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What is a Ponzi Scheme and How Does it Work?

Written and reviewed by

David Harrison, Partner — Bakhtiari & Harrison

Admitted: CA | NY · Super Lawyers 2015–2026 · Former NYC Assistant District Attorney · Former Morgan Stanley In-House Counsel · Series 7 Licensed · Last reviewed: May 2026

A Ponzi scheme is not just a criminal matter — it is an investment fraud that generates civil recovery rights for victims. When a Ponzi scheme was facilitated through a FINRA-registered broker-dealer, victims can pursue recovery through FINRA arbitration regardless of criminal proceedings against the promoter. Bakhtiari & Harrison has recovered more than $250 million for investors in FINRA arbitration and securities litigation. David Harrison is a former New York City assistant district attorney and former Morgan Stanley Dean Witter in-house counsel — he understands Ponzi scheme fraud from both the criminal prosecution and securities industry defense perspectives.

A Ponzi scheme is a type of investment fraud that promises high returns with little or no risk to investors. This scam is named after Charles Ponzi. It involves using money from new investors to pay older investors instead of using profits from a real business.

The scam was created by an Italian man in the early 1900s. Ponzi schemes are unsustainable and inevitably collapse, often resulting in significant financial losses for those involved.

Ponzi Scheme
Charles Ponzi

How a Ponzi Scheme Works

At its core, a Ponzi scheme operates on the principle of “robbing Peter to pay Paul.” Here’s how it typically unfolds:

  1. Fraudsters lure investors by promising quick and high returns, starting the scheme to gain their trust and money. These returns are usually much higher than what is typically available through legitimate investments. The promoter advertises the scheme as a new opportunity, using complicated financial terms to confuse and impress potential investors. The fraudster might present a seemingly credible and lucrative investment opportunity, claiming expertise in a specific market or industry.
  2. Early investors in Ponzi schemes receive high returns at first, making the scheme seem successful and trustworthy. These initial returns are not generated from actual profits but are paid out from the contributions of new investors. This early success encourages these initial investors to reinvest their money and spread the word to others.
  3. Recruitment of New Investors: To sustain the scheme, the fraudster needs to continually recruit new investors. As more people are brought in, the scheme gains momentum. The early investors’ positive experiences serve as powerful help to attract even more participants. People often accelerate this recruitment process through word-of-mouth, advertising, or networking events.
  4. Payouts to Earlier Investors: The funds from new investors are used to pay returns to earlier investors. This creates the impression that the investment strategy is effective and profitable. The scheme can keep running as long as new investors keep coming, allowing the fraudster to seem legitimate.
  5. Collapse happens when there are no new investors, making it impossible to keep paying the promised returns. Since Ponzi schemes do not generate actual profits, they rely entirely on the influx of new funds. When there are not enough new investors to cover the returns promised to earlier investors, the scheme unravels. At this point, the fraudster may disappear with whatever money remains, leaving the majority of investors with significant losses.

Why Ponzi Schemes Are Unsustainable

If a plan claims to double your money in a year, it requires double the new funds each year to pay back current investors.

Warning Signs of a Ponzi Scheme

To protect yourself from falling victim to a Ponzi scheme, it’s essential to recognize the warning signs:

  • High Returns with Little Risk: Be cautious of investments that guarantee unusually high returns with little or no risk. In reality, all investments carry some degree of risk.
  • Consistent Returns: If an investment consistently generates high returns regardless of market conditions, it’s a red flag. Legitimate investments are subject to market fluctuations.
  • Unregistered Investments: Ponzi schemes often involve investments that are not registered with regulatory authorities. Always verify the legitimacy of an investment by checking with financial regulators like the Securities and Exchange Commission (SEC).
  • Lack of transparency raises concerns about investments that lack clear explanations or involve overly complex or secretive strategies. A legitimate investment manager should be able to clearly articulate the strategy and risks involved.
  • If you struggle to get your money or the promoter is slow with payments, there might be bigger problems.
Do you believe you are a victim of a Ponzi scheme?
Civil recovery through FINRA arbitration and securities litigation is independent of any criminal proceedings — you do not need to wait for a criminal prosecution to pursue your losses. Contact Bakhtiari & Harrison for a free confidential consultation.Call: (800) 382-7969 | Contact Us

Ponzi schemes are a dangerous form of financial fraud that can result in devastating losses for investors. By understanding how they operate and recognizing the warning signs, you can better protect yourself from becoming a victim. Always do your research, get advice from trusted financial experts, and be cautious of investments that sound too good to be true. Bakhtiari & Harrison assists Ponzi scheme victims in recovery before FINRA and other arbitration providers.

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