Showing posts with label affinity scheme. Show all posts
Showing posts with label affinity scheme. Show all posts

Thursday, January 14, 2010

White Collar: Ponzi Schemers Usually Target Closest

Many if not most of the Ponzi schemes that have recently come to light appear to have targeted individuals or groups close to the scheme perpetrators. Even Bernard Madoff targeted wealthy individuals and philanthropists with whom he was well acquainted. In particular, smaller Ponzi schemes most often target individuals whom the schemer knows or who are part of an intimate group to which the schemer also belongs. The targets of the fraud are often friends, family, neighbors, members of the same church, students at the same school, and/or persons of the same ethnic background. Such frauds are also known as "affinity" frauds since the schemer has some affinity to or with his/her victims.

A recent New Jersey case illustrates the point. Marcia Sladich is a mother of four whose husband is a teacher. Sladich was a ticket collector at professional sports arenas in the Meadowlands in New Jersey, including Giants Stadium. In her spare time she operated a Ponzi scheme between 2004 and 2007. In that time, Sladich raised more than $15 million from neighbors and members of her church. She promised to invest the funds in risk free real estate investments and to double the investments within a year. Instead, she pocketed most of the money and paid the early investors with monies obtained from later investors, a classic Ponzi scheme. Sladich used the ill gotten gains to make real estate investments, but not the kind anticipated by her investors. She use monies to buy property in Florida and Brazil in her name and the names of family members. Sladich also used the stolen funds for numerous personal expenditures. A New Jersey federal court judge has sentenced Sladich to 70 months in prison for her scheme.

What is most striking about Sladich's fraud is how amateurish it was. Some of the clauses in the investment contract were incomprehensible gibberish. Yet, those close to her willingly invested their money. The important point is probably that the victims trusted her because of this close association. They were her neighbors and fellow church members. In fact, some of the victims from her church urged the sentencing court to show leniency to Sladich.

The lesson to be learned from this and other such affinity schemes is that vigilance and due diligence are necessary before making any investment. It just as important if not more so to investigate an investment proposed by a close associate as opposed to one offered at arms length.

For more information about the Sladich case, please see The New York Times, January 14, 2010, http://www.nytimes.com/2010/01/14/nyregion/14towns.html.

Thursday, January 7, 2010

White Collar: Federal Authorities Foil Boston Area Affinity Scheme

Agents of the Federal Bureau of Investigation arrested Richard Elkinson at a casino in Mississippi yesterday. He is charged with operating a Ponzi scheme that defrauded more than 130 investors out of more than $29 million. Federal prosecutors in Boston filed the charges, which include mail fraud.

The government alleges that Elkinson gave investors promissory notes paying up to 13% return on the investments. The funds were supposedly to be used to supply uniforms to governments and large private organizations. Apparently, no such business existed, and Elkinson kept the scheme going by making interest payments to early investors by using the monies of later investors. This Ponzi scheme was the type known as an "affinity scheme" because it targeted victims who were close to Elkinson. Many of those victimized belonged to the Belmont Country Club in Belmont, Massachusetts.

The scheme came to light when Elkinson failed to make regularly scheduled interest payments last year. Investors made complaints to the Massachusetts Secretary of State who referred the matter to federal law enforcement authorities for investigation. The secretary of state has proceeded with civil enforcement in the matter by filing civil charges against a Boston area financial advisory firm for referring clients to Elkinson. To prevail in the civil suit the secretary will have to prove knowledge on the part of the advisers.

Federal authorities said that they had tracked Elkinson to Las Vegas before capturing him in Mississippi. They allege that Elkinson had conducted $3.7 million in reportable currency transactions of more than $10,000 since 1998. These transactions included placing and collecting wagers.

For more information, please see The Boston Globe, January 7, 2010, http://www.boston.com/business/articles/2010/01/07/ponzi_suspect_had_prior_woes/.