Erzsébet Diós:

"Business" and Corruption in A Pyramid Game

1. Introduction
2. The basic crime
3. Corruption within the system
4. Corruption during money laundering
 The Ghana-Sierra Leone relation
 Relationship with the bank
5. Corruption after starting the criminal procedure
6. Penalties
7. Lessons from the case: difficulties during the production of evidence and the judgement of corruption

 

1. Introduction

As far as the practice of business is concerned, corruption opportunities always appear and not only in the transition countries, but in traditional democracies as well. In a changing system however, the guiding principles necessarily become more uncertain than in a consolidated society.

It is difficult to obtain a precise definition of corruption; to some extent there should be a general consensus on what defines as "corruption".

In a broader sense, conduct that makes use of personal relationships ("cronyism") in order to achieve the desired economic or other goal instead of the ways open to everyone - which ways are regulated or otherwise considered legal - should belong to corruption. In such cases the provided advantage may reach the target person through several intermediaries thus direct connection is often hard to show.

Corrupt conduct punished by criminal law obviously has a much narrower interpretation restricted to certain people and behaviour (official misdemeanour, bribery in business, trafficking in influence).

Nonetheless, each type of corrupt conduct has a common feature: hiding or disguising. Both the active and passive bribers - the parties involved in corruption - have interest in hiding their activity or in not having witnesses. If it was not so, apart from public and judicial condemnation, the active party would risk the favourable handling achieved for money and/or other provided favour while the passive party would risk his/her job, respect and goodwill. In Hungarian criminal law the party who provides/promises advantage and the other party who receives/requests favour are equally perpetrators of bribery. Consequently both parties are punishable by law, so it is very difficult to prove the promise, request, acceptance and provision of advantage or favour. This is the most important reason why there are few corruption cases heard at courts though the suspicion of corruption appears in many economic cases. However, if there is no evidence, the authorities may not know whether the case is gossip only or well-founded suspicion worth of further investigation. For similar reasons, the investigation does not always result in accusation and court hearings may also finish with acquittal.

Nonetheless, in some cases the suspicion of corruption is linked with economic activities, which are crimes themselves - including crimes against property first of all: fraud, fraudulent breach of trust, negligent administration etc. In such cases punishment is due even if the accompanying corruption remains hidden.

Corruption in broad and narrow interpretation, explored and hidden corruption equally appear in the complicated case presented below. The case involves several accused individuals and several ten thousand injured parties, and the story reaches the African continent.

In this case crime resulted in the accumulation of substantial money, and the perpetrators also used the international markets to invest this huge capital. Both the accumulation of capital -commitment of the basic crime - and the money laundering were accompanied by activities that can be considered corruption. Furthermore, such corrupt conduct was detected even after the criminal procedure had been launched.

In this case study we will show:

  • how corrupt conduct was linked with the mentioned economic crime against property;
  • which of the corrupt activities were punished or not punished; and
  • what were the reasons for punishment or not punishment.


2. The basic crime

After the change of the regime, along with the gradual development of market economy, "pyramid games" also appeared in Hungary. In the first half of the 90s - between 1990 and 1995 - these "investment opportunities" were very popular as along with high risk they promised outstandingly high returns for the usually not so well-off and naive "investors". In these years, there were games called Super Play, Super Play Extra, The Rings of Scarabaeus, Courier Club, Seven Tribes, Top 12, All Healthy 2000, etc. In fact these pyramid games were organised systems of money collection and redistribution in several stages.

In these games, people on the top of the pyramid invite two or more people in the system, and every new member has the same obligation. Payments of the new members arrive at people, who rank higher on the pyramid or even on the top. Those who join later, may earn money only if the new members grew in number exponentially. The system is a closed one, apart from the members' payments there are no other revenues. It can be shown with little maths that only a few members may have earned the promised high returns, while the majority of the members played the role of financing these extra profits. As there were no other financial sources in the system, the process was a zero sum game, which is well-known in mathematics. In such games, the earned returns must equal the incurred losses.

In the media of the age quite a few experts analysed the nature and mathematical principles of the pyramid games. Nonetheless, these "businesses" enjoyed unbroken popularity as Hungarian law did not have precise definition of this crime; there had been no regulation and sanctions for the pyramid games.

