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There seems to be a deliberate pattern emerging in the approach being taken by the Frankel Investment Scheme suspects to the unfolding story of what appears to be South Africa’s largest Ponzi scheme.

It appears to be to a deny everything strategy that puts the onus on investors (or victims) to prove their claims and attributes the meltdown to the global financial crisis.

A crock of crap if ever I’ve heard it.

If there is no basis to the claims that Tannenbaum, Reese and Leigh, among others, were running a Ponzi scheme, then in light of the enormous losses suffered by investors, they should be willing to submit themselves for questioning both by the police and civil inquiries.

Bare denials and jumping on to those issues which they can deny with a clear conscience does not detract from the fact that investors are confirming that they were being promised enormous returns based upon representations which are purportedly fraudulent. A good example of this is Tannenbaum vehemently denying that anyone can prove that he spirited his assets away from South Africa. That is not the question that needs answering. Many businessmen have ways of moving money around below the radar and that is easy to deny.

If he and his fellow suspects are genuinely “victims” then it is up to them to demonstrate to creditors why this meltdown occurred. There is certainly enough documentation coming to light to present a powerful prima facie case for wrongdoing.

What is annoying is that Tannenbaum claims that he is in Australia and won’t be moving around. As a result of this scheme, many victims’s savings have been wiped out. Surely if he is innocent he realises that a disaster of this scale requires his presence in South Africa for at least a month or two.

I have run many liquidation inquires as well as trials defending parties who were charged with fraud. As such, I would love him to take me through the documentation, including the purchase orders, the book debt and other securities.

He can map out how they proposed to pay the returns to investors by submitting all financials, including bank accounts, into which the investor’s money was paid, as well as the orders to acquire and sell the pharmaceuticals. This is supposedly where they would make all the money required to pay investors rather than, say, gaining new investors whose money was paid to cover old investors.

Once we are through that part, Tannenbaum can — using the documents — demonstrate how the global economic crisis had any effect on this scheme.

In all of these schemes, the trick is to follow the money and I’m sure that this road map will prove to be a real eye opener.

Of course, if the parties alleged to be responsible for a Ponzi scheme simply feel the onus is on creditors to prove everything, then the sooner dockets are opened the sooner the matter can proceed.

With the number of lives that have been ruined by this debacle, the state needs to be seen to be proactive.




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19 Responses to “How to unravel a Ponzi scheme: Follow the money”

That’s the beauty of “DEREGULATION & FREE MARKET”.

“In a “capitalist state”, private rights and property relations are protected by the rule of law of a limited regulatory framework.

“Pure capitalism” signifies minimizing or eliminating state interference in economic affairs and the competitive process, allowing the free play of “supply and demand”.”

Now reap those rewards, but please don’t come & whine to us that you’ve ripped by the ’system’ that you’ve once felt so proud to clamour about.

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Siphiwo Siphiwo on June 14th, 2009 at 1:04 pm

Hmm. “With the number of lives that have been ruined by this debacle, the state needs to be seen to be proactive.”
This scheme ripped off multimillionaires who were out to make returns way above the going rate. They weren’t exactly poor widows and orphans trusting a public facility with their life savings. And like any ponzi scheme, the first in did VERY well thank you. Doubtless - because there is one law for the rich and another for the poor, they’ll prosecute these guys (not of course the first in, who will be laughing, unless they re-invested.) Those able to invest 100 million should be smart enough to know anything offering those returns is crooked - which obviously didn’t put them off. My sympathy is barely tepid. Of course there might be some lawyers who invested entrusted funds needing to do some ‘please explain’, but I don’t have a lot sympathy there either.

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Dave F on June 14th, 2009 at 1:26 pm

“Follow the money”..it should indeed be that simple! However, as you state, “Many businessmen have ways of moving money around below the radar and that is easy to deny”.

Could there be a joint effort to move “money” that was not money in the first place (such as melted down shares in melted down companies) and move this “under the radar” to create a precious discount on taxable assets.

