Muutke küpsiste eelistusi

Ponzi Scheme Puzzle: A History and Analysis of Con Artists and Victims [Kõva köide]

(Professor of Law, Boston University School of Law)
  • Formaat: Hardback, 256 pages, kõrgus x laius x paksus: 147x213x25 mm, kaal: 377 g
  • Ilmumisaeg: 23-Aug-2012
  • Kirjastus: Oxford University Press Inc
  • ISBN-10: 0199926611
  • ISBN-13: 9780199926619
Teised raamatud teemal:
  • Formaat: Hardback, 256 pages, kõrgus x laius x paksus: 147x213x25 mm, kaal: 377 g
  • Ilmumisaeg: 23-Aug-2012
  • Kirjastus: Oxford University Press Inc
  • ISBN-10: 0199926611
  • ISBN-13: 9780199926619
Teised raamatud teemal:
In a Ponzi scheme, new investments are used to pay existing investors, to cover the cost of salespersons, and to finance the Ponzi schemer's satisfying lifestyle. Although Charles Ponzi recruited investors in Boston in 1919 and died in 1949, his design and mode of operation are alive and well today. Indeed, losses from Ponzi schemes in the United States are equal to losses from shoplifting. Ponzi schemes catch in their net highly sophisticated individuals and institutions as well as low-income and middle-income investors, and these schemes have attracted investors all over the world, in Russia, England, India, Albania, Romania, Portugal, Costa Rica, and elsewhere. Looking into the innumerable cases of Ponzi schemes throughout the years, Tamar Frankel observes that even though patterns began to emerge in the stories of con artists and their victims' behavior, the main puzzles still remain: How do con artists dazzle and lure wealthy and educated individuals and representatives of large institutions to hand over huge sums of money? How do con artists divert investors' attention from the soft spots of their stories? And while there are so many books and articles about Ponzi schemes, their warnings and constant advice on how to detect and avoid con artists go unheeded. In The Ponzi Scheme Puzzle, Frankel explores con artists' fascinating power of persuasion and deception, and analyzes their subtle signals that mimic truth and honesty. She identifies the reasons for the local and global success and longevity of such schemes and seeks to understand the nature of the con artists and their victims. She combines the many stories of Ponzi schemes, derived mostly from court cases and newspaper articles, to show the patterns of such frauds, the nature of the con artists, and character of their victims. These patterns tell us much about human nature, about our society, and about ourselves. The book first analyzes the design and pattern of the con artists' attractive offers and how they hide deceptions, then deals with the ways in which schemes are advertised and sold. Next, it focuses on the core of con artists' success, then discusses the characters of con artists and their victims. Finally, Frankel offers a number of observations on the lessons we can learn from these stories and analyses. She concludes that our attitude to con artists is ambivalent and uncertain perhaps because their behavior is so close to the behavior of honest people; or perhaps because they act like the social leaders with whom they are likely to mingle, or perhaps their actions are necessary to shake up a complacent society. Therefore, she writes, self-protection from charming, dangerous con artists must involve self-examination: once we recognize our own tendencies we can better protect ourselves from their toxic attraction.

Arvustused

A financial thriller, a masterly page-turning inquiry into tragi-comic gullibility and greed, of Ponzi victims and perpetrators alike. The belief in market rationality (another confidence trick?) and the rocketing returns of finance, induced clever people to forget that there was no free lunch. * Avner Offer, Chichele Professor Emeritus of Economic History, University of Oxford *

