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Software Vault: The Sapphire Collection
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FRD.TXT
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1994-10-26
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Fraudulent MLM Structures: A Word of Caution
There are many very solid, very honest MLM
companies, but there is a threatening sentiment brewing
in the federal and state regulatory agencies that could
not only put you out of business, but could expose you
to expensive lawsuites and even jail time if you don't
heed the laws that are already on the books.
The underlying issue is the question of what is
actually being sold when a new distributor signs up.
The unique and complex structure of the MLM company is
just what makes it profitable, but that is the very
part that is under fire. According to many regulators,
when a recruit purchases his way into this structure,
he may be really purchasing an investment -- an as of
now unregulated one. But unregulated only because
enforcement has not been directed at the industry --
not because the laws don't already exist. Even back in
the 1950s, when chinchilla breeding was a popular home
business fad, the federal government successfully
prosecuted a number of the promoters for securities
fraud. Yes, the courts held that the chinchillas were
"securities" because they were being sold as an
investment with a promise that money could be made with
them.
In order to protect yourself, your first step is
to take a hard look at your MLM or network marketing
company. Examine the structure and how recruitments
are done. If it is sold on the basis of promises of
income, or paying a fee for a higher level
distributorship, it is probably a security. In which
case, saying that you are only selling the package the
company gave you is no defense in a civil or criminal
case against you. You are the person who made the
sale, and if that sale is illegal, it is you that will
go to jail. Others may be guiltier, but that is no
defense. Many people who have gone to jail for sending
out chain letters try to blame the person who sent them
the chain letter, to no avail, as they are equally
guilty. Not all participants may be prosecuted, and
who gets prosecuted is often like a lottery, but it is
an important consideration in looking at a company
structure.
These comments are not meant to scare anybody off
of MLM, but to inject a dose of reality before it is
too late. The mails have recently been flooded with
offers from chain letter and pyramid schemes falsely
claiming to be MLM companies. If you participate in
one, you face a real risk of legal action.
But other companies, offering a real line of
products, are flirting with the law by requiring
monthly minimum purchases, or high distributorship fees
to purchase a special level in the company. Apart from
the legal risks, there is also the more fundamental
risk that in such schemes the majority, of necessity,
must lose their money in order to enrich the promoters.