A multilayered marketing structure, like a pyramid scheme, isn’t always illegal. There are businesses that use pyramid structures to promote and sell their products, for example cosmetic and health product suppliers. These schemes are not illegal, as a product is exchanged for money at fair value.
A pyramid scheme is illegal when you are required to make a deposit for no product or a product without a fair value of exchange. This is in contravention to the Banks Act, which has specific rules linked to the accepting deposits.
How to identify an illegal pyramid scheme
- Fraudsters offer you exceptional high returns and your returns increase with the number of people that you recruit to the scheme.
- They ask you to make an initial start-up deposit as an investment into the scheme.
- They ask you to recruit others in return for bonuses.
- The scheme has multiple levels of members, all collecting commission on a single transaction.
- The scheme isn’t authorised by or registered as a financial services provider.
- If it sounds too good to be true, then it probably is. Stay away!
A Ponzi scheme is always illegal. This is a scheme that is operated by fraudsters who con people into investing their hard-earned money in a business venture or an investment that promises high returns in a short period of time. This scheme uses the money of new investors to pay returns to older investors. Once recruitment slows down, the scheme starts to collapse.
How to identify a Ponzi scheme
- They promise abnormally high investment returns, higher than those offered by financial institutions (30% and more).
- They often promise guaranteed returns. No return is ever guaranteed. All investments carry some risk.
- Make sure that you understand what you’re investing in and be wary of too-good-to-be-true business models. If you don't understand the business model, don't invest.
- The scheme owners will try and pressurise you into reinvesting your profits as they need these profits to pay other people’s returns.
- Only invest your money with credible FSB-registered institutions that you have researched properly.
- You will usually be introduced to the scheme by friends or family members who have made some money. They use this marketing ploy as you tend to trust family and friends, but remember, they need to recruit new members to pay interest to older members.
Like pyramid schemes, Ponzi schemes hide the true source of funds behind multiple transfers between different accounts. Members’ bank accounts are used to channel money so that the scammers cannot be linked to the transactions. But although you are unaware of it, you’re guilty of money laundering, because as a member, you allowed your bank account to be used to channel these funds.
Tips
- Be careful of investments that guarantee you high profits, with little or no financial risk.
- Understand what you’re investing in and beware of business models that are ‘too good to be true’. If you don't understand the business model, don’t invest.
- Know exactly where the money will be invested and do a background check on brokers or products before investing.
- These schemes operate on trust, so places like churches, social groups and community organisations are ‘happy hunting grounds’ for recruiting members. Rely on research over positive reviews and referrals from friends and relatives.
- Look out for short investment periods, sometimes as little as 10 days, with very high return rates and strong encouragement to reinvest automatically.
- Only invest your money with credible FSB-registered institutions that you have researched properly.