Preface xv
Acknowledgments xvii
Introduction 3(12)
1 Con Artists At Work
15(42)
A Three Stories of Ponzi Schemers
15(7)
1 Charles Ponzi
15(3)
2 Bernard Madoff
18(2)
3 Gregory Bell
20(2)
B The Basic Design
22(7)
1 Drawing Attention to the Offer
22(1)
a High Returns at No Risk
22(3)
b Stories to Satisfy Investors' Curiosity
25(3)
c Con Artists' Stories Are Exceptional and Creative
28(1)
C Gaining Trust and Concealing the Truth
29(12)
1 Words Can Be Used to Signal Trust
29(1)
a Words Can Denote Trustworthiness
29(3)
b Signals to Raise Trustworthiness
32(2)
c It Depends on How You Say False Things: Specific Promises with Vague Roles
34(1)
d How a Story Is Told Can Signal Truthfulness
35(1)
e Refusing to Provide the Details of a Scheme Need Not Undermine Trust
36(2)
2 Familiar Transaction Businesses and Forms Seem to Make Verification Superfluous
38(1)
3 Hiding Fraud by Actions: Prompt Payments That Spell Trustworthiness, Low Risk, and Much More
39(2)
D Hiding the Vulnerable Part of the Story: Secrecy and Costly Verification
41(11)
1 Concealing the True Nature of the Ponzi Business
41(1)
2 Use of Justified Secrecy
42(2)
3 Stories That Are Costly to Verify
44(4)
4 Details That Hide the Truth by Drowning It
48(1)
a Details Can Hide the Truth
48(1)
b Complexity Helps Hide the Truth as Well
49(3)
E Con Artists' Deceptive Friendship and Seeming Vulnerability by Age and Naivety
52(5)
1 Deceptive Friendship and Love
52(3)
2 Deceptive Weakness of Age and Seeming Naivety
55(1)
a Old Age Can Deceive
55(1)
b Naivety Can Deceive
56(1)
2 Selling The Stories
57(28)
A Advertising
57(6)
1 The Importance of Advertising
57(1)
2 Where to Operate and How to Build a Reputation
58(1)
3 Showing Generosity
59(2)
4 Entertaining
61(1)
5 Attracting Attention by Engaging in Attention-Drawing Conflicts
62(1)
B Recruiting Helpers
63(4)
1 Cooperation, Competition, and Congregation Among Con Artists
63(2)
2 Birds of a Feather Flock Together
65(2)
C How Do Con Artists Approach Their Victims?
67(12)
1 From Family and Friends to Institutions and Affinity Groups
67(1)
a Introduction
67(3)
b Ethnic and Religious Affinity Groups
70(4)
c Religious Institutions
74(1)
d Hybrid Institutions and Overtones
75(2)
2 Technology Has a Growing Impact on the Growth of Ponzi Schemes
77(2)
D The Sales Force
79(6)
1 Collecting and Distributing Information
79(1)
2 Paid Sales Force
80(2)
3 A Pure Sales Structure: Pyramid Schemes
82(3)
3 Con Artists' Behavior Seems a "Normal Usual Behavior"
85(25)
A Humans Have a Natural Ability to Pretend, Lie, and Influence Others
85(25)
1 Humans---and Even Primates---Have the Innate Ability to Lie Convincingly
86(1)
2 Signs of Misleading Signals
87(2)
3 Legitimate Lying
89(2)
4 Exploiting the Weakness of the Social System
91(1)
5 The Slippery Slope: From Honesty to Fraud
92(5)
6 Ponzi Scheme "Businesses" Mirror Respectability
97(1)
a Legitimate Businesses: Banking and Financial Institutions
97(1)
b Stock Market Trading: Following the Trends
98(1)
c Salespersons and Traders
99(2)
d Entrepreneurs
101(2)
e Con Artists Are Believable: They Believe in Their Activities and View Them as Businesses
103(3)
f Longevity of the Businesses Breeds Respectability
106(4)
4 A Profile of The Con Artists and Their Victims
110(50)
A The Dark Side of Con Artists (and Some of Their Investors)
111(22)
1 Con Artists Are Different from Most People
111(3)
2 On Very Rare Occasions a Con Artist Might Resort to Murder
114(2)
3 On Very Rare Occasions a Group of Con Artists Can Be Deadly as Well
116(1)
4 Con Artists Lack Empathy
117(1)
a What Does Empathy Mean?
117(1)
b Lacking Empathy Can Bring Repeat Frauds
118(2)