The game was an excellent mean of concentrating free capital in the hands of the organisers.

The persons accused with the crime took their chance, and established Microker Ltd. in 1991. The company's registered capital was HUF 1 million, it situated in Hódmezővásárhely. First, the company wanted to deal with wholesale and retail trade including different services, but the company managers K.A. and K.M. learned soon that without considerable operating capital and extensive business relations there was no successful commercial company.

K.A. and K.M. wanted to make up for this deficiency so that they extended the company's scope of activities and established the "By Yourself I." mutual aid society (hereinafter - keeping the original Hungarian abbreviation - we will refer to this "society" as MU I.). The club's operation followed the principles of pyramid games described above. The company promised those who joined by paying HUF 16.000 that in a short period of time they might earn HUF 2.430.000 provided that they organise three more members per capita.

K.A. and K.M. used even the public television to advertise the MU. I. system. Based on a contract with Praktuell Ltd., they frequently advertised on Village TV, which was quite popular in the area. Until August 1993, the new members paid more than HUF 80 million, however, later people were much less interested; mainly because of the obligation of organising three additional members.

K.A. and K.M. violated even the game rules which they prescribed and family members, friends and other acquaintances had been ranked on the places with sure payoffs independently of the order of new member entries. The whole collected money was paid out to the beforehand mentioned people, however, the vast majority of members was ripped off, they could not even recover the HUF 16.000 membership fee. Many of the victims reported officially to the police, however, the authorities dropped the investigation on the 28th of January 1994. The reason was twofold: there was no solid legal regulation and the officials did not recognise the fraud. The decision may have convinced both the (future) members and the chief organisers that the "By Yourself I." (MU I.) society and pyramid game was a lawful business.

Making use of the experience with MU I., K.A. and K.M. decided to involve more people with better financial background. At the same time they wanted the system to be more attractive.

Shortly after the obstacle to entries - the obligation of organising additional members - was cancelled, and "By Yourself II" (hereinafter: MU II.) was established. The new organisation was told to be an investment. People who then undertook the organisation tasks - as they were insurance agents and credit referees at the largest Hungarian commercial bank - had more affluent clientele. There were other changes as well: with the help of the popular Village TV, Microker Ltd. itself launched regular commercial reports.

K.A. and K.M. abused that in the time concerned most of the citizens had poor computer literacy skills. Therefore, for these people computer science was a little bit of myth, but which certainly implied confidentiality and credibility. MU II. was told to be a computer system, which had a closed programme without human interaction. This programme was told to be responsible for the order and date of payoffs (the returns) in line with the MU II. rules.

Nevertheless, in the computer registration that contained the order of payoffs, there were so-called "machine codes" inscribed between the natural persons on every 6th and 13th place. These places also yielded returns. However, these moneys were not paid out, instead, they stayed in the system. For the paying members K.A. and K.M. justified the existence of these computer codes: if the system stops, the returns accumulated on these accounts should have been the reserve for those at the bottom of the pyramid, who were necessarily losers, if the system stopped. In fact the accused also made use of the moneys accumulated this way, and the members were not informed.

With respect to the more affluent clients, in two years MU II. promised more than HUF 10 million if HUF 160.000 was paid and the member ranked first. In four months more than HUF 600.000 was promised for members ranking second. This time as well, K.A. and K.M. monitored the computer registration and they often changed the orders.

Despite what had been told, the computer programme responsible for registration and ranking was far from being closed; it did not have any kind of protection. Deletion, modification, change of characters in the listed names was possible with no constraint. People favoured by the accused organisers or the accused themselves could easily be ranked on winner positions.

In the case of the second system, K.A. and K.M. apparently tried to hide that MU II. had something to do with pyramid games. The promised yield was indicated as if it was the business profit of Microker Ltd. Nonetheless, in reality the accused organisers stopped all other activities of the company after the first game had been launched.

Almost 3000 people entered MU II., but only 12 received the maximum yields. 27 people obtained HUF 600.000, 299 could recover the starting HUF 160.000. Despite the promises, the reserves had not been accumulated for the advertised purpose. As the collected moneys were fully paid out to the accused organisers including the family and friends, many investors were hopelessly waiting for their returns.

