這是個詐騙充斥的時代,「詐騙集團」大概是獲利最高的組織了。甚至有許多社經地位高的人,卻也成了「詐騙集團」的受害者。美國最有名的莫多夫詐騙案就是一例,受騙上當的都是一些社經地位高,而且傭有豐富投資金融知識與經驗的人士,甚至是世界數一數二的大銀行基金經理人。
這一篇刊載於經濟學人的報導值得一讀。
Affinity fraud
WITH a nudge from their pastor, the 25,000 members of the New Birth
Missionary Baptist Church near Atlanta opened their hearts, and their
wallets, to Ephren Taylor. And why not, given his glittering
credentials? Mr Taylor billed himself as the youngest black chief
executive of a publicly traded company in American history. He had
appeared on NPR and CNN. He had given a talk on socially conscious
investing at the Democratic National Convention. Snoop Dogg, a rapper,
had tapped him to manage a charitable endowment.
So when Mr Taylor’s “Wealth Tour Live” seminars came to town,
faithful ears opened wide. Eddie Long, the mega-church’s leader,
introduced Mr Taylor at one event with the words: “[God] wants you to be
a mover and shaker…to finance you well to do His will.” Mr Taylor
offered “low-risk investment with high performances”, chosen with
guidance from God.
Divine inspiration, alas, has given way to legal tribulation. For
many investors, the 20% guaranteed returns proved illusory. Mr Taylor
(whereabouts unknown) stands accused of fraud in a number of lawsuits.
Bishop Long, a co-defendant, has urged Mr Taylor to “do the right thing”
and cover any losses. The charges are not the first blot on the
minister’s reputation: last year he settled for an estimated $15m-25m
claims that he had coerced young men into oral sex.
An essential element of Mr Taylor’s approach was to make those he
targeted want to invest in him personally, says Cathy Lerman, a lawyer
representing some of the victims. “He was a master of creating a
marketing presence. He would say: ‘If you want to check me out, just
Google me.’” He had no problem convincing them that he was an ordained
minister, even though he had no formal seminary training, according to
court documents.
ordain vt. 注定,規定,任命 vi. 頒布命令
It will take time to gauge the full extent of the losses, not least
because it will require untangling a web of companies, some of them
shells. Victims, many of whom entrusted their life savings to Mr Taylor,
are still coming forward. Some call him “the black Bernie Madoff”.
Let us prey
Mr Madoff, whose victims lost perhaps $20 billion, perpetrated the
largest “affinity fraud” ever. The term refers to scams in which the
perpetrator uses personal contacts to swindle a specific group, such as a
church congregation, a rotary club, a professional circle or an ethnic
community. Once the scammer gains their trust, his scam spreads like
smallpox. Most affinity frauds are Ponzi schemes, in which money from
new investors is used to repay old ones, or is siphoned off by the
promoters.
swindle n. 騙取,欺詐,騙局 vt, vi. 騙取,詐取
The Madoff fraud fed on multiple affinity circles: wealthy Jews in
Florida and Israel, country-club types and European old money, lured
with help from marketers running “feeder” funds. The next-largest
alleged investment fraud of recent years, the $7 billion collapse of
Allen Stanford’s empire, also concerned specific groups, including the
Latin American and Libyan diasporas and Southern Baptists. Mr Stanford’s
trial began on January 23rd. He denies wrongdoing.
Beneath the mega-scams swirls a mass of smaller cons, spanning the
world. Any close-knit community can be a target. Last August a South
Korean pastor was indicted for misappropriating 2.4 billion Korean won
($2.3m) that the faithful had handed over to set up a Christian bank. In
Britain, Kevin Foster’s KF Concept targeted the former coal-mining
towns of South Wales, bilking more than 8,000 victims with the help of
glitzy roadshows.
The problem is a global one but best-documented in America. Besides
the Madoff saga, Marquet International, a consultancy, has identified
more than 300 sizeable Ponzi schemes from the past ten years, with
combined losses for investors of $23 billion. It estimates that up to
half of those were affinity-based. No one has a reliable number for
smaller frauds over the same period, but guesses range from $5 billion
to $20 billion. In all, affinity-fraud losses in America could be as
much as $50 billion.
The FBI is probing some 1,000 cases of investment fraud, more than
double the number outstanding in 2008. Six state securities
commissioners contacted by The Economist all say the problem is growing.
The increase is partly a result of better detection, post-Madoff. The
SEC filed more than twice as many Ponzi cases in 2010 as in 2008. The
number of Ponzis exposed each month began to climb just as the financial
crisis struck in 2007 (see chart). Frauds are more prone to collapse in
a weak economy as investors try to pull money out to cover shortfalls
elsewhere.
Bad times also make get-rich-quick schemes more tempting. Desperation
breeds gullibility. The median annual return offered by scammers in the
Marquet study was 38%. In a case in Montana, victims were promised 800%
back in a week.
Mistrust of mainstream finance helps the scammers. The big guys on
Wall Street have shown they can’t be trusted, they say; better to go
with someone you know. This was part of Mr Taylor’s pitch in Georgia.
