A Ponzi scheme is an investment fraud that pays existing investors with funds collected from new investors. Ponzi scheme organizers often promise to invest your money and generate high returns with little or no risk.
But in many Ponzi schemes, the fraudsters do not invest the money. Instead, they use it to pay those who invested earlier and usually keep or skim some for themselves—often to fund an extravagant personal lifestyle.
With little or no legitimate earnings, Ponzi schemes require a constant flow of new money to survive. When it becomes hard to recruit new investors, or when large numbers of existing investors cash out or demand their money back, these schemes tend to collapse.
Ponzi schemes are named after Charles Ponzi, who duped investors in the 1920s with a postage stamp speculation scheme.
Ponzi Scheme Red Flags
Many Ponzi schemes share common characteristics. Look for these warning signs:
• High returns with little or no risk. Every investment carries some degree of risk, and investments yielding higher returns typically involve more risk. Be highly suspicious of any guaranteed investment opportunity.
• Overly consistent returns. Investments tend to go up and down over time. Be skeptical about an investment that regularly generates positive returns regardless of overall market conditions.
• Unregistered investments. Ponzi schemes typically involve investments that are not registered with the Securities and Exchange Commission (SEC) or with state regulators. Registration is important because it provides investors with access to information about the company’s management, products, services, and finances.
• Unlicensed sellers. Federal and state securities laws require investment professionals and firms to be licensed or registered. Most Ponzi schemes involve unlicensed individuals or unregistered firms.
• Secretive, complex strategies. Avoid investments if you don’t understand them or can’t get complete information about them.
• Issues with paperwork. Account statement errors may be a sign that funds are not being invested as promised.
• Difficulty receiving payments. Be suspicious if you don’t receive a payment or have difficulty cashing out. Ponzi scheme promoters sometimes try to prevent participants from cashing out by offering even higher returns for staying put.
In Texas, Ponzi schemes are considered a form of securities fraud and are illegal under both state and federal law. The Texas Securities Act provides the regulatory framework for securities in the state, and it requires investments to be registered with the Texas State Securities Board unless they are exempt. Additionally, individuals or firms selling investments must be licensed or registered in accordance with state and federal regulations. The U.S. Securities and Exchange Commission (SEC) also regulates investment activities and works to protect investors from fraudulent schemes like Ponzi schemes. Ponzi schemes are characterized by using money from new investors to pay returns to earlier investors rather than generating legitimate profits. Warning signs include promises of high returns with little or no risk, overly consistent returns, unregistered investments, unlicensed sellers, secretive or complex strategies, errors in account statements, and difficulties in receiving payments. When these schemes collapse, as they inevitably do, investors often lose their money. Perpetrators of Ponzi schemes in Texas can face severe penalties, including fines and imprisonment.
