physical Gold, Silver or Other Metals” and “Lies Versus Facts: The Truth Behind Gold and Silver IRA Scams.” Both are worth reading before any precious-metals purchase.

Sources

  1. CFTC press release 8881-24: Joint Effort Launches to Warn Retirees about Precious Metals Fraud
  2. FINRA: 10 Things to Ask Before Buying Physical Gold, Silver or Other Metals
  3. CFTC: Lies Versus Facts: The Truth Behind Gold and Silver IRA Scams
  4. CFTC: Precious Metal Frauds