Friday, October 9, 2009

Affinity Scam, part 4 - the Victims



"I always want to give the victim a voice. "
Ann Rule, author
b. 1935

"I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. "
Elie Wiesel, author, Nobel Laureate, 1986
b. 1928

"Justice for the major perpetrators cannot be separated from the vindication of the rights of the individual victim. "
Jalal Talabani, President of Iraq (2005 - present)
b. 1933

In the interest of full disclosure, let me disclose a bias of mine. I have been motivated to try to find out factual information about the alleged Ponzi / affinity scheme I've written about, in large part because of my communication with some of the alleged victims. That communication has affected profoundly how I feel about this subject.

Let me tell you about one of these people, T. A. from Florida, the man in the photo above. In his 60s, he retired from a 36 year career in the United States Army, dating back to his enlistment in 1967, as a Command Master Sargent. He served in Viet Nam, in the Middle East in both Desert Storm and Iraqi Freedom, as well as a variety of our covert anti-drug actions in Central America. He is a family man, a devout Christian, his youngest son is entering the ministry. He had accumulated a nice nest egg for his retirement as a self-directed investor, using bonus pay, 40 years of savings, and a modest family inheritance to fund his careful investments. Those investments had been successful until the past few years, at which point he began looking for better ways to safeguard those funds, intended for helping his sons with their education, to pay for those medical costs not covered by the VA, and to be able to pay for his own funeral when the time comes without leaving his family in debt.

The (alleged) victims in this situation, as well as those in many other similar scams are often re-victimized by those who read or hear about them, by claims they were foolish or stupid or gullible, that they had unreasonable expectations, and that they didn't properly do their homework. These comments, written or oral, make what happened the victims' fault, not the fault of those individuals who perpetrate the scams.

Regardless of the checking by the victims, extensive or minimal, at the time they invested, the deck was stacked against them, with a combination of legitimate credentials and false claims, supported by what seem pretty clearly now to be fake documents mixed with more credible bona fides. These include earlier items in the same Star Tribune news paper representing them as credible financial experts; that is the same paper that has recently run the series exposing the alleged Ponzi scheme: http://www.wfgweb.com/db/images/rally0906.pdf An example of the documents which now appear questionable appear in the most recent Star Tribune article by Dan Browning: http://startribune.com/business/63003227.html, and http://stmedia.startribune.com/documents/SaundersLetterReOxfordGlobal.pdf.

In the words of one of the smartest women I know, who works with finance and crime, if someone is determined to deceive you, they can. In the earliest days of the alleged Ponzi scheme, some of the named defendants had valid credentials. The defendants' credentials at the time T.A. invested were valid, depending on whose credentials one looked up. I don't know of anyone who checks out every person in a company before assuming the company is legitimate (not even me).

I decided to do my own checking. I duplicated the kind of 'homework' that people talk about victims doing, a brief synopsis of which I will share with readers in a future installment of my writing about Affinity Scams generally, and the Minnesota-Mini-Madoff alleged scam specifically.

Part of T.A. trusting these men had to do with their affiliation with Christian leaders, and espousing Christian values. This is often part of the standard programming of right wing radio stations, including those of Salem Communications which hosted the defendants in their various radio programs. Salem has stations here in St. Paul / Minneapolis as well as in Florida where T.A. lives which carried these radio programs.

Let me tell you a little more about T.A. He has described to me what this experience feels like for him, as understanding how a rape victim feels, violated. He wants not only his money back, as much of it as he can get; his expectations in that respect are quite realistic. He wants more than just the money. He also feels a need to do something, for himself and others, as part of getting his honor and his sense of self-worth back.

What was his response to these events? To not only do what he could for his own situation, going back to work to provide for his wife and other family members. He became one of the key people who has sought to help and organize the other victims. He has felt especially protective towards those who are very elderly, or who have become so impoverished by their investments in what appears to be a swindle that they cannot afford legal representation. There are a lot of these people who have been left floundering and destitute. Despite his own feelings, his first and foremost thought was to follow his military training to lead, to protect, to care for those more injured or vulnerable by their loss than himself.

It is a characteristic of affinity scams that unfortunately because the victims are ashamed and embarrassed, it often goes unreported unless the losses are so devastating the victim has no alternative. Sometimes, as had been the case with some of the victims of the alleged Minnesota Affinity Scam, they don't know who has jurisdiction, who to tell.

That is not going to happen here. Not if I can help it.

I cannot adequately put into words how humbled I am by T.A., how small my best efforts to help seem next to his. I never realized that a compliment could be so painful, but that is how I feel when T.A. tells me, and tells others, that Pen and I are smart people, that we have provided useful information and helpful ideas. I feel anything but smart or helpful. I feel inadequate for not having made more of a difference on their behalf.

Perhaps most of all, I have been humbled by how T.A.'s religious convictions are rock steady; I find his faith inspiring. He believes that God sends people into our lives for a reason, and that is how Pen and I came into his life, offering to help, and by caring about what happened to him. If that isn't a motivation for me to accomplish something, I don't know what is.