In order to ease the financial difficulties, the accused organisers tried to involve new capital by establishing "By Yourself III." (hereinafter: MU III.).

This system differed only slightly: the initial investment (or entrance fee) dropped to HUF 16.000 and promised HUF 160.000 after 4 months. Later the profit was arbitrarily reduced and the time span increased to 8 months. As in this system the pay off took place in one stage, K.A. and K.M. had the chance of using the initial payments for free throughout the 8 months.

The attracting conditions were influential: altogether several ten thousand people entered the three systems. Equipment and staff of the company were both insufficient to handle such a number of members either manually or on the computer. 18% of the "investors", more than 7000 people had not been registered at all, therefore the sum they paid was perfectly unidentifiable.

According to the accountant's data, more than HUF 700 million was paid out from the HUF 1,8 billion collected in the three systems. The remaining several hundred million remained in the possession of the accused organisers. The original objective of K.A. and K.M., i.e. the accumulation of free operating capital, had come to reality.


3. Corruption within the system

a.) K.A. accused of the second order put the physiotherapist of his sick child on one of the winner positions - as a kind of gratuity - so that the original order of entries had been changed several times. This way the physiotherapist was ensured to obtain the maximum yield, HUF 10 million. The physiotherapist - L.A. - took all her money in three instalments.

b.) B.P. accused of the tenth order had been the office head of Mikroker Ltd. in Budapest. His duties included the organisation of new members into the MU systems, and guidance for the agents active in Budapest and the agglomeration. For these activities B.P. received HUF 2000 per member entering directly in the MU systems. If the new member was organised through the agents, B.P. received HUF 1000 per new member, however, he could also get a fee if a member of MU II was convinced to switch to MU III.

H.T. accused of the eleventh order was an agent for Mikroker Ltd. The list of newly organised members had to be agreed by the Budapest and Hódmezővásárhely office heads; commission could be paid only after. The office head in Hódmezővásárhely - Mrs. A.T.A. - could take measures independently (on behalf of the company).

B.P. and H.T. wanted to receive more commission fee than what would have been reasonable after the new entries. Thus they also listed people, who did not actually qualify as new members (e.g. who did not pay the entrance fee or withdrew his/her intention, etc.). In February 1994 they met Mrs. A.T.A. and took these prepared lists. The office head recognised that on average only 2 listed members out of 50 were eligible, so she denied to pay the not earned commission.

B.P. and H.T. offered HUF 100 thousand, later HUF 300 thousand to the office head if she accepted the prepared lists. However, Mrs. A.T.A. was not willing to accept all the submitted lists. Then she was threatened that if she kept refusing, "she will be treated as the Z.Nagy-s" (four members of the mentioned confectioner family were slaughtered in their home in Szeged some day before the conversation).

In the negotiations the office head learned to know that B.P. and H.T. were carrying guns with themselves, so she acted as if she had accepted the offer. Nonetheless, later she recorded the conversations on tape and asked for help from the police.


4. Corruption during money laundering

First, the accused organisers transferred the concentrated capital to Gyémánt-híd Co. (Microker Ltd. founded this company limited by shares). The objective was to launder the money in different businesses and make personal use of it.

Certainly, the members - now shareholders - waiting for their money had not been informed. Neither were the member-shareholders aware that henceforth they were entitled only to some low percent dividends - if profit was made - instead of the beforehand promised high returns.

Gyémánt-híd Co. was meant to operate as a holding of the businesses to be established by the accused organisers.

a.) The Ghana-Sierra Leone relation

Name of the company (Gyémánt-híd = Diamond-Bridge) already labelled the high profile business, in which the accused organisers intended to invest the capital in question.

Dr. H.M.F. accused of the third order divorced earlier from her husband, who came from Ghana. Their child, C.R.N.M. accused of the fourth order had dual Hungarian-Ghanaian citizenship. C.R.N.M's uncle A.H.M. also had Ghanaian citizenship, but he had been living in Sierra Leone. Through the businessman uncle, the accused persons gained information about the diamond mines of Sierra Leone. The diamond mine in Kemena province of this civil war burdened African country ranks eleventh among the diamond mines of the world.

