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Securities Lawyer Jonathan Kurta
By: Jonathan Kurta Author

Recovering from Investment Fraud With Help From Ponzi Scheme Lawyers

Headline-grabbing Ponzi schemes continue to devastate investors, but can you spot the warning signs of this type of investment fraud? These schemes promise investors extraordinary returns, only to use their money to pay earlier investors and fund the scammer’s lavish lifestyle. 

We’ve seen Ponzi schemes flourish since Charles Ponzi’s notorious scam in the 1920s. In fact, The Wall Street Journal reported that in 2019 alone, just six major cryptocurrency Ponzi schemes accounted for 90% of funds stolen through illicit transactions. These fraudsters employ a time-tested formula: promising substantial wealth, quick returns, and zero risk to your capital. 

Recognizing Ponzi Scheme Red Flags 

To protect yourself from falling victim to these fraudulent schemes, it’s important to recognize the warning signs. The SEC highlights the following characteristics that should prompt you to be cautious and consider seeking a Ponzi scheme lawyer:

  • Unrealistic returns: Be wary of promises of enormous profits with minimal risk. Higher-than-average returns always come with increased risk.
  • Guaranteed profits: In the world of investing, there are no guarantees. Claims of assured returns are a major red flag.
  • Unregistered investments: Legitimate companies register investments with the SEC. Before investing, verify the security’s registration status on the SEC Edgar database
  • Mysterious strategies: If an investment’s methodology is shrouded in secrecy, it’s cause for concern. Transparency is essential in legitimate investments.
  • Difficulty accessing funds: Ponzi scheme operators often create obstacles when investors try to withdraw their money. They may delay payouts or attempt to convince you to reinvest with promises of even greater returns.
  • Trendy or novel investments: Fraudsters often exploit the latest investment trends to lure victims. Currently, many Ponzi schemes involve cryptocurrencies and other emerging technologies. 

By staying alert to these red flags, you can better protect your hard-earned money from potential fraud. If you encounter any of these warning signs, consider consulting with a knowledgeable Ponzi scheme lawyer.

The History of the Ponzi Scheme  

The term “Ponzi scheme” originates from a notorious fraud perpetrated by Charles Ponzi, an Italian immigrant in Boston, Massachusetts, in 1919. While not the inventor of this type of scam, Ponzi’s scheme gained such notoriety that it became the namesake for similar frauds.

Ponzi’s pitch was enticing: he promised his first investors a 50% return in just 45 days, claiming he could turn $100 into $150 through arbitrage. Arbitrage is a trading strategy that aims to profit from price differences of the same asset in different markets. His supposed strategy involved exploiting the price differences in international postal coupons by buying them cheaply abroad and redeeming them for a higher value in the U.S. 

The scheme initially appeared legitimate as Ponzi paid early investors their promised returns. This created a frenzy, with a Boston Post headline proclaiming: “DOUBLES THE MONEY WITHIN THREE MONTHS; 50 Percent Interest Paid in 45 Days by Ponzi—Has Thousands of Investors.” As money poured in, Charles Ponzi indulged in a lavish lifestyle.

However, U.S. Postal Department officials grew suspicious. They realized there weren’t enough postal coupons in circulation to support Ponzi’s claimed returns. When a financial writer exposed this flaw, Ponzi sued for libel and won $500,000, effectively silencing potential whistleblowers. 

The scheme eventually unraveled under federal investigation. In 1921, Charles Ponzi pleaded guilty to mail fraud and served over 10 years in prison. Like future fraudsters, including Bernie Madoff, Ponzi maintained that his scheme could have succeeded under different circumstances. 

This history serves as a stark reminder of the enduring nature of investment fraud. The same tactics Ponzi used over a century ago continue to lure unsuspecting investors today.

Modern Ponzi Schemes: Cryptocurrencies 

The rise of cryptocurrencies has created a new frontier for Ponzi schemes. As the SEC stated in an investor alert, “Potential investors are often less skeptical of an investment opportunity when assessing something novel, new or ‘cutting-edge.’” These digital assets often attract investors with promises of quick wealth, mirroring the allure of traditional Ponzi schemes. Stories of Bitcoin millionaires have fueled this enthusiasm, making it easier for scammers to exploit investors’ dreams of striking it rich. 

A prime example is the case of Trenton Shavers, who was sentenced to 18 months in prison in 2016 for running the first documented Bitcoin Ponzi scheme. According to The Wall Street Journal, Shavers controlled an astounding 7% of all Bitcoin in circulation at the height of his scheme. Shavers’ fraud showcased several classic Ponzi scheme traits: 

  • Promises of extraordinary returns: Shavers offered investors a staggering 7% weekly return when they invest in Bitcoin.
  • Claims of a foolproof strategy: The SEC complaint states that Shavers claimed to use arbitrage, providing large sums of Bitcoin to individuals who wanted to purchase it quickly and in large quantities. He alleged that returns came from the exchange rate between Bitcoin and cash. 
  • Misuse of funds: Instead of investing as promised, Shavers spent the money on personal expenses and unsuccessful day trading. 

More recently, the PlusToken scheme demonstrated the evolving nature of these frauds. Before its collapse in 2019, PlusToken amassed approximately $2 billion by promising returns of 10% to 40%. It even incorporated elements of a pyramid scheme, offering additional rewards for participants who recruited new investors.