By every standard I know, this man is heroic, yet he sees himself in the most modest terms. I hope in this series, I am able to present the substance without the illusions created by the charm that is an essential facet of that kind of crime. Several people have asked me what I want to be the result of writing this series. I want people to be more proactive, not to look away, to understand and care, to do more than they would otherwise have done.

4 comments:

  1. This is an excellent introduction to these people. They are honorable, decent, and meaningful. It is easy to sneer and condescend, and too often, that is the reaction of people - until it is they or someone they care about who has been cheated.

    Knowing TA, I can say that the only thing you could accuse him of is being kind, of opening his home to people who, due to his convictions, he had reason to feel affiliation. They lied (allegedly), presented false documents - again allegedly - the greatest crime may not just be the apparent fraud perpetrated upon these people, but instead the cavallier attitude we take toward improving the law - portraying a fraudulent attitude of concern for our fellow neighbors.

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  2. Too often when we hear of one of these scams we think, "oh, I could never fall for that." Yet, this is an example of good, honorable, decent people who were deceived by those who are masters at that craft. T.A. wasn't deceived because he didn't do his homework. T.A. was apparently deceived because he trusted the these people in their allegedly common faith, and that they were going to help him and others. This is what is the true tragedy.

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  3. Some people don't realize the difference between scams like Madoff pulled off or this scam you are writing about and the obvious Nigerian type scams. The ones where the victim should have know better are ones that tell you I have 2 million in Nigeria and I will give you half if you just give me 10k up front that I need for bribes to get the 2 million out of the country. Madoff had people go to the SEC several times over the past 10 yrs and tell them I think he is running a scam and they either did nothing or found nothing, I am not sure which. I once bought an engine for a pickup from a place and in 3 months it froze up, wasn't even close to needing the first oil change. I went back and the shop had changed owners, the mechanic who installed my engine was now the owner and said they could not be responsible for work done by past owners. I got pissed and said look you put the damn engine in and they basically told me to leave before they called the cops. A lawyer told me he could win if I sued but I would never collect the money because they rotated ownership between several people so much. He had even had the same thing happen to him and had not bothered to sue. Granted this is small scale compared to what happened to your friend TA, but 2 yrs out of college that truck and the engine for it was my life savings, and it got wiped out by dishonest people running a scam.

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  4. tt wrote: "Some people don't realize the difference between scams like Madoff pulled off or this scam you are writing about and the obvious Nigerian type scams. The ones where the victim should have know better are ones that tell you I have 2 million in Nigeria and I will give you half if you just give me 10k up front that I need for bribes to get the 2 million out of the country."

    I've been thinking tt about what you wrote ever since I moderated it over the weekend..... part of the context to my thoughts was an article I read last week online (which I have been looking for ever since to use as a link, and can't find it now). The article addressed that one of the earliest indicators, well before the usual things that are the basis for diagnosis, of alzheimer's and other forms of senile dementia in older people are problems with financial matters. Things like improperly writing checks, paying bills two or three times and then not paying others, confusion over understanding statements where they were previously clear.

    It is a significant part of the stories of the - alleged - victims of this - alleged - affinity scam that an overwhelming majority of the victims seem to have been older, and therefore possibly vulnerable to being more easily persuaded to trust, even while they are desperately trying to hang on to their independence. Tt shared with us having been ripped off two years out of college, when he was presumably intellectually as sharp as anyone can be, if perhaps less worldly-wise in experience than he as he grows older.

    I had a maiden aunt, my father's oldest sibling, who would have vehemently protested had we tried to assert she was not a shrewd woman; yet she sincerely believed the utter garbage printe in tabloids, because she insisted - in the face of her nieces and nephews outright laughing at her - that newspapers (yes, even trashy tabloids) couldn't print it if it wasn't true. Would it have been ok for her to be taken advantage of, especially given she was an exceptionally devout woman? No.

    At some point, I think we have to hold that it doesn't matter if we happen to think someone SHOULD have known better. We get very hung up on details like...not leaving doors unlocked, or keys in a car.

    Maybe it is time, maybe it is overdue that we have the guilt pendulum swing back to the position that it is just never okay to cheat or steal from someone, that it is the bad guys - and ONLY the bad guys - who are BAD, WRONG, GUILTY.

    I'm just as much an offender in this regard as anyone. In researching the allegations of the affinity scam, I came across - alleged - victims, people who claim they lost money by investing with the defendants, who still believed that those nice men wouldn't hurt them or take their money, that they really didn't know what happened to those funds, and that they were such nice people they must be trying to get that money back for the investors.

    My impulse was to - metaphorically - want to slap them silly for being what seemed to me to be so stupid. And then I stopped, and just felt badly for them instead. I don't think they are facing reality very well; but who the heck am I to decide how they should handle coping with devestating losses?

    That was the moment that I made the commitment NOT to in any way re-victimize those who were caught up as investors in this - alleged - affinity scam. Given the number of - alleged - victims coming forward, from the original affinity scam, and from subsequent activities of some of the named defendants, there are just far too many people for me to spend my time making judgements.

    My intention at this point is for the next part in the 'Affinity Scam' series to be about the Villains, the bad guys, individuals, and the corporate or other entities. But that order could change in the event of breaking news about either the civil suit or the federal grand jury.

    I hope that our readers approve. It's always helpful to learn from your feedback.

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