Through his wife the uncle - also the brother in law of Mrs. H.M.F. accused of the third order - had interest in a Sierra Leone based trade company. An Italian businessman, C.R.N.M. and other people such as K.I. to be accused later were the owners of Rio Mining Co. Ltd., the company in question.

The uncle of C.R.N.M. accused of the fourth order had been the economic consultant of the earlier Sierra Leone government for four years. In the local business and political elite he was renowned for his wide range of relationships. Based on the information provided by the uncle, the accused organisers got to know that the Sierra Leone government announced a tender for foreign companies with strong financial background to reduce and eliminate the losses caused by the illegal diamond trade and the continuous armed clashes for the possession of the diamond mines. The tender targeted to organise legal acquisition of the mines by foreign firms, which would have ensured both profit and controlling licenses for the government. In order to meet the eligibility requirements of the tender, Gyémánt-híd Co. first had to take a stake in Rio Mining Co. Ltd. then the Hungarian company also established an off-shore firm in Sierra Leone. The name of the offshore was Diamond Bridge Co. Ltd.

Gyémánt-híd Co. and Rio Mining Co. Ltd. jointly applied for the tender. An American, a British and a German company also applied. Nevertheless, in February 1994 the Diamond and Gold Buying Agency of the government had negotiations with K.M. accused of the second order (representing Gyémánt-híd Co.), C.R.N.M. accused of the fourth order (representing Rio Mining Co. Ltd.) and the earlier mentioned K.I. The result of negotiations was an undersigned agreement between the Sierra Leone government and the tendering companies (16th of February 1994, Freetown). There also was evidence that in the course of negotiating and cooperating with the Sierra Leone government officials, the "usual gifts" had also been provided. Financing of these "bribes" was done from the US$ 250 thousand brought to Sierra Leone by the accused organisers. Besides buying shares, founding a company, preparing the tender documentation, this money was also the source of living expenses and other investments in Sierra Leone. For instance they bought the concession rights for four minefields (US$ 30 thousand each) and they employed an appraiser (a diamond expert) in Sierra Leone and a representative on the Antwerp diamond exchange.

b.) Relationship with the bank

Money for the African enterprise was ensured from the payments of the small investors collected during the pyramid games.

Foreign activities of the two Hungarian firms - Mikroker Ltd. and Gyémánt-híd Co. - were bound to different official licenses (license to hold foreign currency, permissions issued by the Ministry of Finance, the Ministry of International Business Relations, the Ministry of Trade and Industry). Nonetheless, the two companies did not have any license, they did not even try to acquire these though there was a lawyer and other legally educated individuals among the accused organisers. Obviously, the companies did not perform their obligation of reporting to the offices. Instead of acquiring permission to hold foreign currencies, the Hungarian companies chose the infringement of foreign currency regulation.

C.R.N.M. accused of the fourth order - who had dual Hungarian and Ghanaian citizenship and who was a shareholder in Rio Mining Co. Ltd. - kept his Hungarian citizenship in secret, and with the help of his Ghanaian passport opened a foreign currency account for Rio Mining Co. Ltd. in the Szeged based Branch Office of Mezőbank. In the opening of the account, an ex-classmate of C.R.N.M. gave advice and support as he worked in this branch of the bank.

The bank account of Gyémánt-híd Co. was hold at the same bank. Gyémánt-híd Co. and Microker Ltd. both transferred larger sums to this Gyémánt-híd account, and from there the money was transferred to the account of Rio Mining Co. Ltd. Upon the advice of the friend in the bank, the legal title of transfers was "market research and advertising". Thus, the accused organisers could obtain the money in foreign currency (in our case in US$) from the Rio Mining Co. Ltd. account. The money was travelling in a "suitcase" to Sierra Leone, and it was handed over to A.H.M. at the airport of Freetown.

The legal title "market research and advertising" was suitable in this case because this foreign trade activity did not imply permission issued by the foreign exchange authority.


5. Corruption after starting the criminal procedure

In the criminal procedure, which started in 1994, the existing company assets, and every found asset possessed by the accused individuals were closed off. Gyémánt-híd Co.'s bank accounts were treated similarly. However, for further operation of the companies and doing the African business the organisers needed the blocked money.