If indeed real money -as in Rands and cents- were transferred then a controllable trail should be in place under the existing legislation. One should be able to trace where the “real money” has gone. Any simple bookkeeper could work that out if given the “books”.

Reluctance of the victims to order an investigation makes them suspect. One does not loose a total of ten billion without a protest.

I do hope that SARS will step in but with Pravin gone, they might have lost their teeth.

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Benzol on June 14th, 2009 at 6:40 pm

We went to the state for help with Gordon, Bloom and Samuels in 2000 - charges were laid - nothing was done and nothing will be done here! Its unfortunate that these thieves get away scott free!

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dean on June 14th, 2009 at 10:19 pm

“With the number of lives that have been ruined by this debacle, the state needs to be seen to be proactive.”
Dream on, they have too many of their “own” selling out the nation’s tax revenue - for their personal offshore banks.

Billionaires wanted to get rich - there is a premptor caveat “Buyer Beware.”
Can they prove Fraud ? Did they accept the “guarantee?”
I am unable to find pity for these greedy people - my anger is for my countrymen !
Enriched ANC Cadres steal from homeless, starving , masses who don’t understand or have heard the phrase.
They trust “their” liberators. Buy the guarantee with their vote to empower the thieves.

“potential direction of the MKMVA, military analyst Romer Heitman said this week:
“If you’re living next door to Zimbabwe and you know what the Zanu-PF veterans have been doing there, you have reason to be worried.” I was months ago !
ANC Rallies made me sit up straight when I saw MKVA smartly out of step, on parade.
They “should be used” to tutor the youth.
Wake up Citizens !
Mugabe showed Zuma and his power behind his throne, how to intimidate a nation with orders to “kill resistance.”

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Old, female, paleface on June 15th, 2009 at 8:21 am

I personally dont have a tear to shed for the stupid educated millionair invenstors or victims of this pyramid scheme.

All of them belong the group of South Africans who are searching for strategies to undermine the laws of this land, in this case, they wanted to be stinking rich without the suspecting eye of the GOVT, they wanted to be rich at all costs including contravention of tax laws. its a case of “we can do as we please because we are economically running the country, the GOVT is a minute player who must be silently sabotaged”

So I dont care a cent, its cooked their meat!! let them enjoy it (liars)

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Mafuyane on June 15th, 2009 at 12:32 pm

Soet Poppie commented on the latest M&G article that this isnt a Ponzi, but a scheme to get funds off shore avoiding exchange control for the “investors”. I wonder - how would okes like Sean Summners have been duped, or are the wealthy really that stupid?

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spoiler on June 15th, 2009 at 1:16 pm

Hopefully the investigation will also look at whether or not some of the “investors” recognised an opportunity to circumvent exchange control using transfer pricing related to the chemical imports.

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anton kleinschmidt on June 15th, 2009 at 4:14 pm

The victims are not only “millionaires” and unfortunately, these kinds of swindlers are common in South Africa. Laws are simply not enforced. The idea of pursuing these crooks through the legal system is laughable, nothing happens and the crooks know this. South Africa still remains a lawless society. I know of this first hand. A real estate scam, Modemo Metsi (http://www.newsprop.co.za/pdfs/Modemo.pdf). The victims are not rich, they are now destitute and there appears to be no justice in South Africa.

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Richard on June 15th, 2009 at 5:54 pm

1] Notice sara was quicke to climb on the bandwagon.
2] So much for for the FICA act. Yet to catch a real criminal.

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Hugh Robinson on June 15th, 2009 at 8:17 pm

sorry that should have been SARS

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Hugh Robinson on June 15th, 2009 at 8:17 pm

One word: GREED! Sorry guys, no sympathy from me. Remember the old ditum: Caveat Emptor! Let the buyer beware.

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the critter on June 15th, 2009 at 8:55 pm

Ponzi Investment Scheme: an investment scheme that amounts to an expanding game of musical chairs, in which one must buy a chair for someone else in order to join the game, the price of a chair is ever rising (so that eventually, it will be unaffordable), the last people to join the game never get a chair, the number of players always far exceeds the number chairs, and none of the players create anything of worth by way of participation.

