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Title: PYRAMID SCHEMES AND THE INTERNET: Resources to Counteract the Threat


1
PYRAMID SCHEMES AND THE INTERNET Resources to
Counteract the Threat
  • Jon M. Taylor, Ph.D., President,
  • Consumer Awareness Institute
  • and Director, Pyramid Scheme Alert
  • an international web-based non-profit
    organization to expose and prevent pyramid scheme
    abuse world wide

2
What is a pyramid scheme?
  • Simply put, a pyramid scheme is a plan under
    which a person pays another person for the right
    to be paid primarily from the introduction of
    still other persons into the plan in an endless
    chain of recruitment, rather than from the sale
    of goods or services to consumers.

3
What is a pyramid scheme? (continued)
  • As an endless chain recruiting device, a pyramid
    scheme is an infinite program in a finite
    population. Some are actually mega-pyramids of
    pyramids on pyramids.

4
What is a pyramid scheme? (continued) Of
course, we are not talking about building
structures, but about people participating in a
program who are grouped in the shape of a
pyramid, with a few on the top and many on the
bottom.
5
What is a pyramid scheme? (continued)
  • Of course, many organizations are shaped like
    pyramids corporations, government
    organizations, sales organizations, etc.with a
    few people on the top and many on the bottom. In
    this presentation you will see how illegal
    pyramid schemes differ from more normal
    organizationsand how they exploit participants.

6
Why are pyramid schemes illegal?
  • A few at the top are enriched at the expense of a
    downline of investors at the bottom who are sold
    an opportunitywhich is actually a mathematical
    trick that defrauds participants of their
    investments.
  • For example, for a chain letter in which each of
    five participants pays in 5 for five levels
  • 5x525
  • 25x5125
  • 125x5725
  • 725x53,625
  • 3,625x518,125
  • TOTAL 22,625 Sounds great! BUT

7
Why are pyramid schemes illegal? (continued)
  • Typically, the payoff is 0 for approximately 90
    of participants who are left at the bottom of the
    pyramid when it collapses or is shut down.
  • In any pyramid scheme, the vast majority of
    participants will always be in a losing position
    at the bottom, regardless of how long it lasts.

8
Why are pyramid schemes illegal? (continued)
  • Pyramid schemes are promoted as money making
    opportunities, but are structured as an endless
    chain of recruitment without regard to market
    (de facto) saturation.
  • Misrepresentation is always present, whether the
    scheme is promoted in person or over the
    Internet.
  • It is impossible for their recruiters to meet
    their promises, except for a few Top of the
    Pyramid Promoters (TOPP's for short).

9
Most common types of pyramid schemes
  • Classic, 1-2-4-8 no-product pyramid schemes
  • Internet report chains (variation of chain
    letters that were once common)
  • Internet matrix marketingnew web-based MLMs
  • Ponzi schemesrecruiting new investors to repay
    earlier investors in an endless chain
  • Product-based pyramid schemes (recruiting
    MLM's)the most common and the most damaging

10
PYRAMID SCHEMES on the web
  • Many pyramid schemes are now using the Internet
    to help them entrap people.
  • Most of the major pyramid schemes are based in
    the USA, and some product-based pyramid schemes
    recruit aggressively overseas.

11
Classic 1-2-4-8 no-product pyramid
schemesgifting schemes, birthday parties, and
other ruses
  • One person recruits two people, each of whom
    recruit two more (four), each of whom recruit two
    more (eight), for a total of 15 participants.
  • All pay in, and all of the money goes to the
    person at the top of the pyramid, who moves on,
    and each person moves up a level to begin a new
    pyramid.

