investment fraud
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By Brice Van Elswyk
Founding Attorney

Investing has long been considered a prudent strategy for growing wealth and securing financial futures. However, amidst the vast opportunities, there also lurks the darker side of the investment world – investment fraud. Investment fraud encompasses a range of deceitful practices aimed at tricking unsuspecting individuals into making financial commitments with the promise of high returns, only to leave them devastated by substantial losses. 

Understanding the different types of investment fraud is crucial for protecting oneself from falling victim to these schemes. Below are the most common types of investment fraud for the investor to be looking out for.

Ponzi Schemes

Ponzi schemes, named after Charles Ponzi who popularized the scam in the early 20th century, promise investors high returns with minimal risk. In a typical Ponzi scheme, fraudsters use funds from new investors to pay returns to earlier investors, creating an illusion of profitability. As long as new investments keep pouring in, the scheme appears sustainable. 

However, when the flow of new funds diminishes, the scheme collapses, leaving many investors empty-handed. A notorious example of a Ponzi scheme includes the case of Bernie Madoff, who orchestrated the largest such scheme in history, defrauding investors of billions of dollars.

Pump and Dump Schemes

Pump and dump schemes involve artificially inflating the price of a stock through false or misleading statements and thereby enticing unsuspecting investors to buy shares. Fraudsters “pump up” the stock’s value, often using aggressive marketing tactics and spreading false rumors. This leads to a surge in demand and an increase in the stock price. Once the price has peaked, the perpetrators of the fraud sell their shares at the inflated price, causing the stock to plummet and leaving other investors with substantial losses. Jordan Belfort’s infamous “Wolf of Wall Street” pump and dump scheme is a notorious example of this fraudulent practice.

Insider Trading

Insider trading occurs when individuals with privileged information about a company’s securities trade based on that non-public information, thereby gaining an unfair advantage over other investors. This type of fraud involves buying or selling stocks based on material information not yet disclosed to the public. It undermines the integrity of the financial markets and erodes investor confidence. High-profile cases like Martha Stewart’s insider trading scandal brought this illegal practice into the public eye.

High-Yield Investment Programs (HYIPs)

High-Yield Investment Programs (HYIPs) entice investors with promises of exceptionally high returns on their investments in a short period. HYIPs often claim to be involved in lucrative ventures like cryptocurrency investments or offshore investments. However, these programs are typically Ponzi schemes disguised as legitimate investment opportunities. Once investors entrust their funds, the fraudsters use new investments to pay returns to early investors, perpetuating the illusion of profitability. Eventually, the scheme collapses, leaving participants with significant financial losses.

Advance Fee Fraud

An advance fee fraud, also known as a “419 scam” or “Nigerian scam,” operates by deceiving victims into paying an upfront fee or providing financial assistance with the promise of receiving a significantly larger sum of money in return. The fraudsters typically contact individuals via email or letter, posing as wealthy individuals, government officials, or representatives of a charitable organization. They create elaborate stories, such as inheritance claims, lottery winnings, or business proposals, to convince the victims of the legitimacy of the opportunity. However, once the victims make the requested payment or provide their financial information, the fraudsters disappear without delivering the promised funds, leaving the victims with substantial financial losses.


Churning is a deceptive and unethical practice employed by some financial advisors or brokers that involves excessive trading of securities within a client’s account. The primary motive behind churning is to generate additional commissions or fees for the advisor at the expense of the client’s investment performance. By executing a high volume of unnecessary trades, the advisor aims to profit from the transaction costs while disregarding the best interests of the investor. Churning not only erodes the investor’s returns through excessive fees but also exposes them to unnecessary market risks.

Phantom Investment or Fee-Based Fraud

In this fraudulent scheme, investment managers place funds in a managed account and charge fees for their services but do not engage in any legitimate investment activities or generate actual returns for the client. The fraudsters create an illusion of investment activity, providing false statements or reports that mislead the client into believing their money is being actively managed, but in reality, no genuine investments are made. This type of fraud is particularly deceptive as clients continue to pay fees for nonexistent investment services while their investments stagnate, resulting in financial losses for the client and unjust enrichment for the fraudsters.

Pyramid Schemes

Pyramid schemes operate under the guise of multi-level marketing or direct sales programs. Participants are enticed to invest money upfront and then recruit others to join the scheme, earning commissions for each new recruit. The focus is primarily on recruiting new participants rather than selling actual products or services. As the pyramid grows, it becomes increasingly difficult for new recruits to earn profits. Ultimately, when the recruitment chain breaks, those at the bottom of the pyramid lose significant amounts. A notable example of an accused pyramid scheme involved the nutrition company Herbalife.

Recognizing the Danger of Investment Fraud

Investment fraud poses a significant threat to individuals seeking to grow their wealth through legitimate means. By increasing awareness of the most common types of investment fraud and understanding their telltale signs, we can empower ourselves to make informed investment decisions and safeguard our hard-earned money. The key to combating investment fraud lies in awareness, skepticism, and ongoing education.

We Can Help If You’re Involved In Investment Fraud In Bradenton & Sarasota FL

Van Elswyk Law is dedicated to defending those involved in investment fraud. We work hard to protect your rights and secure the best possible outcome. Contact Van Elswyk Law today for a consultation to explore your options and begin building a strong case.

About the Author
Brice Van Elswyk started his professional career as an investment banker in 1998. Over the next 14 years, Brice worked for several international investment banks, eventually specializing in structured products with complex tax, accounting, and regulatory capital constraints.While at the State Attorney’s Office, Brice prosecuted crimes ranging from misdemeanors such as DUI’s and domestic batteries, all the way to homicide, drug trafficking and sex crimes. Most recently, Brice was a specialty prosecutor focusing on capital sex crimes and crimes against children. Now, Brice combines his vast knowledge of finance, and his extensive experience as a trial attorney to serve clients in both criminal defense and civil matters.