By Lou Caputo As explained in the last post, there are inherent, albeit sometimes narrow, differences between those MLM’s that truly operate as legitimate businesses and others that do not. Depending on the circumstances, a business under federal investigation may become financially and functionally paralyzed as a result of the seizure and subsequent forfeiture of the […]
By Lou Caputo Legal debate centers on whether certain multi-level marketing (“MLM”) business structures are legitimate or fraudulent. The Sixth Circuit has explained that no definitive boundary “separates illegal pyramid schemes from legitimate multilevel marketing programs; to differentiate the two, regulators evaluate the marketing strategy (e.g., emphasis on recruitment versus sales) and the percent of […]
By Lou Caputo A Ponzi scheme, simply put, is a business model that promises to pay out more money than it takes in. New investors are generally promised a relatively very high return on their investment. The returns, though, are dependent upon the operator/debtor being able to find new sources of income perpetually. This will […]
In 1999, the United States Court of Appeals for the Sixth Circuit decided United States v. Universal Management Services, 191 F.3d 750, finding that restitution was a proper equitable remedy for a violation of the Food, Drug, and Cosmetic Act, despite the absence of statutory authority. The decision has since been the topic of debate […]
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