12
No-product pyramid schemes Gifting/affinity
groups
  • Womens Empowerment Groups (Women Helping
    Women, etc.) Gifting Networks (The Birthday
    Party)
  • Some fail to see these as pyramid schemes because
    Its only a gift.
  • For helpful information, go to
  • www.pyramidschemealert.org

13
No-product pyramid schemes, continued
  • At some point, the program collapses due to de
    facto market saturation, or authorities shut it
    down. In either case, approximately 90 of
    participants lose money.
  • No-product pyramid schemes are easy to spot and
    relatively easy to stopat least as compared to
    product-based pyramid schemeswith approximately
    a 99.9 loss rate. Thats right99.9!

14
Internet report chains
  • You are invited by e-mail (spam) to provide a
    report (the content is irrelevant, and is often
    provided for you), pay for a series of four or
    five reports in a chain, then add your name to
    the bottom of the list.
  • If all those invited actually participated,
    everyone would make a large amount of moneyuntil
    the pool of prospects runs its course and (as
    with all pyramid schemes), about 90 of
    participants are left on the bottom with no
    payoff.

15
Internet report chains, continued
  • Losses are minimal,
  • but sometimes report chains flood the Internet
    and become a nuisance.

16
Ponzi schemesrecruiting new investors to repay
earlier investors in an endless chain
  • These happen only occasionally.
  • The more common Ponzi schemes are MLM's that
    dont sell products to end users, but primarily
    to recruits
  • recruiting in one area,
  • then moving on to another area or country so
    earlier investors can try to recoup their
    original investment
  • only to further enrich those at the top of the
    pyramid.

17
Product-based pyramid schemes
  • They can be considered recruiting MLM's, as
    opposed to retail MLM's, which pay the bulk of
    their commissions to distributors for actual
    sales to consumers.
  • These are MLM's (multi-level/network marketing
    programs) that use compensation plans that reward
    recruiting far more than selling products.
  • TOPP's (top of the pyramid promoters) gain huge
    commissions from the purchases of downline
    distributors, almost all of whom lose money.

18
Recruiting MLM's do the most damage of all the
pyramid schemesconsumers lose many billions of
dollars world wide each year.
  • Recruiting MLM's (PPS's) are usually disguised as
    direct sales businesses
  • but have a higher loss rate than classic
    no-product pyramid schemes
  • even worse than roulette and other forms of
    gambling.

19
Recruiting MLM's make extensive use of the
Internet.
  • This eliminates borders and makes for Ponzi-style
    world-wide expansion, (as a group) literally
    plundering vulnerable 2nd world countries of
    billions of dollars each year!
  • Matrix marketing is now using the Internet to
    promote web-based matrix programs on E-bay.

20
How does one recognize a recruiting MLM that is
disguised as a legitimate direct sales business?
  • Study the compensation planwhich is often posted
    on a companys web site.
  • When the pay plan is understood, the fraud is in
    plain sight.
  • Five characteristics, or Red Flags signal a
    product-based pyramid scheme, or recruiting MLM

21
Five causal and defining characteristicsof
recruiting MLMs, or product-based pyramid schemes
  • Five key characteristics have been identified by
    Dr. Jon Taylor of the Consumer Awareness
    Institute, who has now researched the topic for
    ten years. He has compared MLMs with all other
    forms of sales distribution to which MLM is often
    compareddirect sales, insurance, franchising,
    recruiting, etc.

22
Five causal and defining characteristicsof
recruiting MLMs, or product-based pyramid
schemes, continued
  • They are causal in that they identify the causes
    of abnormally high loss rates for participants,
    and
  • They are defining because they define the
    difference between exploitive PPSs and all other
    sales models.
  • But to keep it simple, we will refer to them as
    the five red flags of a product-based pyramid
    scheme.
  • Watch for the 5 red flags

23
1st characteristic of recruiting MLMs, continued
  • Recruiting of participants is unlimited in an
    endless chain
  • of empowered and motivated recruiters recruiting
    recruiters

Red flag 1
24
2nd characteristic of recruiting MLMs, continued
Red flag 2
  • Advancement in a hierarchy of multiple levels of
    distributors is achieved by recruitment,
  • rather than by appointment.