In the investigation procedure, dr. R.M. - a lawyer from Szeged, commissioned by one of the accused - said that he could arrange the opening of the accounts via his important relationships in Budapest. Members of the Parliament and politician relatives were mentioned. He also purported that it needs a considerable amount of money; HUF 10 million has to be paid for the "Budapest relation".

Eventually Mrs. H.M.F. accused of the third order - who had been the office head in Hódmezővásárhely in the last months also receiving more than HUF 10 million in the pyramid game - discussed the above mentioned offer with M.E. accused of the fifth order. They decided to accept the lawyer's offer. HUF 4 million was provided by M.E., 1 million by Mrs. H.M.F. M.E. borrowed the missing HUF 5 million from a friend keeping the destination of the money in secret.

Dr. R.M. proved to be rather cautious as he put HUF 4 million on a savings account, HUF 5 million was requested in banknotes of a Hungarian commercial bank and he needed only HUF 1 million in cash.

The two accused people had blind trust in Dr. R.M. Although the lawyer signed an acknowledgement of receipt of the received valuables, later H.M.F. and M.E. gave it back upon his request. Thus there was no evidence of the received HUF 10 million.

The promised 1 month elapsed and the bank accounts were still not accessible. Mrs. H.M.F and M.E. met the lawyer again to collect their money. Dr. R.M. came to the appointment and - in a nervous manner - presented a daily newspaper; Kurír, which ceased to exist in the meantime. An article was telling a story about the Balaton-related businesses of the son of dr. B.P. - minister of home affairs, prime minister later. The lawyer said that the son of B.P. was about to arrange the opening of the accounts, but it was no longer possible because of the story in the newspaper. The lawyer also mentioned that he and his family was already in danger. Finally the HUF 10 million did not return to the clients, its destination faded away in the mist of time.


6. Penalties

As a result of the mentioned wide scale "business" activities, the criminal procedure started against 16 persons. The court found 13 persons guilty and acquitted 2 accused. Due to the lack of evidence, investigation did not continue in the case of 1 person.

Founders of Microker Ltd., K.A. and K.M. - accused of the first and second order respectively - were sentenced to imprisonment for 5-5 years. The court found them guilty in fraud on 40 thousand (!) occasions and in violating the act on foreign currency.

The others also were sentenced to executable imprisonment. The time span of imprisonment was 2 years to 4 years and 6 months.

The authorities also took effective measures to retain the assets gained through crime. The accused had tried to hide the assets so that they bought valuable cars and real estates registered for their relatives (often for their children under legal age); the foreign currency was deposited in foreign banks (K.A. accused of the first order and K.M. accused of the second order deposited DM 38.844 and 130.000 respectively in Volksbank Höchst, Franfurt, Germany).

The German authorities were suspicious that these moneys originate from crime, and the prosecutor of Frankfurt started the procedure upon the suspicion of money laundering. Within the framework of legal aid, information was requested from the Hungarian authorities. The information did not provide enough base to continue the procedure, which then stopped. The negative information was the consequence of the Hungarian authorities' first opinion that the accused persons did not commit crime by running the MU systems.

When the criminal procedure started in Hungary, upon the Hungarian authorities' request the Frankfurt based bank transferred the money deposited by K.A. and K.M. to the National Bank of Hungary, where the accounts were barred. Later the court confiscated the money as the accused infringed the act on foreign currency.

Beside the executable imprisonment, the secondary punishment also ordered the confiscation of the real estates registered for the accused and their relatives, the expensive cars and the ownership in Microker Ltd.

The several ten thousand victims could assert their rights not in this criminal procedure, but in front of a civil court. Many of the lawsuits are still in progress, but even those, whose case was closed with a non-appealable court decision could not receive any money, because the found company assets - as it was described earlier - was not substantial.


7. Lessons from the case: difficulties during the production of evidence and the judgement of corruption

a.) Upon the suspicion of receiving stolen goods, criminal procedure started against L.A., the physiotherapist of K.M. accused of the second order. However, it was not proven that she was aware that the money she received was stolen.

