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Of 200 million dollars invested, Charles Ponzi fell 120 million dollars short while
repaying the investors. It was a huge lesson for the investors. But the 100-year-old
scheme still continues to adversely affect the lives of those who do not learn
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During the last few decades, uncertain economic conditions paved the way for
various fraudulent financial schemes. One such Fraud scheme is the Ponzi scheme.
The Ponzi scheme was named after Charles Ponzi, who in 1920 used a technique
known as the 'confidence trick'. He guaranteed investors that their investment
would double in 90 days after purchasing foreign postal coupons.
In the beginning, the investment appeared successful since he had paid out the promised
returns to all the early investors. When investors began pouring money into Charles Ponzi's
scheme, his debts started growing exponentially.
Doubling everyone's money would make his debts grow substantially because he would
owe even more. Although this did not matter to Charles Ponzi as long as all the investors did
not demand their funds at once. However, when the news was published that he was
bankrupt, all his investors panicked and rushed to withdraw their entire investments at
once. Over 200 million dollars had been invested, but Ponzi fell 120 million dollars short
while repaying the investors.
It was a huge lesson for us and the investors that never follow the crowd blindly. But the
100-year-old scheme still continues to adversely affect the lives of those who do not learn.
Ponzi schemes have been criticised for decades, but Ponzi's methods are still used today. So
the question remains: why do people continue to fall for such schemes?
The simple answer is because everyone wants easy money. People tend to look for shortcuts
but it is not always greed that pulls them to these schemes. Ponzi schemes are disguised as
genuine investment and many consider this to be attractive investment opportunities.
This scheme takes advantage of the financial system to embezzle millions, if not billions of
dollars from unaware investors. In the beginning, investors are promised high returns and
the investment appears to be profitable. Consequently, new investors are attracted to the
scheme.
The early investors are paid off with the money from the new investors, and the cycle
continues. The Ponzi scheme requires a constant flow of fresh money since it does not earn
money from selling a product or service.
No real profits are ever made by either the company or the investment, the funds are merely
redistributed and the investment is claimed to be profitable. As long as new investors are
coming on board, everything seems to be fine for the time being. But the scheme eventually
collapses as it runs out of investors.
Over the last decade, Ponzi scheme perpetrators have devised more complex schemes to
defraud innocent investors. Former NASDAQ chairman Bernie Madoff ran the largest Ponzi
scheme in history, worth approximately $64.8 billion. The most infamous Ponzi schemer
after Bernie Madoff is Allen Stanford, convicted in an $8 billion dollar Ponzi scheme.
Together they exploited thousands of people, as well as companies who invested funds with
them. Though Madoff and Stanford perpetrated two of the biggest Ponzi schemes ever.
Ponzi schemes share several characteristics in common. Here are some of the symptoms
to look out for:
Investments that yield higher returns usually carry a higher level of risk. Investment
opportunities that promise a high rate of return or 'guaranteed' return should be viewed
with caution.
The value of investments tends to fluctuate over time. A regular positive return
regardless of market conditions should raise suspicion.
Investors are often offered high returns to discourage them from withdrawing their funds
from the scheme.
Investors are pressured into making quick decisions and may be advised to keep the
investment a secret from family and friends.
The terms used in the investment scheme seem jargon and one encounters difficulty in
obtaining necessary documents or paperwork.
The business model is complicated and hard to understand by a normal person how
such schemes generate returns for the investors.
Ponzi schemes usually have highly motivated sales personnel because the commissions
are high.
Globally, Ponzi scheme victims are seeking recovery of their losses from the financial
institutions that Ponzi scheme perpetrators use for holding victims' funds before
misappropriations i.e money laundering, terrorist financing etc.
In general, financial institutions are liable if plaintiffs can prove they were aware of the
Ponzi scheme. To defend against Ponzi scheme litigation, a financial institution must prove
it was unaware of the underlying fraud.
Banks also have legal obligations to investigate whether such clients are laundering ill-
gotten gains regardless of whether they were aware of the scheme.
So long as financial institutions continue to be the sole sources of financial recovery until
the dust of a Ponzi scheme clears, the struggle over bank liability for negligence claims by
victims is likely to continue.
Banks must take reasonable steps to review existing and new clients and evaluate their
potential exposure to such schemes. A slight involvement, negligence, and failure to
perform adequate KYC (Know Your Customer) and even non-reporting of Ponzi like activities
will almost certainly pose a regulatory action and litigation risk to the banks.
Mohammad Rezaul Karim is a certified anti-money laundering specialist and assistant Vice
President, Compliance, at HSBC Bangladesh; and Rucsar Jabin is a Lecturer of Marketing at
the University of Dhaka.
Disclaimer: The views and opinions expressed in this article are those of the authors and do
not necessarily reflect the opinions and views of The Business Standard.
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