MAKE.MONEY.FAST and the Law

"Some in clandestine companies combine;
Erect new stocks to trade beyond the line;
With air and empty names beguile the town,
And raise new credits first, then cry 'em down;
Divide the empty nothing into shares,
And set the crowd together by the ears." --- Defoe

Introduction

It is often striking, when one goes to study the law, how many great legal issues are brought to the fore by people who are essentially grotty little grasping cheats. Clarence Gideon, lowlife and perennial loser, was convicted without an attorney of walking out of a bar with a bottle of red-eye whiskey and took his case all the way to the Supreme Court, where the Court first recognized the duty of states to provide attorneys for the accused. (Sure enough - he was acquitted on retrial when his attorney cross-examined the chief witness.) Marbury v. Madison, which described for the first time in detail the Supreme Court's role in the American checks-and-balances system, arose over an inter-party conflict when one President took over acrimoniously from a departing one.

In just this manner, the modern-day MAKE.MONEY.FAST scammer is heir to a long line of criminal traditions, and efforts to stop chain letters and other frauds (other slang terms for them include 'spamscammers' or 'scamspammers') implicate a wide variety of legal interests, even though the cheaters themselves are one of the lowest forms of human life.


History

"The man who is admired for the ingenuity of his larceny is almost always rediscovering some earlier form of fraud. The basic forms are all known, have all been practicised. The manners of capitalism improve. The morals may not." --- John Kenneth Galbraith, The Age of Uncertainty, (1977).

There are a number of historical and legal paths which lead to the modern day spam-scammer.


There are equally several ways that courts and lawmakers have tried to stop scammers of these kinds.
When compiling this history, I found constant incredulity about one point, perhaps the most important question of MMF:

Why do pyramid schemes and chain letters work?

I mean, they wouldn't proliferate like they do if someone, somewhere, didn't make a few bucks off of it. And as we saw, when managed adroitly (Glenn W. Turner and Koscot Interplanetary), they can be downright lucrative despite being very obviously fraudulent and very obviously illegal.

Pyramid schemes seem like such an obvious sort of fraud that it is often incredible to people that they continue to work. The reason is simple: greed. People want something for nothing. They want to make a lot of money without working for it. I'm not a prude about making money. Money is useful. But it isn't everything, and it's not worth breaking the law for. The criminal scammer preys on the greed of his victims, not necessarily their gullibility. If someone is greedy enough, their good judgment goes out the window. Like the man says:

"From top to bottom of the ladder, greed is aroused without knowing where to find ultimate foothold. Nothing can calm it, since its goal is far beyond all it can attain. Reality seems valueless by comparison with the dreams of fevered imaginations; reality is therefore abandoned." --- Emile Durkheim (1858-1917)

I hope you enjoy this little excursion into history and legal analysis. If you want to contact me, my address is at the bottom of the page.

I am not a lawyer. This is not legal advice even if sometimes it might look like it is. Remember, this is a history page. If you want legal advice, talk to a lawyer.

A Sisyphus Project Production


Jason Corley -- corleyj@cobweb.scarymonsters.net

Take me back to Jason's Law page.


Jason Corley -- corleyj@cobweb.scarymonsters.net