Apparently, even if there was enough evidence, L.A. could have been sentenced only because of committing crime against property. However, it is also apparent that the money she received was "tip", a kind of "gratuity" from K.M. As L.A. did not meet the criteria prescribed for passive bribers in the Criminal Code (not official person, not employee of state organisation, state-owned business, social organisation, association, etc.), she could not be punished for corruption (bribery). Due to the lack of evidence, the investigating authority stopped the procedure in the case of L.A.

b.) Nonetheless, the court found B.P. and H.T. accused of the tenth and eleventh order guilty. The crime was bribery in connection with requesting favour from an employee entitled to take measures independently and taking the law in their own hands. The sentence was 10 and 8 months of suspended imprisonment.

During the production of evidence, it helped a lot that the husband of Mrs. A.T.A. was a witness of the offer and later the threatening, not to mention her tape recordings of similar telephone conversations later. As a result, the accused persons' defence could not be successful.

c.) As long as the known circumstances justify, winning the tender in Sierra Leone was definitely not the result of the "excellent" tender documentation submitted by the Hungarian company alone. Without the help and the "usual" gifts advised by the Sierra Leone resident relative of the persons accused of the third and fourth order, the African government office would not have chosen the Hungarian applicant as the winner of the tender, while strong American and German companies had also been running in the competition.

Court hearing of the uncle could not take place, because there was no connection at all between the judicial bodies of Hungary and Sierra Leone. Only C.R.N.M. accused of the fourth order was talking about giving gifts in Sierra Leone.

The investigating authority had tried to make the story clear, however, the accused organisers could not give account of the money used in Sierra Leone. Furthermore, they did not want to tell where the contracts and other documents prepared in the African country could be found. During the house searches, only the photocopy of Mr. Daskal's passport was found. He was the Belgian diamond exchange broker.

It was obvious from the different and contradictory confessions that the mentioned expenses were not even close to the amount of money given to the uncle of C.R.N.M. (accused of the fourth order).

In order to complete the evidences and build up the whole story, the investigating authorities turned to the INTERPOL on several occasions. However, there was no response. Since it could not be proved how the officials in Sierra Leone were bribed, there was no accusation.

d.) The bank employee, who gave professional advice to the accused C.R.N.M. taking into account their earlier acquaintance (as an ex-classmate), was not accused. The reason was twofold: it could not be clearly proved that the bank employee was aware that his friend's aim was to evade the laws on foreign currency - in this case he would have been accessory (accomplice) to the crime violating the act on foreign currency. Nor could be proved if he had received anything for the advice. Moreover, there was no evidence if he had participated in the arrangement of his friend's case. If it had been proven that for his advice the bank employee accepted a favour (advantage) as an administrator of C.R.N.M.'s case, he could have been punished. In this way, however, even the criminal procedure could not start. Nonetheless, without this advice and relationship, there would have been a much greater risk in the transfer of money to abroad.

e.) Dr. R.M. lawyer, and his companions were punished. The lawyer was sentenced because he told he would bribe an officer, and the court punished him for trafficking in influence while pretending bribery.

Mrs. H.M.F. and M.E., who gave the money, were sentenced for bribery. Dr. R.M. was sentenced for imprisonment suspended for a 2 year term of probation. The court imposed HUF 270 thousand fine on Mrs. H.M.F. and M.E., and they were sentenced to pay the HUF 10 million advantage for the state (this sum was to be confiscated).

The production of evidence for this crime was not as easy as in the case of B.P. and H.T. There was no witness, no tape recording and even the acknowledgement of receipt was lost. Furthermore, a witness to save the accused B.P. and H.T. appeared: the manager of SAL Ltd., a partner of Mikroker Ltd., said that he received the HUF 10 million from Mrs. H.M.F. as a business credit (this money was the subject of bribery).

Nonetheless, the court assigned special importance to the confession of M.E. accused of the fifth order. Until his detailed, spontaneous and voluntary confession the court did not know about the corruption case. M.E. was supposed to report on something else for the police, when suddenly he told the mentioned story of bribery. Later he gave different pretexts to withdraw the rather convincing confession, however, for the court it was unbeatable.


(GKI Economic Research Co., 2000)

Updated: 2001-06-06 12:51
© Hungarian Gallup Institute, The Gallup Organization