Is Herbalife a Pyramid/Ponzi scheme? 16

In theory, it should be easy for the Government or any investigative authority to demonstrate that Herbalife is a pyramid or Ponzi scheme once they have access to all necessary financial records.  The records would have to show that:

A pyramid scheme is an unsustainable business model that involves promising participants payment or services, primarily for enrolling other people into the scheme, rather than supplying any real investment or sale of products or services to the public.

or

A Ponzi scheme is a fraudulent investment operation where the operator, an individual or organization, pays returns to its investors from new capital paid to the operators by new investors, rather than from profit earned by the operator.

      If the financials show one or the other, then it would seem that the Government would have an open and shut case.  Will this happen, however?
     Remember, as we discussed, if Herbalife is determined to be a pyramid or Ponzi scheme, this could threaten the entire framework of Multi-Level Marketing schemes.  I am not saying that if Herbalife is declared to be such a scheme then it must follow that ALL MLM's fall into this category, but it does draw suspicion to the entire framework of MLM's.  Certainly it would make an investor or worker think twice before investing in such a scheme.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Interludes: Tax Time Scams (again)

Once again, as April 15 approaches, the scammers are looking for victims.  And when Attorney General Eric Holder (for my foreign readers: the senior Government attorney for the United States of America) is almost a victim, you know this is big-time.

http://news.yahoo.com/4-billion-bogus-tax-refunds-growing-problem-163413856--finance.html

Lesson: PROTECT YOUR SOCIAL SECURITY NUMBER!

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Is Herbalife a Pyramid/Ponzi scheme? 15

Let's begin to wind this down.

      Herbalife is under investigation by various agencies to examine whether it is a pyramid or Ponzi scheme.  If it is found to be such a scheme(s), the entire operation could be shut down, civil and/or criminal charges can be brought against officials of the company and the thousands of people who are Herbalife affiliates can lose their jobs.  The ramifications are not small.  Herbalife is a multi-million dollar company.

     In addition, if Herbalife is found to be a pyramid or Ponzi scheme, the entire concept of Multi-Level Marketing on which the entire Herbalife concept is based can be in for greater scrutiny and other MLM operations could find themselves under the same investigative lens as Herbalife.  This may lead to other MLM operations simply going out of business because the risk to stay with the same business model is too great. 

     As can be seen, it is not easy to answer the question on which this entire thread is based: is Herbalife a pyramid or Ponzi scheme?  Part of the reason for the inability to give a definite yes or no answer is because we would have to review the financials of Herbalife, which is beyond the scope of this thread.  But, there are other reasons as well. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Is Herbalife a Pyramid/Ponzi Scheme? 14

Let's continue with this train of thought - what if Herbalife is found to be a Pyramid or Ponzi scheme?  What does this mean for Multi-Level Marketing schemes in general?

     There is no doubt that MLM's are found just about everywhere in contemporary America.  What would happen if such schemes were suddenly declared illegal, or at the very least, suspicious?  Networks such as Avon or various food clubs would find their entire business plans under scrutiny.  The bad publicity alone would drive many of these companies from business.  Investors would have serious thoughts about placing their monies into a business that was under such intense Federal scrutiny.  Certainly, any competent criminal defense attorney would tell their clients to wait until there was a definite Federal decision, one way or another, before investing in an MLM.  If there were a Federal (or comparable) decision that MLM's were Pyramid or Ponzi schemes, any competent criminal defense attorney would certainly tell their clients to stay away from such schemes.  The risk is too great for investment.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

    

Is Herbalife a Pyramid/Ponzi Scheme? 13

What if Herbalife is a Pyramid/Ponzi scheme?

     If the investigating authorities conclude that Herbalife is such a scheme, then what are the ramifications?

      Will Herbalife be forced to close?  Will the central authority figures in Herbalife face criminal or civil prosecution?  It is too early to begin any type of sweeping or final statemenets on the matter.

     If Herbalife is found to be a Pyramid scheme, it will be one of the largest in history.  Not so much in terms of money as in Bernard Madoff's incredible scheme nor so much in terms of value.  The real issue here will be: will all Multi-Level Marketing schemes now be labeled as Pyramid schemes?  Will this mean the end of MLM schemes?

    It certainly would prompt a more careful review of MLM schemes and would also force the purveyors of MLM scheme to seriously wonder if it is worth it to create such schemes.  There probably would issue new laws or regulations concerning such schemes.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Interludes: Tax Time Scams

This is a scam that is popular this time of year and more popular this year than others, so we will take a break from our programming to discuss it.

     For my foreign readers: April 15 is generally a day Americans hate with a passion since this is when our Income Taxes are due. 

     Well, April 15 is almost here and we have a version of the "shock and awe" scam going on that I discussed in an earlier post.  In this scam, a person calls and claims to be a representative of the IRS.  The so-called "IRS representative" then proceeds to yell at the target over the phone and claim that they are waaayy behind in their taxes.  The only way to avoid an arrest is to pay IMMEDIATELY by credit card or sending a cashier's check.  If they do not comply, the "representative" warns that the target will be arrested.

    The target, who is usually filled with dread at the IRS already, is now placed in a state of fear and, unless they begin to think about it, complies.  A fraudster now has the target's credit card information or a check is on the way.

     First, I can tell you as an attorney who deals with the IRS all the time, getting an IRS agent on the phone is next to impossible.  Good luck.  The idea that the IRS will call YOU unsolicited is absurd to begin with.

     Second, taxpayers do have rights.  An IRS agent will not threaten a person over the phone with criminal prosecution.  Tax prosecutions generally take time to develop and there is a great deal of time between when a person is first audited for alleged tax fraud to when criminal prosecution begins.  Such matters certainly do not happen overnight.

     Third, IRS agents are not in the habit of taking down credit card information.  They are not Avon representatives.

      This is another version of the "shock and awe" scam where the person is thrown off balance by the threats and is in such terror he is not thinking.  This is what the fraudster intends.

     Please be careful and NEVER give out your credit card information to unsolicited callers.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

 

Is Herbalife a Pyramid/Ponzi Scheme? 12

What is the benefit of joining a company like Herbalife?  If Herbalife really is a pyramid scheme, shouldn't the members of Herbalife have been sucked out already?

    Well, historically speaking, pyramid schemes can go on for quite some time before anyone becomes the wiser (look at Bernie Madoff for an example).  But, we need to remember that although Herbalife is accused of being a pyramid or Ponzi scheme, for certain it is a Multi-Level Marketing (MLM) business model.

   The MLM model does have attractions for certain people.  First of all, people who are in an MLM organization are told they are part of a "privileged" group.  Not just anyone can join the MLM network.  MLM's generally have sales meetings which have been called a cross between a revival tent meeting and networking.  More emphasis, however, is placed on psychological "boosts" for the participants rather than actually learning any new sales techniques (why bother when sales can only be made to people within the organization). 

     It has been said that MLM's are more of a cult than a sales group.  Whether this has any truth to it is a thread for another time. 

     Herbalife certainly has its share of "pump you up" meetings and groupthink which, once again, appeal to a certain type of person.  However, this only reinforces the topics we discussed earlier that if Herbalife is to avoid the charge that it is a pyramid or Ponzi scheme, then it must produce evidence to show that its profits do not come from the recruitment of people, but rather from the sales of its products. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk