Wednesday 5 October 2011

Pyramid / MLM Schemes – Illegality, Lack of Action.


A pyramid scheme is a non-sustainable business model that involves promising participant’s payment, services or ideals, primarily for enrolling other people into the scheme or training them to take part, rather than supplying any real investment or sale of products or services to the public. Pyramid schemes are a form of fraud.
A successful pyramid scheme combines a fake yet seemingly credible business with a simple-to-understand yet sophisticated-sounding money-making formula which is used for profit. The essential idea is that a "con artist" Mr. X, makes only one payment. To start earning, Mr. X has to recruit others like him who will also make one payment each. Mr. X gets paid out of receipts from those new recruits. They then go on to recruit others. As each new recruit makes a payment, Mr. X gets a cut. He is thus promised exponential benefits as the "business" expands.
Such "businesses" seldom involve sales of real products or services to which a monetary value might be easily attached. However, sometimes the "payment" itself may be a non-cash valuable. To enhance credibility, most such scams are well equipped with fake referrals, testimonials, and information. The flaw is that there is no end benefit. The money simply travels up the chain. Only the originator and a very few at the top levels of the pyramid make significant amounts of money. The amounts dwindle steeply down the pyramid slopes. Individuals at the bottom of the pyramid (those who subscribed to the plan, but were not able to recruit any followers themselves) end up with a deficit.
The network marketing (NM) or multi-level marketing (MLM) business has become associated with pyramid schemes as "Some schemes may purport to sell a product, but they often simply use the product to hide their pyramid structure." and the fact while some people call MLMs in general "pyramid selling" others use the term to denote an illegal pyramid scheme masquerading as an MLM.
In modern days, it is also called as "Chain Business", "Introduction Business", "Referral Business", "Direct Marketing Business", "Direct Selling through Independent Business owner" etc. 
Multi-level marketing (MLM) is a purported income opportunity, in which persons recruited into a pyramid of participants make ongoing purchases of products and services, and recruit others to do the same, and they still others, etc. – in an endless chain of recruitment and personal consumption, in order to qualify for commissions and bonuses and to advance upward in the hierarchy of levels in a pyramid of participants. Product purchases become the means of disguising or laundering investments in what is in fact a product-based pyramid scheme.
Typically, prospects are lured into the scheme with exaggerated product and income claims. And because the pay plan is heavily stacked in favor of those at the highest levels in the pyramid, the vast majority of participants spend more than they receive and eventually drop out, only to be replaced by a stream of similarly misled recruits, approximately 99% of whom are likewise destined to experience loss and disappointment.
Multi Level Marketing (MLM) offers an inexpensive alternative to other more expensive options for owning a business. A good franchise or buying a business from someone else may cost a fortune, and starting a business from scratch may take years to get off the ground. MLM is easy to get into and can be a very pleasant way to be your own boss. Most of the people get into MLM because of the potential of virtually unlimited income as advertised by the MLM companies. The products and company are usually marketed directly to consumers and potential business partners by means of relationship referrals and word of mouth marketing. 
Independent distributors develop their organizations by either building an active customer base, who buy direct from the company, or by recruiting a downline of independent distributors who also build a customer base, thereby expanding the overall organization. Additionally, distributors can also earn a profit by retailing products they purchased from the company at wholesale price.
it has become apparent that a typical strategy of MLM sponsors is to produce dietary supplements that supposedly cure or – with appropriate anti-oxidants - prevent every disease under the sun. Most MLM companies I have studied claim to have the latest and greatest supplement that is just not available anywhere else in such high quality for the price. They even claim to bypass the middle man, when in fact with their endless chain of recruitment, they create thousands of middle men – all hoping for a share of commissions.
Each new recruit has a personal stake in advancing the scheme so that he or she may profit from an expanding downline. New recruits are taught to ―be a product of the products and to set the example of model recruiting and purchasing in suggested amounts so that others will duplicate their recruiting efforts and purchases, carrying them to success on the backs of downline participants. 
Sympathy Buyer: As new recruits struggle to maintain purchases in order to qualify for commissions and to advance up the various levels in the scheme, they soon become desperate for buyers. They may pressure family members or colleges to buy - or give them away even if they are not interested.
Counterfeit customers: Other participants would buy products that they could not use in the name of someone they knew but who had no interest in the products just to satisfy any retail requirement the company may have. They may even give products away to these people as gifts or samples.
Dummy distributors: who were persons who agreed to sign up and allow their name to be used to satisfy the head count, even though they were not interested in becoming a distributor. The distributor would then buy products in their name to satisfy head count requirements. Many people re-join as members in their own chain when they are able to get more downline members.
Innocent leaders : Some MLM leaders truly do not understand the inherent flaws in MLM as endless chain recruitment schemes. Since they interact mostly with high level people in the MLM organization, they don‟t get much feedback from recruits who lose money and drop out. Since they live and work in an echo chamber of enthusiastic promoters, they ignore or remain in denial of the harm when they see signs of serious problems, such as high attrition or high loss rates.
White collar criminals : The rapid and huge gains that can be made can be very enticing to someone who is willing to set principles of fairness and honesty aside in order to cash in at others’ expense. These are the people who continuously float and break companies.
Forced customers: People are compelled by their superious officers to join such schemes. If a Sub Inspector is member of the scheme, he can force all policemen under him to join the scheme too.
Greedy customers: people can join the scheme for making quick money without any effort. They are largly unaware of the repercussions of the fraoud. A large number of housewives have been cheated by such schemes.
  
