ICI Welcomes Bipartisan Sponsors of Bill to Stop States from Seizing Long-Term Investors' Savings

WASHINGTON, July 22, 2026 /PRNewswire/ -- The Investment Company Institute released the following Viewpoints blog. To learn more about why this issue matters and how the SAFER Act would help protect American investors, watch our video on LinkedIn.

Millions of American investors have adopted the advice given by financial advisors to invest for the long term and then leave those savings alone. In some states, however, following this guidance can get your account seized. That was the warning sounded at an event featuring the sponsors of the bipartisan SAFER Act, Representatives Sam Liccardo (D-CA) and Mike Lawler (R-NY), who joined ICI leaders to make the case for a federal solution to the problem of state unclaimed property laws that can treat buy-and-hold investors as though they have disappeared. 

ICI President and CEO Eric Pan opened the event by outlining the nature of this growing threat. More than 128 million Americans invest in regulated funds, many with the intention of holding them for years, following the advice of many financial educators to "stay in the market, invest for the long term." They put their money away and go about their lives, confident that the savings will be there when they need it. But under some states' laws, an account that shows no activity can be declared abandoned and taken into state custody through a process called escheatment.

Pan walked through what seizure means in practice. When a state escheats an investment account, it typically liquidates the holdings — so even an investor who eventually recovers the money gets back only what the account was worth at seizure, with no credit for years of market gains. For retirement accounts, the forced liquidation can also trigger unforeseen tax consequences. And recovering the money at all can take years of paperwork and persistence. Meanwhile, some states are moving in the wrong direction, loosening their rules to make it easier to capture assets. 

"This is where the leadership of Congressmen Lawler and Liccardo is so important," Pan said. "They've introduced the SAFER Act, a federal solution to a problem that exists across the United States. This patchwork of different legal standards, and the fact that the legal standards change constantly, creates a lot of confusion and creates this risk and harm that we're so worried about." 

In a panel discussion, the two lawmakers described the issue as an obvious place for Democrats and Republicans to find common ground, given Americans' widespread use of investment accounts for saving.

"We are, for the most part, a group of Americans who sit on our investments, which is more or less the right strategy," Liccardo said, noting that this is exactly the approach that inactivity standards put at risk. 

Liccardo pointed to the widely reported case of Walter Schramm, an investor who bought Amazon shares in the late 1990s and then did what many long-term investors do: leave the account be. Delaware deemed the account abandoned and liquidated the shares in 2008, when they worth about $8,000. By the time Schramm discovered what happened years later, the position would have been worth roughly $100,000.

The financial incentives driving state behavior are a concern, Liccardo noted. Unclaimed property has become one of Delaware's largest sources of revenue, bringing in more than half a billion dollars a year — a powerful reason for states to loosen their standards rather than tighten them. 

Lawler contrasted legitimate unclaimed property programs and what some states are doing now. "It's one thing to get an asset because it's truly abandoned," he said. "It's another to basically target a group of investors who have a long-term strategy of just not touching the asset and being passive."

The right standard, Lawler argued, is the obvious one: before seizing investment assets, a state should have to prove the owner is actually deceased. He posited that most Americans would be shocked to learn how little protection they have. "You think you have ownership of this asset, but the state, under current law, can just take it."

The SAFER Act would establish federal guardrails ensuring that inactivity alone cannot be the basis for escheatment and that states confirm the death of an owner and that no estate or beneficiary has claimed the assets before escheating investment accounts. It would also require states to leave unclaimed investments in place, rather than liquidating them, until they can prove abandonment.

Both lawmakers said the path to fixing the problem is through public awareness of the threat some state laws pose to Americans financial security. "Ultimately the American people will rise up," Liccardo said. "It may take a little while. We just have to get the information to them."

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SOURCE Investment Company Institute