25
3rd characteristic of recruiting MLMs, continued
Red flag 3
  • Ongoing purchases by distributors are encouraged
  • in order for them to be eligible for commissions
    and to advance in the business (pay to play)

26
4th characteristic of recruiting MLMs, continued
  • The company pays commissions and/or bonuses
  • to more than five levels of distributors.
  • (Participants are not really distributors, but
    buyers.)

Red flag 4
27
5th characteristic of recruiting MLMs, continued
  • For each sale, company payout for each upline
    participant equals or exceeds that for the person
    actually selling the product.
  • This creates an inadequate incentive to sell
    products and an excessive incentive to recruit a
    huge downline.

Red flag 5
  • 5
  • 5
  • 5
  • 5
  • 5
  • etc.

28
Effects of recruiting MLMs, or product-based
pyramid schemes
  • When these five red flags appear in an MLM
    compensation plan, approximately 99.9 of
    participants lose money! (based on available
    data)
  • When the losers quit, replacements are
    recruited, using the same empty promises.
  • The TOPP's profit handsomely from their losses!
    How?
  • by ongoing sales of expensive products and
    services to hopeful new recruits, not to
    consumers, as they claim to do. This is how they
    continue receiving large commission checks.

29
Where do we get the 99.9 loss rate for
recruiting MLM's, or product-based pyramid
schemes?
  • Through analyses of FTC and SEC filings, internal
    company documents and memos, and fact findings in
    court cases.
  • Through surveys of persons who prepare tax
    returns of MLM participants, including TOPP's,
    complemented by surveys of households where there
    is a concentration of MLM participants

30
The Winners and the Losers in Recruiting MLMs
  • Approx. income
    who lose
  • of top distributors investment
  • Company A 137,000/year 99.99
  • Company B 747,063/year 99.94
  • Company C 240,000/year 99.92
  • Company D 1,080,000/year 99.91
  • Company E 121,000/year 99.87
  • Company F 1,200,000/year (est.) 99.98
  •  
  • RTTP Renaissancethe Tax People (shut down by
    the state of Kansas as an illegal pyramid scheme)
  • The others are prominent MLM's still operating.

31
Cost to the economy of recruiting MLMs,
  • Tens of billions of dollars defrauded from
    participants every year.
  • Billions in state and local tax revenues lost
    each year from unjustified tax writeoffs.
  • Resources diverted from real needs.

32
Psychological and social costs of recruit-ing
MLMs and other pyramid schemes
  • Emphasizes crass materialism.
  • Strip mines enthusiasm.
  • Contaminates important relationships.
  • Floods the Internet, along with other scams.
  • Breeds disrespect for law enforcement.
  • Typical comment Why doesnt somebody DO
    something about these scams?

33
Why are product-based pyramid schemes more
harmful than no-product schemes?
  • A higher percentage of participants lose money.
  • They tend to endure longer (evolving into Ponzi
    schemes), causing greater aggregate losses.
  • They are less easily understood due to complex
    compensation plans which obfuscate the fraud.
  • Victims seldom complain, so law enforcement
    seldom gives them priorityunless oriented
    towards proactive enforcement.

34
Why victims of recruiting MLMs seldom complain
  • They have been conditioned to blame themselves
    for failing to work the system.
  • I failed.
  • They fear consequences from or to their upline
    (who may be a close friend or relative)
  • I wont tell!
  • Lack of enforcement leads to the belief
  • They must be legal or theyd have been stopped
    by now.

35
Challenge for consumer protection
  • Even with a 90 loss rate, a no-product pyramid
    scheme offers about 100 times as much chance
    (10)of realizing a profit as a product-based
    pyramid scheme (1/10 of 1)!
  • Thats 100 times as much!
  • Yet the DSA (Direct Selling Association), which
    has been virtually taken over by MLM's) promotes
    legislation that carries criminal penalties for
    no-product pyramid schemes,
  • but exempts product-based schemes (MLM's with
    trademarked products) from pyramid scheme
    prosecution.
  • Doesnt this legislation get things backwards?
  • Are we failing to look critically at the claims
    of these MLMs to be legitimate direct sellers?

