THE PONZI SCHEME PUZZLE This page intentionally left blank THE PONZI SCHEME PUZZLE A History and Analysis of Con Artists and Victims Tamar Frankel 1 Oxford University Press O xford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Th ailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016 © Oxford University Press 2012 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitt ed, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitt ed by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging-in-Publication Data Frankel, Tamar. Th e Ponzi scheme puzzle: a history and analysis of con artists and victims/Tamar Frankel. p. cm. Includes index. ISBN 978-0-19-992661-9 (cloth: alk. paper) 1. Swindlers and swindling. 2. Investment advisors—Corrupt practices. 3. Corruption—Prevention. 4. Self-consciousness (Awareness) I. Title. HV6691.F73 2012 364.16′3—dc23 2011051887 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid-free paper To my husband, Ray, and my children, Anat Bird and Michael Frankel This page intentionally left blank CONTENTS Preface xv Acknowledgments xvii Introduction 3 1. Con Artists At Work 15 A. Th ree Stories of Ponzi Schemers 15 1. Charles Ponzi 15 2. Bernard Madoff 18 3. Gregory Bell 20 B. Th e Basic Design 22 1. Drawing Att ention to the Off er 22 a. High Returns at No Risk 22 b. Stories to Satisfy Investors’ Curiosity 25 c. Con Artists’ Stories Are Exceptional and Creative 28 C. Gaining Trust and Concealing the Truth 29 1. Words Can Be Used to Signal Trust 29 a. Words Can Denote Trustworthiness 29 vii CONTENTS b. Signals to Raise Trustworthiness 32 c. It Depends on How You Say False Th ings: Specifi c Promises with Vague Roles 34 d. How a Story Is Told Can Signal Truthfulness 35 e. Refusing to Provide the Details of a Scheme Need Not Undermine Trust 36 2. Familiar Transaction Businesses and Forms Seem to Make Verifi cation Superfl uous 38 3 . H iding Fraud by Actions: Prompt Payments Th at Spell Trustworthiness, Low Risk, and Much More 39 D. Hiding the Vulnerable Part of the Story: Secrecy and Costly Verifi cation 41 1. Concealing the True Nature of the Ponzi Business 41 2. Use of Justifi ed Secrecy 42 3. Stories Th at Are Costly to Verify 44 4. Details Th at Hide the Truth by D rowning It 48 a. Details Can Hide the Truth 48 b. Complexity Helps Hide the Truth as Well 49 E. Con Artists’ Deceptive Friendship and Seeming Vulnerability by Age and Naïvety 52 1. Deceptive Friendship and Love 52 2. Deceptive Weakness of Age and Seeming Naïvety 55 a. Old Age Can Deceive 55 b. Naïvety Can Deceive 56 2. Selling Th e Stories 57 A. Advertising 57 1. Th e Importance of Advertising 57 viii CONTENTS 2. Where to Operate and How to Build a Reputation 58 3. Showing Generosity 59 4. Entertaining 61 5. Att racting Att ention by Engaging in Att ention-Drawing Confl icts 62 B. Recruiting Helpers 63 1. Cooperation, Competition, and Congregation Among Con Artists 63 2 . Birds of a Feather Flock Together 65 C. How Do Con Artists Approach Th eir Victims? 67 1. From Family and Friends to Institutions and Affi nity Groups 67 a. Introduction 67 b. Ethnic and Religious Affi nity Groups 70 c. Religious Institutions 74 d. Hybrid Institutions and Overtones 75 2 . T echnology Has a Growing Impact on the Growth of Ponzi Schemes 77 D. Th e Sales Force 79 1. Collecting and Distributing Information 79 2. Paid Sales Force 80 3. A Pure Sales Structure: Pyramid Schemes 82 3. Con Artists’ Behavior Seems a “Normal Usual Behavior” 8 5 A. Humans Have a Natural Ability to Pretend, Lie, and Infl uence Others 85 1. Humans—and Even Primates—Have the Innate Ability to Lie Convincingly 86 2 . Signs of Misleading Signals 87 ix