c Lacking Empathy Can Render Con Artists Effective
120(1)
5 How Do Con Artists Present Themselves?
121(1)
a Protecting the Weak Ego: We Are Special!
121(4)
6 Con Artists' Mechanisms of Ego Protection and Justification
125(1)
a Denial
125(2)
b Blaming the Government
127(1)
c Blaming the Laws
128(1)
d Blaming the Victims
129(2)
e Blaming Others, but Avoiding a Show of Weakness
131(1)
f Our Actions Are Justified as Protection Against Others Who Are Fraudsters
131(1)
g Our Good Works Testify to the Legitimacy of Our Actions
132(1)
B The Profile of the Victims: What Kind of People Are the Sophisticated Victims? What Makes Some More Vulnerable to Ponzi Schemes Than Others?
133(18)
1 The Dark Side of Some Investors: Lacking Empathy Toward Other Investors and Shared Greed
133(1)
2 Investors in Ponzi Schemes Who Suspect or Know the Nature of the "Investment" Yet Invest
134(1)
3 The Element of Greed
135(1)
4 What Drives the Victims?
136(2)
a Gullibility
138(2)
b Tolerance to the Risk of Being Caught for Illegal Activities
140(1)
c An Optimistic Nature and Outlook on Life Affects Risk Tolerance
141(1)
d Social Status
142(1)
e The Role of Education in Risk Tolerance Is Unclear
143(2)
f A Reminder of the Stories in
Chapter 1: The Ways Con Artists Make Their Offers
145(1)
g How Do Sophisticated Victims of Ponzi Schemes View Themselves?
146(2)
5 How Do Some Victims React to the Discovery of Con Artists by the Government?
148(1)
a The Victims' Attitude Toward the Government
148(2)
b The Nature of a Ponzi Scheme Justifies This View of Some Investors
150(1)
C The Issue of Addiction
151(9)
1 What Is Addiction?
151(2)
2 What Causes an Insatiable Craving for More and Loss of Self-Control?
153(2)
3 What Are Con Artists (and Perhaps Their Victims) Usually Addicted To?
155(1)
4 Con Artists Are Repeat Offenders
156(4)
5 How Does the Public View the Con Artists and the Victims?
160(16)
A America Is Ambivalent About Its Con Artists
160(7)
1 Con Artists Who Defrauded Small Investors Are Viewed Somewhat Differently
162(1)
2 When Con Artists Mimic the Wealthy Power Elite, They Live Like the Wealthy Power Elite
163(1)
3 The "Barren and Destructive Creators": The Benefits of Creative Harm
164(1)
4 Con Artists Can Be Corrupting Teachers
165(2)
B How Does the Public View the Victims?
167(3)
1 With Few Exceptions, People View the Victims of Con Artists Differently Than They View the Victims of Violent Crimes
167(1)
2 A Related Reason for Condemning the Victims Is That They Did Not Do Their Homework
168(2)
C Is There Protection Available for Sophisticated Potential Victims?
170(6)
1 Red Flag: A Very High Return at Low Risk
171(1)
2 Red Flag: The Mystery Source of the Higher Returns
172(1)
3 Red Flag: Continuous Offerings of Obligations
172(1)
4 Red Flag: Con Artists' Activities Outside the Legal Protections
173(1)
5 Other Red Flag Signals
173(1)
6 Separating Business, Emotion, and Faith
174(1)
7 Advice to Investors as Protection Against Affinity Scams Is Similar
174(2)
6 The Legal Aftermath
176(12)
A Collecting the Assets and Mediating Among the Victims
176(1)
B The Issues
177(1)
C Who Collects the Remaining Assets?
177(1)
D Who, Among the "Helpers" of Con Artists, Must Pay?
178(3)
1 Who Helps the Con Artists?
178(1)
2 What About Suspecting Helpers?
179(2)
E How to Divide the Remaining Assets?
181(7)
Epilogue 188(5)
Notes 193(34)
Index 227
Tamar Frankel is Professor of Law at Boston University School of Law. She is the author of Trust and Honesty: America's Business Culture at a Crossroad (PB: OUP, 2008, $24.95, 300 LTD; HC: OUP, 2005, $40.00, 1,652 LTD) and Fiduciary Law (HC: OUP, 2010, $75.00, 473 LTD)