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Federal Ponzi Scheme Defense
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Federal Ponzi Scheme Defense: Investment Fraud Cases
Ponzi schemes are the most notorious type of investment fraud. The name comes from Charles Ponzi, but the scheme is simple: pay early investors with money from later investors while there’s no real investment happening. When it collapses—and they always collapse—federal prosecutors come calling. Securities fraud, wire fraud, mail fraud charges stack up fast, and sentences regularly exceed 20 years in federal prison.
If your accused of running or participating in a Ponzi scheme, you need experienced defense counsel immediately.
How Ponzi Schemes Work
The basic structure: Promise high returns. Use new investor money to pay “returns” to existing investors. Create illusion of profitable investment. Recruit more investors. Collapse when new money cant cover obligations.
The key element: there’s no legitimate underlying investment generating the promised returns. Its all redistribution—until it isnt.
Federal Charges
Securities fraud (18 USC 1348) – Up to 25 years
Wire fraud (18 USC 1343) – Up to 20 years per count
Mail fraud (18 USC 1341) – Up to 20 years per count
Investment adviser fraud (15 USC 80b-6) – Up to 5 years
Money laundering – Up to 20 years
With multiple victims and multiple transactions, count exposure is massive.
Sentencing Reality
Ponzi scheme sentences are severe. Bernie Madoff: 150 years. Allen Stanford: 110 years. Even “smaller” schemes regularly result in 15-25 year sentences. Loss amounts drive sentencing, and Ponzi schemes typically involve millions or billions.
Defense Strategies
Legitimate Investment Intent
The line between Ponzi scheme and failed investment is sometimes unclear. If you genuinely intended to invest funds and generate returns—even if the investment failed—thats different from intending fraud from the start.
No Knowledge of Scheme
Not everyone associated with a Ponzi scheme knew it was fraudulent. Employees, salespeople, even some executives may have believed the investment was legitimate. Lack of knowledge is a defense.
Withdrawal Before Collapse
If you left the operation before it collapsed—before you knew it was fraudulent—withdrawal from conspiracy is possible.
Challenging Loss Calculations
How losses are calculated affects sentencing dramatically. Defense forensic accountants can challenge government calculations.
Cooperation Considerations
In Ponzi scheme cases, cooperation can dramatically reduce sentences. Early cooperation—before indictment—is most valuable. But cooperation must be strategic; what you reveal and when matters enormously.
Act Now
Ponzi scheme investigations move fast once they start. Victims are numerous and angry. Media attention is intense. Getting ahead of the investigation—with experienced federal securities fraud defense counsel—is critical. Contact an attorney today.