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Copyright
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other people’s money |
| Some claim that all of literature can be distilled into seven basic
plots. These are: overcoming the monster; rags to riches; the
quest; voyage and return; comedy; tragedy; rebirth. The financial
services frauds that the average person may fall victim to similarly
fall into a few basic categories. The details may vary but these
techniques have held true throughout the years. |
Whilst the newspapers focus on large scale
frauds, many fraudsters deliberately go for
small amounts from large numbers. They do this
both to reduce the risk of detection and rely on
the victim being too embarrassed at their own
perceived stupidity to report the matter. As can
be seen from some of the tricks below they may
also allude to the enterprise being in some way
illegal (for example a tax or exchange control
evasion vehicle) so also deterring the victim from
reporting the matter to the authorities for fear of
getting themselves into trouble.
Now to the scams. This month we look at
The Pyramid Scheme, The Share Ramp, and The
Advance Free Fraud.
1. The pyramid scheme
There are a number of types of pyramid
scheme. The traditional versions all share one
overriding characteristic. They promise consumers
or investors large profits based primarily on
recruiting others to join their program rather than
being based on profits from any real investment
or real sale of goods to the public.
According to the US federal Trades Commission
(FTC), there are two tell-tale signs that
a product is simply being used to disguise a
pyramid scheme: inventory loading and a lack
of retail sales. Inventory loading occurs when
a company’s incentive program forces recruits
to buy more products than they could ever sell,
often at inflated prices.
The people at the bottom
of the pyramid make excessive payments
for inventory that simply accumulates in their
bedrooms or attics.
In the case of legitimate multi level marketing
businesses a meaningful income can be earned
solely from the sales of the associated product
or service to customers who are not themselves
enrolled in the scheme.
Key ways to identify such a pyramid scheme
include:
A high pressure sales pitch
Little to no information offered about the company
unless an investor purchases the products
and becomes a participant
Vaguely phrased promises of limitless income
potential
No product or a product being sold at a price
ridiculously in excess of its real market value.
An income stream that chiefly depends on the
commissions earned by enrolling new members
or the purchase by members of products for their
own use rather than sales to customers who are
not participants in the scheme.
A variant of the traditional style pyramid
scheme is known as the Ponzi scheme, after
Charles Ponzi one of its more famous perpetrators,
who, in Boston in 1919, offered 90 day
promissory notes at an interest rate of 50%. He
achieved this briefly by using the investment
made later participants to pay the excessive
interest offered to earlier investors. An even
more audacious project was set up by John
Law in the early eighteenth century and known
as the Mississippi Scheme which at one stage
promised returns of 120%.
The key difference
between a pyramid and Ponzi scheme is that
in a Ponzi scheme the promoter generally has
no product to sell and pays no commission to
investors who recruit new “members.” Instead,
the promoter collects payments from a stream of
people, promising them all the same high rate of
return on a short-term investment
The scheme has to collapse, the only question
is when. As the scheme grows it need more
and more participants to fund payments to the
earlier ones.
Whilst it appears attractive to some,
as the early investors do make significant gains,
this comes from others investors, not from the
profitability of the scheme itself, and so the vast
majority (over 90%) will lose their investment.
The economic costs of such schemes can be
huge. It is estimated that the collapse of such a
scheme in Albania in 1996 cost investors $1 billion
(43% of the country’s GDP). In 1994 in Russia at
least two million people were duped in another
scheme, losing as much as $1.5 billion
A further variation of a pyramid scheme is
the chain letter distributed with a list of 5–10
names and addresses on it.
The recipient is told
to send a specified small sum of money (typically
a few pounds) to the first person of the list.
The recipient is then to remove this first person
from the list, move all of the remaining names
up one place, and to add his own name to the
bottom of the list (and possibly others). Then he
was to copy the letter with the new name list to
5-10 more people. Allegedly, if this procedure is
repeated by others down the line the individual
would eventually move to the top of the list and
receive money from others.