Brent Baker, a former SEC lawyer who now works on affinity-fraud
cases, has seen ones involving “just about every type of community you
can think of”, including one where loyal listeners of a Persian-language
radio show were bilked by its presenter. But religious fraud is
particularly common, because people find it hard to imagine that the
pastor is a perp. Joseph Borg, Alabama’s securities commissioner,
reckons half of all affinity frauds in the American South are
faith-based.
The problem stretches across all types of belief, and ranges far
beyond the Bible Belt. In September, a 77-year-old man from Ohio was
indicted for allegedly defrauding 2,700 fellow Amish of $17m (though he
had somehow resisted the temptation to trade his horse and cart for a
Ferrari).
The hook of Mormon
The state thought to have the most affinity fraud per head is Utah,
where 60% of the population are Mormons. In 2010, regulators and the FBI
were investigating cases there with 4,400 victims and perhaps $1.4
billion (or $500 for every Utahn) in losses. The numbers have surely
climbed since, with the three largest cases alone involving combined
losses of up to $700m, says one investigator.
Mormons tend to be both trusting and welcoming of newcomers, says
Keith Woodwell, head of Utah’s Division of Securities. As soon as you
pull up to your new house, neighbours appear to help you unpack. A
scammer who gets his foot in the door can exploit this closeness.
LuElla Day, for example, lost $1.2m in a deal hatched by Daniel
Merriman, a fellow Mormon she had known for four years. “He’d spoken at
our meetings. When I sold my farm, he came and said the bishop had asked
him to help me invest the proceeds,” says the 81-year-old. He told her
the money would go into government debt. The transaction was done on a
handshake. Ms Day never got a penny back.
Credulousness is not confined to sweet old ladies. One of Ephren
Taylor’s victims was an electrical engineer with an MBA. A man in Utah
was taken for $50,000 by his next-door neighbour, who offered a chance
to invest in a new type of ice machine. Nothing remarkable there, except
that the victim was a retired federal agent who had worked on
white-collar fraud cases.
credulous adj. 輕信的,易被瞞的,易受騙的
Why do such people let their guard down? “Everyone is looking for a
shorthand way to judge character, and affinity settings offer that, at
least in theory,” says Jeff Robinson, head of the Utah County Attorney’s
investigations bureau. Tribal ties foster trust, which is usually a
good thing (see article). But it can be abused.
Another factor is the rise of “prosperity theology”, or the belief
that God wants Christians to be rich as well as good. This idea has
taken root fastest in black and Hispanic churches. The problem is that
it puts pressure on congregations to invest successfully, which makes
them more vulnerable, says Ole Anthony of the Trinity Foundation, which
investigates church fraud.
theology 神學
Social media make affinity fraud quicker. Bonds that used to take
years to establish can be forged in days on Facebook or Twitter.
Fraudsters read potential victims’ online profiles, and use the
information they glean to refine their pitches. In a recent case, the
SEC won a restraining order against a scam targeting users of chat sites
popular with the deaf.
glean vt, vi. 拾落穗,收集
At a federal level, the American government’s response has been
inadequate. The SEC has launched some high-profile cases, but done
little to educate investors. The agency “has chosen to stick some
ambulances at the bottom of the cliff rather than build fences at the
top,” as one former employee puts it.
American states have tried harder. Pennsylvania, for example, holds
hundreds of meetings a year to teach investors how to be more careful.
Utah ran a billboard campaign showing a series of respectable-looking
types saying: “I’m your friend. I’m your neighbour. I’m a con man.”
People should “be trusting but verify”, says Gary Herbert, Utah’s
governor.
A new law in Utah increased penalties for fraudsters who abuse a
relationship of trust. Another pays whistle-blowers up to 30% of
recoveries. (The SEC operates a similar scheme, but only for cases
larger than $1m.) Both bills were sponsored by Ben McAdams, a state
senator who returned to his native Utah from New York to help ensure
that “as much energy went into shrinking the fraud economy as growing
the ski economy.” In Utah, suspected fraudsters’ property can be seized
before charges are brought, if there is “probable cause” that a crime
was committed.
Other ideas are percolating. Sean Reyes, a lawyer who is running for
state attorney-general, supports the creation of a “fraudsters
registry”, similar to the one for sex offenders. “It’s amazing how many
are repeat offenders,” he says. He also wants to explore the idea of
reducing sentences for scammers who lead investigators to assets they
have salted away. Most victims see a few pennies on the dollar returned,
if that.
Investigators face strong headwinds. One is that victims are often
reluctant to come forward. Some cannot admit to themselves what they
have lost. Others don’t want their families to know: older victims often
fear being deemed unable to manage their lives and shoved in a home. In
religious cases, there is often an unwritten rule that what happens in
church stays there, with disputes handled by the church elders or the
minister. Many frauds are dauntingly complex. One Ponzi, at the Baptist
Foundation of Arizona, used 120 shell firms to extract $590m from
members.
There is only so much governments can do to protect people from their
own credulity. Mr Baker thinks that private groups are better-placed to
build those fences on the cliff top. He has set up a “Fraud College” in
Utah (and on the web) with help from Mr Reyes. This self-styled
“neighbourhood watch” for fraud offers online advice and holds events to
raise awareness. The next conference, on February 15th, will hear from
state and federal fraudbusters, victims and, in a first, a senior figure
from the Mormon church. Amen to that.
the story was taken from the website of The Economist at http://www.economist.com/node/21543526, copyright remains with The Economist.