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From the April 5, 2002 print edition
Austin Texas Business Journal
Ponzi, pyramids and pumps -- schemes designed to take your money and run
Ann Hatchitt
Austin Business Journal Staff
There's an important question anyone should ask when offered an investment opportunity that sounds too good to be true. "Why would this one company have so much better a performance than the next company?"
It's exactly the question everyone should ask themselves when hearing promises of an outrageous return on an investment, says Joseph Wells, the author of Frankensteins of Fraud: 20th Century's Top 10 White Collar Criminals.
"The truth is probably all of us, including yours truly, have been taken one time or another," says Wells, who is also founder and chairman of Austin-based Association of Certified Fraud Examiners. "But we all can become more aware of what to look for. When the sophisticated investor hears `guaranteed return, fail safe, can't lose,' it is time to head in the other direction."
"If it sounds too good to be true, it usually is," says Wells, a certified public accountant, who -- after spending 10 years investigating financial fraud for the FBI -- has written nine books on fraud.
His next book, The Encyclopedia of Fraud, is due out soon. A University of Texas professor, Wells has been named one of the 100 most influential accountants in America by Accounting Magazine for a consecutive four years.
According to Wells, common themes of investment fraud pop up repeatedly over the years. The Internet has added to the mix, opening a new way to draw in the unwary and unquestioning, with little recourse for them when money disappears down a scam drain.
"The Internet puts criminals beyond the reach of the law," Wells says. "In many cases, criminals are anonymous."
Along with warnings from experts like Wells, there are resources out there to help individuals research before investing, including the Texas Securities Board.
Texas Securities Commissioner Denise Voigt Crawford sees the first role of the agency as investor protection.
"More than $300 billion worth of securities were processed in Texas last year," she says. "That is more than all banks and credit unions in our state combined. By keeping the confidence level of investors high, legitimate businesses get the capital they need to grow.
One of the largest
areas of growth is individual investing, because more and more
people are responsible for their own retirement plans," Crawford
says.
The Texas Securities Board has established a Web site with links
to the National Fraud Information Center and Investor Protection
Association, as well as the Security and Exchange Commissions
and other organizations with helpful information for the new
investor.
"Unfortunately, by the time someone calls to report a suspected
fraud or scam, many times the money they invested is gone," she
says. "We immediately shut the operation down to prevent other
people from becoming victims, and always try to get the person's
money back. But that doesn't happen often. As a deterrent to the
criminals, we vigorously prosecute criminal securities fraud
cases in Texas and have the most convictions in the nation."
Wells has described investment frauds in detail in his books and
lectures. They usually fit into one of several categories.
`Pump and dump'
In the simplest form, an example of "the pump and dump" scam is
a con artist purchasing a significant amount of a security at a
low price. The value of the stock is "pumped" up when the
individual sets up online bulletin boards, chat rooms, "spam" --
email junk mail -- or sends out newsletters with inflated,
impressive and false information about the stock.
All that Internet hype can run the price of a stock up. The
initial investor then "dumps" or sells off his or her investment
at a profit.
On a larger scale, investigations reaching as high as the
congressional level are underway to determine if company
officers intentionally sought to overvalue the stock of
Houston's Enron Corp. Questions are being asked about the filing
of financial statements to the Securities and Exchange
Commission. If intentionally misleading information was filed,
the premise would be similar, Wells says.
According to Wells, "A company will `cook its books' to show it
earns more money than it really does. Based on that, investors
buy stock."
The `risk free' fraud
In general, another type of fraud promises easy money delivered
on a silver platter, and every other glorified, descriptive
adjective ever used.
Prospective investors will hear: "Guaranteed, hot tip, no way
you can lose money, gotta get in on the ground floor," and "If
this doesn't perform as I just said, we'll refund your money, no
questions asked."
That could be true if the hapless investor can find the con
artist who made the promises. Scam investment opportunities
range from precious metals to land deals to buying into
nonexistent companies.
"We are seeing viatical settlements, which are sales of life
insurance policies to other individuals, which can or cannot be
legitimate," Crawford says. "Bogus certificates of deposits are
sold through small ads in the newspaper offering higher interest
rates than the banks are offering, but they are not legitimate."
Early in January, the SEC shut down an Internet operation called
"Invest Better in 2001." A 17-year-old California teenager, Cole
Bartiromo, lured more than $1 million from 1,000 investors
worldwide with promises of "risk-free returns" of up to 2,500
percent. Not surprisingly, it turned out the operation was
bogus.
"We are often most concerned about the elderly when we talk
about these `risk free' types of scams," Crawford says. "They
are particularly vulnerable to savvy salespeople. Many times
they are contacted over the phone. When the elderly person is a
victim and loses their life's savings, they don't have the years
ahead of them to make it up again."
Pyramid schemes
In a pyramid scheme, money is collected from people on the
bottom to pay off other individuals farther up the pyramid. As
more people invest, new pyramid levels are created, and a
position in the pyramid rises. In theory, an investor would be
entitled to more money.
In some schemes, investors also must buy a product to join.
Unlike a true multi-level marketing plan, however, selling the
product is less important than recruiting others to join the
network.
Ultimately, there comes a time in either case when no new money
flows in. When this happens, the pyramid collapses.
In the early 1900s, an Italian immigrant named Charles Ponzi
solicited people to invest in international postal reply
coupons, which could be redeemed for stamps. He promised a 40
percent return in just 90 days. Ultimately, the authorities
discovered there weren't enough coupons in circulation to
support Ponzi's schemes. Ponzi's name is now synonymous with
pyramid-type schemes.
According to James Ratley, Association of Certified Fraud
Examiners program director, the victims are almost as hard to
control as the perpetrators.
"Once they realize they have lost a certain amount of money, the
con artist may tell them there is an even better deal that will
help them get everything they lost back, plus some," Ratley
says. "Sometimes we find out about victims sending money to the
criminals in jail."
Steering clear of scams
In order to invest wisely and steer clear of frauds, experts
emphasize that prospective investors must research for and find
the facts on a company or money-making presentation.
The Security and Exchange Commission has these recommendations
when considering investing in individual securities:
Ask for financial information from the company and analyze those
documents.
Verify claims about new product developments or lucrative
contracts.
Call the company's suppliers or customers and ask if they do
business with the company.
Check out the people running the company and learn if they've
ever made money for investors in the past.
Federal securities laws require many public companies to
register with the SEC and file annual reports containing audited
financial statements. For example, the following companies must
file reports with the SEC:
All U.S. companies with more than 500 investors and $10 million
dollars in net assets; and
All companies that list their securities on the Nasdaq or other
stock exchange such as the New York Stock Exchange.
When evaluating different investment opportunities, the North
American Securities Administrators Association recommends:
Contact the state securities board to see if the investment
vehicle and the salesperson are registered.
Contact the Better Business Bureau and ask if any complaints
have been filed against the venture's promoters or principals.
Deal only with financial advisers, broker-dealers or financial
institutions with a proven track record.
Ask for written information on the investment product and the
business. Such information, including financial data on the
company and the risks involved in the investment, is contained
in a prospectus. Read it carefully.
Don't take everything heard or read at face value. Ask questions
and do some personal sleuthing. For help in evaluation the
investment, go to an independent resource, such as an attorney
or an accountant.
Texas Securities Commissioner Crawford encourages anyone with
questions or with any situations to report to contact the state
office at (512) 305-8300 or to visit the agency's Web site at
(http://www.ssb.state.tx.us).
Ann Hatchitt is an Austin-based freelance writer.
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