These cases highlight how fraudsters adapt old schemes to new technologies. While cryptocurrencies offer innovative investment opportunities, they also present unique risks. Investors must remain vigilant and seek expert advice when dealing with these complex, rapidly evolving assets.

Ponzi Scheme Lawyers You Can Trust

If you’ve been the victim of a Ponzi scheme, you’re not alone, and there is hope. At Kurta Law, we specialize in helping defrauded investors recover their losses from these complex fraudulent schemes. Our team of experienced Ponzi scheme attorneys has a proven track record of success, having recovered millions of dollars for victims just like you.

We understand the intricacies of these cases and the profound impact they have on investors. Our approach combines legal expertise with an unwavering commitment to holding scammers accountable. As dedicated Ponzi scheme attorneys, we work tirelessly to uncover fraud and pursue justice on behalf of our clients.

Your financial future matters to us. If you suspect you’ve fallen victim to a Ponzi scheme, it’s essential to act now. We offer a free case evaluation to assess your situation and discuss your options.

Take the first step towards reclaiming your financial security. Contact Kurta Law at 877-600-0098 or fill out our contact form to schedule your free consultation.

FAQs

How do Ponzi schemes work? 

Ponzi schemes rely on a continuous stream of new investors to function. The scammer uses money from new investors to pay “returns” to earlier investors, creating an illusion of profitability. Some Ponzi schemes also operate as affinity schemes, targeting specific ethnic or religious groups. Scammers exploit the trust within these communities to enhance their credibility.

Ponzi schemes are inherently unsustainable. Even if the SEC doesn’t immediately catch on, the scheme will eventually run out of new investors, causing payments to stop. When investors try to withdraw their money and can’t, the scheme unravels. 

What was the Bernie Madoff Ponzi scheme?

Bernie Madoff orchestrated one of the largest Ponzi schemes in history. Arrested in December 2008, Madoff had defrauded thousands of investors of billions of dollars over nearly two decades. His scheme’s massive scale and long duration shocked the financial world. Even today, many investors are still struggling to recover their losses. 

It’s important to note that Ponzi schemes did not end with Bernie Madoff. New fraudulent investment schemes continue to emerge, often disguised as legitimate opportunities. The SEC regularly uncovers and announces allegations of new Ponzi schemes.

What’s the difference between Ponzi schemes and Pyramid schemes?

While both Ponzi schemes and pyramid schemes rely on the continuous recruitment of new investors, they differ in structure:

  • Ponzi schemes: Operators pay returns to existing investors using funds from new investors. They may encourage investors to recommend the scheme to others but don’t typically offer direct rewards for recruitment.
  • Pyramid schemes: Participants earn money primarily by recruiting new members. They receive direct financial incentives for each new person they bring in, creating a multi-level structure.

Both types of schemes are unsustainable and often illegal.

Are all Ponzi schemes illegal? 

Ponzi schemes are inherently fraudulent and illegal. Those convicted of running Ponzi schemes can face severe consequences, including jail time, fines, and orders to repay defrauded investors. 

However, some legal investments may share characteristics with Ponzi schemes. For example, according to an article from The Wall Street Journal entitled “Look Out for Ponzi Schemes, Including the Legal Ones,” investors should be wary of partnership agreements that allow for dividends to be paid using new investments. Private placements might also include language that allows for investments to go toward managers’ personal expenses, a characteristic that may seem uncomfortably similar to a Ponzi scheme’s operations.

While these practices aren’t necessarily illegal, they can be red flags. It’s important for investors to thoroughly understand how their money will be used and to be wary of investments that seem too good to be true. If you believe your broker has misled you or you’ve become involved in a Ponzi scheme, contacting a Ponzi scheme lawyer for a case evaluation is advisable. With the assistance of an experienced lawyer, Ponzi scheme losses can be recovered, and you can be sure that your legal rights will be properly represented, allowing you to make an informed decision on how to proceed.

How do I get out of a Ponzi scheme? 

If you suspect you’ve invested in a Ponzi scheme, act quickly and consider your legal options. Start by seeking a free consultation with Ponzi scheme fraud lawyers to determine if your investment losses stem from fraudulent practices in a potential Ponzi scheme. Sometimes, the issue may lie with inadequate supervision by your brokerage firm. For instance, investors have recovered funds in cases where firms like Oppenheimer allegedly failed to supervise brokers operating Ponzi schemes through their professional connections.

Clawback lawsuits have proven effective in some cases, allowing investors to recover money from banks that channeled funds to fraudsters or from early investors who unknowingly profited from the scheme. The Ponzi scheme defense lawyers at our law firm have extensive experience in investment fraud, representing victims of high-profile cases like the Bernard Madoff Ponzi scheme and helping initial investors recover their hard-earned money.

If you believe your stock broker recommended an investment that turned out to be a Ponzi scheme, contact a Kurta Law Ponzi scheme lawyer immediately. Our Ponzi scheme attorney can help you gather the necessary information to present your case to an arbitration panel. Additionally, if you suspect involvement in a Ponzi scheme, it’s advisable to report your concerns to the FBI or the SEC. Early action is valuable in these situations. The sooner you seek legal advice, the better your chances of recovering your losses and protecting your financial future.

Securities Lawyer Jonathan Kurta
Written by: Jonathan Kurta

Jonathan Kurta is an accomplished securities attorney and a founding partner at Kurta Law.