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Federal Ponzi Schemes: What Investors Should Know to Avoid Being Scammed

December 11, 2024

If someone promises guaranteed, high returns with no risk—run the other way. Claims of investments that consistently make money regardless of market conditions are classic red flags for Ponzi schemes. Other big warning signs include salespeople unable to provide proof of licensing, aggressive tactics to push “exclusive” deals, or endless excuses when you attempt to withdraw your money. Also consider it a dead giveaway if you’re being pressured to recruit friends or family as investors, or if the scheme seems to target specific communities through trusted leaders or religious affiliations. This is where caution is critical, as anyone actively recruiting others could unknowingly expose themselves to potential criminal liability. 

A Ponzi scheme is basically a financial house of cards where older investors get paid with new investors’ money, rather than from actual profits or legitimate business activity. It may appear  the scammers are running a successful investment operation, but in reality, they’re just shuffling money around while pocketing a significant portion for themselves. They keep everyone hooked with fake account statements and bogus returns.  Ponzi schemes are particularly dangerous because they look super legitimate for a while, especially when early investors are getting paid and bragging about their returns. But eventually, there  won’t  be enough new investors to keep paying the old ones.

Any legitimate investment product generally needs to be registered with a regulatory agency, such as the SEC under the Securities Act of 1933 (unless it meets specific exemptions) or with the CFTC under the Commodity Exchange Act (CEA) Section 4d, both of which require detailed disclosures about the investment and the risks involved. When an investment vehicle is properly registered, investors can rely on genuine oversight and protection, rather than merely the word of someone claiming the investment is legitimate. The registration process forces investment companies to put all their cards on the table through mandatory filings, which will help verify whether the investment being sold is legitimate and provide for strict regulatory oversight. 

Ponzi schemers intentionally rely on unlicensed individuals and entities to bypass the strict regulatory framework enforced by the SEC and FINRA. These regulations require transparent accounting, detailed audit trails, and routine regulatory examinations—safeguards designed to detect and deter fraud. By operating outside this framework, scammers can fabricate returns, misrepresent the nature of their investments, and evade the rigorous audits and transaction reporting that would otherwise expose their deceit.