To show the impossibility of such a system
working for the vast majority of people, let us assume
that each person mailed actually responds,
pays to the person at the top of the list and sends
the letter to ten others. By the time the ninth person
to be put on the list starts to receive anything,
one billion letters have to be in circulation
2. The share ramp
Ultimately a share has only two measurements of value, what someone is willing to buy
it for, or failing that, what value the assets of the
underlying company are worth if they are sold,
the company put into liquidation, the debts paid
and what is left returned to the shareholders.
Under this fraud, investors are made to believe
the shares they are being offered are far more
valuable than they really are.
Share ramping, though now generally illegal, is
as old as stock exchanges themselves.
Indeed during
the South Sea Bubble of the early eighteenth
century one company advertised itself as “a
company for carrying out an undertaking of great
advantage, but nobody to know what it is”.
In the 21sr century potential investors are rung,
frequently from so called boiler room operations,
using high pressure techniques, and offered
shares in companies alleged to have huge potential
for growth. These companies, if they exist at
all, have little if any liquidity, often only being
sold by the one broker.
Sometimes the victim
will be rung again to be told that the shares have
increased in price and then encouraged to buy
still more. If the investor finally decides to sell
they find that the shares having been ramped by
the boiler room are in fact, worthless as they are
not listed on a recognised stock exchange and
therefore there are no buyers.
According to the UK Office of Fair Trading,
investment scams, which include such boiler
rooms, as well as fine wines and works of art,
claim 90,000 victims in the UK each year, costing
them £490m in total.
As well as phone calls, email “tip sheets” may
be sent as well as supposedly ”independent”
websites talking the company up.
3. The advanced fee fraud
Advanced fee frauds have their ancestry in
one of the oldest frauds known, the “Spanish
Prisoner” scam. It originated in England in the
late 16th century during the reign of Elizabeth
I when England was under threat of invasion
by Spain. Under this fraud an individual was
approached by the fraudster with a convincing
story about a wealthy compatriot of his who
has been imprisoned in Spain by King Philip II
under a false identity. The fraudster claims that
this prisoner cannot reveal his identity without
serious consequences and is relying on him to
raise sufficient money to secure his release. He
then offers the victim an opportunity to supply
some of the money, with a promise that he will
be rewarded when the prisoner returns.
Once the money has been paid the conman
reports difficulties in securing the prisoner’s
release. Additional funds are therefore requested
and then more and more.
The commonest modern form of these are the
so called Nigerian or 419 frauds under which
an individual is contacted (originally by fax but
now commonly by e-mail) the number “419”
refers to the article of the Nigerian Criminal Code
dealing with fraud. The sender purports to be
an executive of an oil company, bank employee,
lawyer representing a dead relative etc. The list
is endless but the play is the same.
One of the key features of both the Spanish
Prisoner scam and its descendants is the emphasis
on secrecy; the fraudster also often tells the
victim that he was chosen carefully based on his
reputation for honesty.
Victims can lose more than their money. They
may not only risk criminal sanction themselves
where the scam alleges to involve the theft of the
money being transferred but some have been
killed after travelling to the fraudster’s country
having been lured by the scam. Other victims
have committed suicide.
Into this category also falls the regular e-mail
lottery “wins”. Here the individual who tries
to claim will be asked to pay upfront charges.
Often these will initially be small in nature
(say an administration charge) but followed by
tax, legal and other costs which mount up into
several thousands of pounds, until the victim
eventually sees sense or is drained of all their
cash. According to the Financial Times, a recent
survey on behalf of Microsoft found that half of
those polled had received a lottery scam e-mail.
About 16% had opened the e-mail, 10% replied
and about 3% said they had lost money.
Other advance fee frauds relate to the offer of
loans. The fraudster offers fast loans regardless
of credit history. However, before the victim can
have the money they are required pay a fee to
cover insurance or administration for the loan.
After the fee is paid the fraudster vanishes.
Next Month: Fictitious Instruments, Identity
Theft, and Password/Pin Theft |
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