Charitable legacy challenges – preventing successful claims when wills include charitable bequests
Ponzi schemes and boiler room frauds are presented as ways to get-rich-quick. How can you identify whether you have been a victim of these frauds and what civil actions could be taken going forward?
A Ponzi scheme works by operators paying investors monies which have been paid into the scheme by new investors. They are also known as pyramid schemes as the new investors form blocks supporting and providing capital for payment to the older investors above. The scam gains legitimacy and momentum as the operation initially yields tangible results for the investors and they recommend the scheme to others. The operators, who have been systematically pocketing a proportion of the capital, will eventually disappear with all the funds at which time the pyramid collapses.
Boiler room frauds
In boiler room frauds, brokers cold call or email unsuspecting victims promising high returns on shares in which they want the victims to invest but which are actually worthless, overpriced or non-existent. The brokers may attempt to make the investment seem credible by confiding in the victim that they have insider information. The brokers will involve as many victims as possible in the scam and then perform a vanishing act with the investments.
What do these schemes have in common?
The investments may take various forms and guises, from foreign currency to green energy investment. The scams will shed their skin and be reinvented to deceive unsuspecting victims. The scams may form part of a complex lattice, whereby the victim may attend meetings with investment managers, may be provided with advice from a supposed solicitor prior to making an investment, may receive share certificates confirming an allotment of shares or may be sent glossy magazines with a regular update on their investment.
Victims are cherry-picked. For boiler room frauds, fraudsters may target people whose details are taken from shareholder lists and so are classed as open to making investments. Before the snowball effect takes place, Ponzi schemes often commence with the most trusting and vulnerable, who are motivated to invest in a good cause, such as renewable energy.
Alarm bells should ring if extraordinary returns are guaranteed on a fail-safe investment, at the click of your fingers or on a fixed basis. If the odds that Colombia will win the World Cup are 20:1, then winnings may be high, but extraordinary returns cannot flow from ‘foolproof’ investments. Think twice if an incredulous ‘investment manager’ pitches a once in a life-time opportunity to you, glazing over the detail and driving home the line “Act now or lose out”.
What civil actions are available?
A person who suffers loss as a result of acting in reliance upon a false statement can seek to recover damages in an action for deceit, where a statement is made:
Or a claim can be brought for misrepresentation where the victim must prove that a material representation was made by the other party to the contract, that in reliance upon that representation the victim entered into the contract and that the representation was untrue.
The appropriate cause of action will, of course, depend on the facts of the matter.
Why take civil rather than criminal action?
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