36
DSA legislation
  • The effect of DSA-influenced pyramid scheme
    legislation is to make the most damaging schemes
    exempt from action as a pyramid scheme.
  • SOhow can law enforcement protect consumers in
    states where DSA legislation is in effect?
  • (or where it has always been difficult to enforce
    anti-pyramid laws against recruiting MLM's)?

37
Deceptions and misrepresentations by
product-based pyramid schemes
  • THE BIG LIE
  • Rememberall states have some legislation against
    misrepresentation, deceptive sales practices, or
    simple fraud.
  • Therefore, since all types of pyramid schemes
    MUST misrepresent in order to survive and grow,
    such laws can be applied to product-based pyramid
    schemes in any state.

38
How to prevent unwise DSA (Direct Selling Assn.)
legislation
  • Go to the web site for PSA (Pyramid Scheme Alert
    www.pyramidschemealert.org) where Robert
    Fitzpatrick has posted an excellent analysis of
    the problems with DSA legislation.
  • At least one state legislature has been prevented
    from passing DSA-originated legislation based on
    this information.

39
The benefit of swift and proactive enforcement
against pyramid schemes
  • By stopping any major pyramid scheme before it
    gathers steam, huge consumer losses can be
    prevented (losses that otherwise may never be
    recovered). Why?
  • Because each participant is empowered and
    motivated to recruit others in an endless chain
    of participants. So it will not stopand may grow
    rapidlyuntil it collapses or is stopped. So the
    sooner it is stopped, the better.

40
How to more effectively protect consumers
against pyramid schemes
  • Become informed, especially about pay plans of
    recruiting MLM's
  • Inform legislators of the dangers of
    DSA-influenced legislation.
  • Focus on the more damaging schemes by watching
    for the 5 Red Flags.

Watch for the 5 red flags.
41
How to more effectively protect consumers
against pyramid schemes, (continued)
  • Carefully evaluate and link up with outside
    resources, including useful web sites to enhance
    your effectiveness.
  • Direct consumers to these resources.
  • Perform outreach education to prevent pyramid
    scheme abuse.

42
Helpful web sites for countering pyramid schemes
  • www.mlm-thetruth.com - 10 years research and
    guides to help consumers protect themselves from
    product-based pyramid schemes. Posted by Jon
    Taylor, Ph.D., President, Consumer Awareness
    Institute
  • www.pyramidschemealert.org - The Pyramid Scheme
    Alert PSA web site is an excellent source of
    information on legal cases, news, action alerts,
    research, and analytical tools. But be aware of
    DSAs web site identity diversion (the web
    version of identity theft). If you type the wrong
    domain suffix - .org or .net or .com, you
    will be directed to DSAs site.
  • www.mlmwatch.org - MLM's with health
    implications critically evaluated by Dr. Stephen
    Barrett. Valuable bulletins.
  • www.mlmsurvivor.com - NOT MLM survivors.comanoth
    er identity diversion. One of the most popular
    and helpful consumer-friendly sites on the web.
  • www.falseprofits.com - Sponsored by Robert
    Fitzpatrick

43
Other sites reporting on MLM's and pyramid
schemes
  • www.vandruff.com/mlm - Classic article Whats
    Wrong with Multi-level Marketing offers useful
    insights.
  • www.ftc.gov - Minimal help is given by the FTC.
  • www.bbb.org -The Better Business Bureau is of
    virtually no help in this area. Many MLMs are
    members, so their bulletin on MLMs reflects the
    public statements of the DSA.
  • PLUSMany states and organizations offer advice
    to consumers, with varying amounts and quality of
    helpful information
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