The Freeman

Beware of the Ponzi scam

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Recently a group of people went to different media outlets to report their unpleasant experience­s. These people came from all walks of life and middle-class families. They are regular employees in government and private companies, businessme­n, well-off individual­s, and ordinary students.

They all have something in common they put up some money expecting a considerab­le return but didn't materializ­e as promised. They were victims of an investment fraud called a Ponzi scheme commonly known over centuries as the "Rob Peter to Pay Paul" scheme.

According to Investor.gov an official website of the United States government, a Ponzi scheme is an investment fraud that pays existing investors with funds collected from new investors. The organizer often promises to invest your money and generate high returns with little or no risk. But in many Ponzi schemes, the fraudsters do not invest the money. Instead, they use it to pay those who invested earlier and may keep some for themselves.

With little or no legitimate earnings, Ponzi schemes require a constant flow of new money to survive. When it becomes hard to recruit new investors or large numbers of existing investors cash out, these schemes tend to collapse.

Ponzi schemes are named after Charles Ponzi, an Italian swindler and con artist who operated in the US and Canada, and duped investors in the 1920s with a postage stamp speculatio­n scheme.

The Ponzi scheme is characteri­zed by unregister­ed investment­s, complex and secretive deals, unregister­ed sellers, no paperwork transactio­ns, and high returns with no or little risk.

On May 6, 2022, former President Rodrigo Duterte signed into law heavy penalties against investment fraud. The new penalties are provided under Republic Act No. 11765, or the Financial Products and Services Consumer Protection Act.

Under the law, investment fraud covers Ponzi schemes and other schemes involving the promise or offer of profits or returns sourced from the investment­s or contributi­ons.

The new law stipulates that any person found guilty of committing investment fraud will face a jail time of one to five years or face a ₱50,000 to P2 million fine or both.

In December 2023, the RTC of Butuan City convicted the mastermind­s behind the Kapa Community Ministry Internatio­nal Inc. namely: Pastor Joel Apolinario, Cristobal Baradad, and Joji Jusay guilty beyond reasonable doubt of eight counts of syndicated estafa to life imprisonme­nt.

Kapa was one of the biggest financial investment fraud scandals in Philippine history. An estimated five million people were duped by the religious company, which promised a 30% monthly return on investment­s for life.

If you have fallen victim to a scam, here’s something you should do:

For suspicious investment schemes, you may contact the Enforcemen­t and Investor Protection Department of the SEC through e-mail at epd@ sec.gov.ph or through landline at (02) 8818-6337.

For malicious messages, lodge reports to the NBI Anti-Fraud Division at (02) 8525-4093 or e-mail at afad@nbi.gov.ph. You may also send a message through the NBI's website at www.nbi. gov.ph or their official Facebook account. You may also report these incidents to the PNP Anti-Crime Group (PNP-ACG) through www.pnpacg.ph or hotline number at (02) 8723-0401 local 5313.

Renester P. Suralta

Cebu City

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