Sunday, 16 December 2012

Multilevel marketing is illegal in China

In 1998, when MLM pyramid selling schemes first swept across China – and China was being hailed by the MLM industry as the next frontier – the government banned all  direct selling. This was because in China, as in America where many of the scams  originated, direct selling had become the main disguise for pyramid schemes. On Wall Street and in financial centers around the world, pyramid schemes disguise themselves as "investment" opportunities and "hedge funds." But on Main Streets  all over the world, pyramid schemes are disguised primarily as "business"  opportunities and "direct selling."

After the ban in China, the US-based multi-level marketing industry launched a  major lobbying campaign to get China's government to legalize multi-level  marketing. It even gained the help of the US Trade Representative at that time,  Charlene Barschefsky, who worked for the Clinton Administration. Ms. Barschefsky was publicly thanked by Amway for her efforts to help the MLM industry. The usual  false claims were put forth by the MLM industry and Ms. Barschefsky that MLM is  really "direct selling", not pyramid schemes.

MLM Trying to Recruit Illegally

China's government used consulting firms to investigate the distinctions between  MLM and obvious pyramid schemes such as "gifting clubs." In the end, it determined that MLM is only a disguised pyramid scheme. There were differences without distinction. It concluded that MLM is a fraud industry. It decided to maintain the ban. Pyramid Scheme Alert provided videos, news reports, analysis, and technical assistance to the main consulting firm that was working with the Chinese government. It recommended that the government maintain and reaffirm its ban on MLM, which the government ultimately agreed with. In 2005, the ban was reaffirmed while true direct selling (sales by direct sellers to retail customers) was allowed. This action was a great shock to the MLM industry which needs new territory as its existing markets are saturated.

Today, the MLM industry continues its lobbying and there is much evidence that it is enticing Chinese citizens to break the law. Major MLMs such as Usana, Herbalife and Amway operate in China only as retail selling operations. The recruitment-based pay plan is not allowed. But in Taiwan, MLM does operate in the American 
model. Many people are urged to join downlines based in Taiwan or other countries. Some are encouraged to fake their residences. Additionally, as the USA Today article noted, people are being told that the government will legalize MLM pyramids.

Lies as Main Recruiting Tool

China's battle against pyramid schemes comes up against the most difficult of all challenges: MLM's great expertise and experience with lying. It is so adept at  deception it can gain tremendous control over people, as cults. China, as in the USA, is seeing people bankrupting their families and ruining their marriages while 
under the cult-like spell of MLM promises of wealth and security. Reports of suicides are rising related to MLMs, which is true in the USA also.
As in the USA, there is now a consumer organization in China – the China Anti-Pyramid Scheme Association – to help consumers learn the truth about MLMs and to break free of MLM lies. The first book that exposes the truth about MLM pyramid schemes has also been published by a Chinese author.

MLMs have great ability to mislead people about promised income, and the nature of pyramids and their legality. These lies are combined with lies about products, fake testimonials from shills at recruitment meetings, and fake growth numbers. While Ponzi schemes collapse quickly after they are exposed, MLM pyramids even after exposures and analysis, can fight back with campaigns of deception. Ponzi's survive with concealment. Pyramids operate in plain view but with disguise. The USA Today article notes that though MLM is outlawed in China, MLM recruiters tell people that "secretly" the government supports MLM and "wants Amway to succeed" 
there. And, of course, they use the lie about the "sale of products" being proof against a pyramid.

Contrast with USA

The efforts of China to educate its citizens with the truth about how pyramid schemes work and its aggressive efforts to protect its people from pyramid predators contrast sharply with America's, the land where the "direct selling" pyramid scheme was invented. In the USA, the lies about MLMs offering the average person high income and protection from Recession are published by the mainstream media. The New York Times called MLM recruitment schemes a "fall back" for consumers during Recession and repeated an erroneous average income figure propagated by the MLM industry. MLM schemes that inflict 99% loss rates on consumers sit on the boards of Chambers of Commerce. The former chairman of the Federal Trade Commission was a former Amway lawyer and now works as a lawyer/lobbyist for an MLM. Our former Chief of Consumer Protection at the FTC now 
represents Amway.

The question must be asked: which economy shows the greatest promise for the future? The one that treats pyramid schemes as corrupting and harmful and works to protect people from losing their money with public education and law enforcement? Or the one that allows the frauds to spread, treats them as legitimate businesses, even as they deceive and harm, and whose government officials take jobs with the schemes?

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