A Ponzi scheme is an investment fraud that pays existing investors with funds collected from new investors. Ponzi scheme organizers often promise 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 usually keep or skim some for themselves—often to fund an extravagant personal lifestyle.

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 when large numbers of existing investors cash out or demand their money back, these schemes tend to collapse.

Ponzi schemes are named after Charles Ponzi, who duped investors in the 1920s with a postage stamp speculation scheme.

Ponzi Scheme Red Flags

Many Ponzi schemes share common characteristics. Look for these warning signs:

• High returns with little or no risk. Every investment carries some degree of risk, and investments yielding higher returns typically involve more risk. Be highly suspicious of any guaranteed investment opportunity.

• Overly consistent returns. Investments tend to go up and down over time. Be skeptical about an investment that regularly generates positive returns regardless of overall market conditions.

• Unregistered investments. Ponzi schemes typically involve investments that are not registered with the Securities and Exchange Commission (SEC) or with state regulators. Registration is important because it provides investors with access to information about the company’s management, products, services, and finances.

• Unlicensed sellers. Federal and state securities laws require investment professionals and firms to be licensed or registered. Most Ponzi schemes involve unlicensed individuals or unregistered firms.

• Secretive, complex strategies. Avoid investments if you don’t understand them or can’t get complete information about them.

• Issues with paperwork. Account statement errors may be a sign that funds are not being invested as promised.

• Difficulty receiving payments. Be suspicious if you don’t receive a payment or have difficulty cashing out. Ponzi scheme promoters sometimes try to prevent participants from cashing out by offering even higher returns for staying put.

In Kansas, Ponzi schemes are considered a form of securities fraud and are illegal under both state and federal law. The Kansas Uniform Securities Act (K.S.A. 17-12a101 et seq.) governs securities within the state and prohibits fraudulent and deceptive practices, including Ponzi schemes. These schemes violate the Act by typically involving unregistered investments, unlicensed sellers, and by employing deceitful tactics to mislead investors about the nature of the investment and the risks involved. The Kansas Securities Commissioner is responsible for enforcing the Act and has the authority to investigate and prosecute securities fraud. At the federal level, the Securities and Exchange Commission (SEC) also targets Ponzi schemes under various securities laws, including the Securities Act of 1933 and the Securities Exchange Act of 1934, which require registration of securities, truthful disclosure of investment information, and proper licensing of individuals and firms involved in securities transactions. Violators of these laws may face severe penalties, including fines, restitution, and imprisonment.