The unemployed or underemployed: Many are struggling and eager to improve their situation – often willing to grasp at any straw that looks promising. They are sitting ducks for the oft-repeated slogans of MLM recruiters that portray MLM as a solution to their financial woes.
The unsophisticated and uneducated. Persons unschooled or weak in their understanding of basic mathematics or economics may they fail to see the inherent flaws in endless chain recruitment systems. These folks may not be of low intelligence, just lacking in mathematical savvy.
Affinity groups: MLM recruiters have enjoyed an unusual pattern of success with tightly-knit groups. Kudumbasree units in Kerala is an example for this.
Since the upline‘s income is dependent on the recruiting success of downline participants, the upline is motivated to promote aggressive recruitment. And new recruits expect help with their recruiting from their uplline in order to qualify for commissions and advancement in the scheme. This pressure from above and below can create explosive growth in recruitment and purchases by participants and sympathetic family members.
A study conducted by Jon M. Taylor based on a careful analysis of more than 350 MLM Companies, found that approximately 99.6% of ALL participants in such schemes lose money (after subtracting ALL expenses)!
According to Eric Scheibeler, Who studied the functioning of Amway concluded that  out of 10,000 participating members, only 414 remained in the business after the 5th renewal. That‘s a 95.9% dropout rate in only five years for the largest of all MLMs .
MLMs are recruitment-driven with very little incentive to sell products to non-participants. Products are priced too high to be competitive, and compensation plans provide rewards to participants that escalate exponentially as they climb the hierarchy (pyramid) of participants. To show how saturation is inevitable, in a binary pyramid one person recruits two people, each of them two more, and they two more, etc., as follows: 
LEVEL
PEOPLE NEEDED
TOTAL PEOPLE
1
1
1
2
2
3
3
4
7
4
8
15
5
16
31
6
32
63
7
64
127
8
128
255
9
256
511
10
512
1023
11
1024
2047
12
2048
4095
13
4096
8191
14
8192
16383
15
16384
32767
16
32768
65535
17
65536
131071
18
131072
262143
19
262144
524287
20
524288
1048575
21
1048576
2097151
22
2097152
4194303
23
4194304
8388607
24
8388608
16777215
25
16777216
33554431
26
33554432
67108863
27
67108864
134217727
28
134217728
268435455
29
268435456
536870911
30
536870912
1073741823
31
1073741824
2147483647
32
2147483648
4294967295
33
4294967296
8589934591

. . . and so on until by the 33rd person in the chain of recruitment, the total number of recruits exceeds the population of the earth. Of course, it happens much more quickly if three or more participants are recruited by each new recruit.
It is important to draw a distinction between total saturation and market saturation. A city of 100,000 people surely could not support 100,000 direct selling distri-butors. Any expectation of such total saturation would be absurd unless everyone was selling only to himself/herself. On the other hand, market saturation may be reached with only 10 or 20 distributors.
1. Each person recruited is empowered and given incentives to recruit other participants, who are empowered and motivated to recruit still other participants, etc. – in an endless chain of empowered and motivated recruiters recruiting recruiters – without regard to market saturation. 
2. Advancement in a hierarchy of multiple levels of “distributors” is achieved by recruitment and/or by purchase amounts, rather than by appointment.
3.Company payout (in commissions & bonuses) per sale for the total of all upline participants equals or exceeds that for the person selling the product – resulting in inadequate incentive to retail and excessive incentive to recruit. This is what is meant by a “top-weighted” pay plan.
4.The MLM company pays commissions and bonuses on more “distributor” levels than are functionally justified; i.e., five or more levels, which only further enriches those at the top of the pyramid.
As a business model, MLM is likely the most successful con game of all time. The very people who are out recruiting are themselves victims until they run out of money and quit. And because victims seldom file complaints, law enforcement rarely acts. It is a vicious cycle, No complaints, no law enforcement action; no law enforcement action, no complaints. So the game goes on.
The issue is not TOTAL saturation, but MARKET SATURATION. In a city of 100,000 people, the notion of 100,000 distributors to serve them is absurd. Perhaps the MARKET could be saturated with at most 5 or 10 distributors. Each added distributor would reduce the opportunity for existing distributors, and resistance would build up for those who have been approached several times. In fact, market saturation occurs rather quickly.
It is both very demanding and very expensive to achieve success at recruiting a downline, which is essential if one is to realize significant ongoing profits from MLM. Those who lock in a position as the first ones in the chain of recruitment have a huge advantage over those who come in later, but this is seldom disclosed to new recruits.
MLM assumes both infinite markets and virgin markets, neither of which exists in the real world.
Victims almost never file complaints about such frauds for a variety of reasons, including the following:

