Wednesday, 29 December 2010
Hopefully the last load of unsolicited 'MLM' bullshit for 2010 has been dumped
Tuesday, 28 December 2010
AgriGold is collecting deposits sans RBI permission
Saturday, 25 December 2010
All Amway apologists are liable to be punished
(a) prints or publishes any ticket, coupon or other document for use in the prize chit or money circulation scheme; or
( b ) sells or distributes or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution any ticket, coupon or other document for use in the prize chit or money circulation scheme ; or
( c ) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution-
(i) any advertisement of the prize chit or money circulation scheme; or
(ii) any list, whether complete or not, of members in the prize chit or money circulation scheme ; or
(iii) any such matter descriptive of, or otherwise relating to the prize chit or money circulation scheme, as is calculated to act as an inducement to persons to participate in that prize chit or money circulation scheme or any other prize chit or money circulation scheme; or
(d) brings, or invites any person to send, for the purpose of sale of distribution, any ticket coupon or other document for use in a prize chit or money circulation scheme or any advertisement of such prize chit or money circulation scheme; or
(e) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize chit or money circulation scheme; or
(f) causes or procures or attempts to procure any person to do any of the above-mentioned acts, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees."
In essence, all apologists of such schemes should be brought to book.
Section 6 deals with the offences by companies. It states who should be punished if companies committed such offences. "Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceed against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Not withstanding anything contained in sub-section (1),where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly .
Explanation ;_-For the purposes of this section –
(a) “company” means any body corporate and includes a firm or other association of individuals ; and
(b) “director”, in relation to a firm, means a partner in the firm.
So, all the office-bearers of such companies which indulged in conducting money circulation schemes or prize chits are liable to be punished.
We shall look into other provisions later.
Thursday, 23 December 2010
New York Attorney General jumps in where SEC has feared to tread
Lehmann Bros.' bankruptcy was the largest collapse (by value) of an investment bank since Drexel, Burnham, Lambert folded (amid fraud allegations) in 1990. Immediately following Lehmann's bankruptcy, an already weakened stock-market began to fluctuate massively. The Dow-Jones Index suffered its largest one day loss and largest one day gain. What followed has been labelled the 'perfect storm' of 'economic distress factors'. Eventually, a bailout package (Troubled Asset Relief Program) was prepared by Henry Paulson, Secretary of the US Treasury, in which the US Congress promised to prop up the crumbling US banking system by giving it $700 billions of US tax-payers money. Thus, preventing the entire world economic system from collapsing. The Dow-Jones index eventually closed at a six-year low of 7,552.29 on November 20th 2008. Three months later it had nose-dived to 6626.
The fall of Lehmann Bros. had a catastrophic effect on small investors; particularly bond holders and holders of so-called 'Minibonds' - e.g. in Germany, these essentially-worthless pieces of paper (linked to the artificially-high values of the share- index system), were peddled mostly to ill-informed, elderly persons, students and families by the German arm of Citigroup (the German Citibank now owned by Credit Mutuel).
David Brear (copyright 2010)