Sunday Times

Carmol prepares for court action after allegation­s of Ponzi scheme

- MALCOLM REES

CARMOL Distributo­rs, the company running an alleged R450millio­n Ponzi scheme, has instructed its legal team to pursue “an action for damages” against embattled Innovatech director Prinasen Dhaver.

This follows a Business Times investigat­ion in which Dhaver provided evidence that Innovatech had secured returns for its investors of up to 8% a month through investment­s it made in Carmol.

Innovatech’s “profit-share” agreements with investors caught the eye of the Reserve Bank, which expressed concern about the business operating in contravent­ion of the Banks Act. Dhaver was arrested last month by the commercial-crimes division of the Hawks and released on R100 000 bail.

As Innovatech’s profit-share agreements were based on the agreements made with investors of the apparently much larger Carmol, “if [Inno- vatech] is contraveni­ng the Banks Act, [Carmol] is contraveni­ng the act,” Dhaver alleged.

Carmol CEO Yunus Moolla said in a letter to its investors: “Mr Dhaver has made various media statements which were intended to hurt Carmol.

“Carmol has instructed

its legal team to pursue an action for damages against Prinasen Dhaver and/or Innovatech to maintain its integrity and good name”.

However, Moolla’s letter makes no attempt to respond to a much deeper Business Times investigat­ion, which revealed that Carmol was operating an apparent Ponzi scheme.

Business Times revealed that the spectacula­r 96% annual returns offered by Carmol to the public contravene­d the Consumer Protection Act and defined it as a money-multiplica­tion scheme.

This is the South African legal definition for schemes commonly known as Ponzi schemes.

Business Times also revealed that Carmol, which allegedly has more than 2 000 investors, appeared to be contraveni­ng the Banks Act by taking deposits without a banking licence.

In response to questions, Moolla’s assistant, Duran Govender, at first indicated that Moolla was on religious holiday and then, a week later, that he was “extremely busy” attending to a family emergency and was thus unable to answer.

On Friday, Moolla replied to questions on his letter, saying: “You have printed what you wanted to print, I am out of my office, call me on Monday.”

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