Ponzi Schemes rely upon, among others, exponential growth; and they collapse, when they run out of investor resources.

This is inevitable, because their investor resource requirement relies on exponential growth (ever increasing number of investors); in an environment where such investors are finite.

They will reach thier finite termination point, quicker (Madoff/Tannenbaum) or slower (Social Security/Pension Plans/Life INsurance), depending on their promised rate of return on the ‘ponzi investment’; which determines the finite nature of their pool of ‘investor resource’.

For example: large return, riskier greedier investors, with larger investment amounts; therefore a finite pool of less millionaire investors.

Social Security’s ‘investor pool reaches its limit, when ecological carrying capacity reaches its limit (about now, or very soon, if not already).

As for the financial crisis, that is a result of end of cheap oil’s effect on fiat currency, fractional reserve debt based ‘economic growth’ banking…

But don’t expect any talking head to tell you this, in FT, or Maverick!!

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Lara Johnstone on June 15th, 2009 at 10:25 pm

I’m not sure that I agree with you that the state needs to get involved. These ínvestors’were for the most part rich, greedy and gullible. These were not little old ladies or pension funds doing the investments. These were already wealthy people who were blinded by their own greed. They knew it sounded too good to be true and they chose to ignore the obvious due dilligence questions that should have been asked. Why should the government get involved, other than through the normal criminal prosecution channels?

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Alan on June 16th, 2009 at 7:39 am

From what I’ve read in the press, all of these “losers” (in more ways than one!) were well heeled persons, who no doubt should know that there is no such thing as a quick buck. I fail to have sympathy for them, as the majority were all rich already, making a quick buck on system even I know is dubious - I mean 20-25% return after a month? What were they smoking?

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Michel on June 16th, 2009 at 10:34 am

I think Soet Poppie is on to something:
1. Whoops, sorry guys, I lost all your money;
2. Lots of crying and gnashing of teeth (wink, wink);
3. The heat dies down (no real efforts are made to prosecute);
4. A few key officials suddenly upgrade their cars and homes;
5. We meet again in Aussie and divide the spoils (or more subtle methods like the kids in Aussie get their bond paid off, buy a new business, etc);

What else explains people with R50m and R100m to play with getting duped so easily?

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pete ess on June 16th, 2009 at 7:17 pm

pete ess…well said. There MAY be people / “investors” who have benefitted from this (and could be prosecuted as a result) who:

1/ Made profits under the scheme and failed to inform SARS through the medium of their tax returns.
2 / Used the scheme to move large sums of money offshore using transfer pricing techniques and in doing so circumvented exhange control regulations.

If such “investors” exist then these are the people who will attract the real attention from the investigation team. This will also explain why the authorities are jumping around like scalded cats. This has the potential for significant immediate and long term losses to the fiscus because R15billion is serious money.

Think about this scheme in terms of the large amounts involved and then think about the tax implications and the loss of money flowing out of the country which will not generate taxable income for SA in future. There is a good reason why the ANC have retained the exchange control regulations which are a deplorable relic of the apartheid era.

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anton kleinschmidt on June 17th, 2009 at 3:39 pm

Mad(e)of(f) with the money!? Not me, says Mr T. Who then, begs the question… How can billions in actual cash simply disappear (we know how it happens with equities, but cash?). I guess it’s quite important to find out. The Soet Poppie scenario is worth checking out.

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chris2 on June 17th, 2009 at 5:36 pm

[…] Thought Leader » Michael Trapido » How to unravel a Ponzi scheme … […]

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Mike Trapido is editor of NewsTime

By trade a criminal attorney he is now a full time editor and journalist.

He was born in Johannesburg and attended HA Jack and Highlands North High Schools.

He married Robyn in 1984 (Mrs Traps, aka "the government") and has three sons (who all look suspiciously like her ex-boss).

He was a counsellor on the JCCI for a year around 1992.

His passions include Derby County, Blue Bulls, Orlando Pirates, Proteas and Springboks.

He takes Valium in order to cope with Bafana Bafana's results.

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