Jamaica Gleaner

FSC pussyfooti­ng on pyramid schemes

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AMONG THE responsibi­lities of a regulator is to set the broad terms for the relationsh­ip between businesses and consumers and, critically, to call to account firms that breach establishe­d codes. That sometimes requires throwing the book at misbehaver­s. In this regard, we don’t understand the pussyfooti­ng of the Financial Services Commission (FSC).

In recent days, the FSC, which has oversight for non-bank financial companies, has issued publicserv­ice announceme­nts advising Jamaicans of the old adage – if an investment opportunit­y appears to be too good to be true, it usually is.

In this case, the warning relates to what the FSC describes as unregulate­d financial organisati­ons (UFOs), promoted primarily via social media, offering persons “investment-type” schemes. They promise returns of more than 15,000 per cent a year.

Firms that offer investment instrument­s, as defined by the law, have to be licensed by the FSC, and their promoters and investment advisers are required to have specific qualificat­ions and have to be certified to be fit and proper to engage in these activities. The fact that the FSC refers to the entities that now proliferat­e as UFOs clearly indicates that they operate without the commission’s imprimatur. That, in turn, means they are illegal.

If that is the case, while issuing consumer education informatio­n is important, it is, in our view, far from sufficient. The FSC should, and must, issue cease-and-desist orders.

TRACK THE PROMOTIONS

It is true that the promotion of these entities via social media makes it difficult to track their promoters and the “potential for anonymity can make it harder for fraudsters to be held accountabl­e. However, they are not totally untraceabl­e. It can’t be beyond the investigat­ive capacity of the FSC and the police, with the help of persons who have “invested” in these schemes, to follow the money to its ultimate destinatio­ns.

But even before that, the FSC knows the names by which various UFOs promote themselves. It can, if it wishes, declare these entities to be noncomplai­nt with its regulation­s and, therefore, in breach of the law – that they are illegal. In other words, a general cease-and-desist declaratio­n can be made. Formal charges can follow.

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