1. Most people blame themselves, since they’ve been taught that anyone who properly “works the system” will succeed and that if a new participant fails it is their fault, rather than the fault of the system. Companies DO pay if the members bring new members.
2. Since they are part of an endless chain of recruitment, they fear consequences for filing a complaint from or to those they recruited or those who recruited them, who may be close friends or relatives still in the program. 
3. They may fear self-incrimination, since in MLM every major victim has likely been a perpetrator, recruiting unwitting persons in order to cover their escalating expenses of participation. In fact The Prize Chits and Money Circulation Scheme (Banning) Act, 1978 makes every participant in such schemes an offender.
4.Law enforcement agencies are generally hand in gloves with the scamsters as many people in the law enforcement agencies themselves  are active participants in such schemes.Some companies ensure that close relatives of police officers are made distributers of their schemes.
5.Many people are ashamed to admit that they are swindled of their money and suffers silently.
MLM observers have noticed cultish and even compulsive behavior from MLM participation. Some MLM programs adopt cultist patterns in recruitment and retention of members, becoming a rather closed society. Also, the evolution of ―MLM junkies has been observed, with traits of addiction similar to those for other addictions.
Except for TOPPs (top-of-the-pyramid promoters), almost all MLM participants wind up losing money – and eventually drop out of the program, many of them discouraged and blaming themselves – rather than a flawed program.
Such Schemes give it’s perpetuators a “license to steal.”It is so widespread that a July 2011 google search for combination of “fraud” and “Multi Level Marketing” yielded 31,100,000 results .
There are three types of Pyramid schemes in existence.
1.Unilevel – There is no limit to the number of distributors that can be recruited on the first level (who ―retail products to end users). However, there is usually a limit on the number of levels deep that can qualify for commissions or overrides. It could be considered a ―flat pyramid and is probably the most fair of the compensation plans – though few would get rich. 
2.Binary – Binary plans promote recruiting in a downline of two legs of distributors (left and right ―profit centers), with incentives to maintain matching sales volume between the two legs. Commissions are paid only on matching volume, and this can sharply limit company payout. Seldom are high volume producers matched in the same leg of the downline. Binary plans could be considered ―split pyramids. Companies like Bizarre and BikMaark follow this model.Most Indian MLM Scemes are variations of this model.
3.Matrix – A limit is placed on the number of distributors in the first level and on the number of levels deep. Additional recruits ―spill over into the next level. Growth is limited (for example, 4x12=48 total downline). Can be played like a lottery – lazy participants can win. Matrix plans could be viewed as a ―block pyramids.

Monday 3 October 2011

Recent Actions against MLM / Money Chain fraud

Against Amway in Kerala
http://www.thehindubusinessline.com/companies/article2331022.ece

Against RMP Infotec in Kerala
http://www.hindu.com/2011/06/15/stories/2011061563910300.htm


Against RMP Infotec in Andhra Pradesh
http://www.thehindu.com/news/cities/Vijayawada/article2493014.ece


Against Vision 21st in Kerala
http://ibnlive.in.com/news/raids-on-offices-in-kochi-thrissur/174891-60-116.html


Against Nano Excel in Andhra Pradesh
http://www.teluguportals.com/2011/09/maddineni-harish-babu-arrested/


Against Bizarre group in Kerala
http://www.asianetindia.com/news/kalpetta-held-money-chain-fraud-case_278514.html


Against tycoon in Kerala
http://www.moneylife.in/article/kerala-gets-tough-with-money-swindlers-and-mlm-companies/17571.html

Salient Featurs of THE PRIZE CHITS ACT, 1978


2 (c) "money circulation scheme" means any scheme, by whatever name called, for the making of quick or easy money, or for the receipt of any money or valuable thing as the consideration for a promise to pay money, on any event or contingency relative or applicable to the enrolment of members into the scheme, whether or not such money or thing is derived from the entrance money of the members of such scheme or periodical subscriptions;

3. No person shall promote or conduct any prize chit or money circulation scheme, or enrol as a member to any such chit or scheme, or participate in it otherwise, or receive or remit any money in pursuance of such chit or scheme.

4. Whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees.

5. Whoever, with a view to the promotion or conduct of any prize chit or money circulation scheme in contravention of the provisions of this Act or in connection with any chit or scheme promoted or conducted as aforesaid,-
(d) brings, or invites any person to send, for the purpose of sale or distribution, any ticket, coupon or other document for use in a prize chit or money circulation scheme or any advertisement of such prize chit or money circulation scheme; or
(e) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize chit or money circulation scheme; or
(f) causes or procures or attempts to procure any person to do any of the above-mentioned acts, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both: Provided that in the absence of special andadequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees.

7. Power to enter search and seize.
(1) It shall be lawful for any police officer not below the rank of an officer-in-charge of a police station,-
(a) to enter, if necessary by force, whether by day or night with such assistance as he considers necessary, any premises which he has reason to suspect, are being used for purposes connected with the promotion or conduct of any prize chit or money circulation scheme in contravention of the provisions of this Act;
(b) to search the said premises and the persons whom he may find therein;
(c) to take into custody and produce before any Judicial Magistrate all such persons as are concerned or against whom a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been concerned with the use of the said premises for
purposes connected with, or with the promotion or conduct of, any such prize chit or money circulation scheme as aforesaid;
(d) to seize all things found in the said premises which are intended to be used, or reasonably suspected to have been used, in connection with any such prize chit or money circulation scheme as aforesaid.
(2) Any officer authorised by the State Government in this behalf may-
(a) at all reasonable times, enter into and search any premises which he has reason to suspect, are being used for the purposes connected with, or conduct of, any prize chit or money circulation scheme in contravention of the provisions of this Act;
(b) examine any person having the control of, or employed in connection with, any such prize chit or money circulation scheme;
(c) order the production of any documents, books or records in the possession or power of any person having the control of, or employed in connection with, any such prize chit or money circulation scheme; and
(d) inspect and seize any register, books of account, documents or any other literature found in the said premises.
(3) All searches under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974.) 1158  

10. All offences punishable under this Act shall be cognizable.



Legal Sanction for closure of Money Chain business by Police.



On a 5 July, 2006 judgement in Achamma Chacko, W/O.P.V.Chacko vs Government Of Kerala,( WP(C) No. 12775 of 2006(S)) Hounarable Judges of Kerala High court VK Bali, CJ and PR Raman J ruled:

“Surely, the investigating agency will be justified in launching prosecution against the  petitioners if the contents in the FIR and other supporting materials may disclose commission of some crime. The police officers would have every right to prevent such crime. This power vests with every police officer under the provisions contained in Section 149 of the Code of criminal Procedure which reads as follows:
"Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence."
If the scheme evolved by the petitioners which of course is their business may result into commission of any cognizable offence, the police investigating the crime can very well prevent it and that can be done only by slapping an order of closure of such business as has been done vide order Ext.P4. ”

Legal Sanction for suo moto registration of cases against MLM companies.

Legal Sanction for suo moto registration of cases against MLM companies.
Paragraph 29 of the Kerala High Court judgment on Kuriachan Chacko, Achamma Chacko And Linu Joy w/o Joy John vs. State Of Kerala delivered on 19.7.2007 by hounarable Judge R. Basant, says:
"29. It is contended that no victim has actually come forward to complain about cheating. All the unit holders so far have been paid the amounts due to them. In these circumstances, in the absence of a specified person to complain about cheating the charge of cheating would not lie, it is contended. I find no merit in this contention. The allegation is of cheating by devising a scheme. In the initial days of the scheme all the unit holders may be richly rewarded. Any such devious scheme of deception must initially catch the imagination of the gullible. With this end in view it is possible that money will be pumped in at the initial stages to induce the gullible to purchase the idea. The mere fact that no specific individual unit holder has raised any complaint yet, even if the same were to be accepted as true, cannot in any way affect the allegation of cheating when the cheating is directed against a large section of humanity though not specifically ascertained and though none of them has come forward yet to make a specific complaint."