I'm not sure whether this is better suited to you/economist, but I THINK you might be able to help me? I have an antagonist who's very wealthy. Has her own company, investments, on the board of other companies, properties, diversified assets, etc. But I want her to be left with basically none of that by the end, and I was wondering what the best way to drain her accounts/assets would be. Thanks!
I actually dragged @scripteconomist away from exams long enough to discuss this. There are a few things that you are going to need to consider, but hopefully we have some options that might work for you.
First, how wealthy is she? There are levels to being rich that are sometimes difficult to conceptualize if you arenât rich. I personally follow this adage regarding the difference between ârichâ and âwealthyâ âRich people work for wealthy people.â That means, your CEOs, CFOs, etc are Rich, and people that own large corporations are Wealthy. Wealthy people donât have to work for their money. But other people have different ways of defining the words. The reason I bring this up is, I did a quick google of âMillionaires who lost it allâ and most of the results talk about professional athletes, musicians and lottery winners. Those are all people whose money depended on a short-lived source. If they mismanage it and spend it all, then thereâs no source for new income (some musicians have a longer career than others, and can make a comeback, but itâs difficult for athletes to do the same). But a lot of those stories also talk about how theyâve rebounded since and what they are doing now. Maybe they arenât worth the same amount, but many arenât in poverty.
But if you consider people with generational wealth, that money is self-replicating. Their parents and grandparents and so on have already set up the structures needed for the money to continue. The people in the super wealthy tier tend to be from generational wealth (old money, if you like), though a lucky few have managed to get there in their own lifetimes. Now consider âlosing it allâ when talking about billions of dollars. How much is all? If you inherited 8 Billion and lost 4 Billion, youâre still very wealthy. So you need to consider, how much is she worth, how much does she actually have to lose in order to consider it âlosing it allâ? How low do you want her to be at the end? Does she literally only have the clothes on her back? Is she learning what itâs like to struggle to pay bills each month? Is she still pretty well off without having to worry as long as she manages her money, but no more buying yachts?
Second, how do you want her to lose the money? Is this something you want another character to be responsible for enacting? Do you want her to be the agent of her own downfall? Do you want it to be something out of anyoneâs control?
In order to lose it all, she needs to lose three things:
her personal assets (including shares in other companies)
her reputation (so that she canât work back up from another company).
If she has her own company and is wealthy, she most likely has it set up as a corporation to limit her liability. That means that if the company has to liquidate to pay debtors, only the company assets can be touched and her personal assets are safe. So her liability is limited to what she put into the company and she is protected from losing more than that.
Out of anyoneâs control: You say sheâs well diversified. Thatâs definitely something that she would do. She would own stocks in different companies, different industries, and different areas. All of this lowers her risk of losing all her money. But there is also non-diversifiable risk, or market risk. This is the risk that the market as a whole will drop out in its best recreation of late 1929. This could happen from war, extreme natural disasters that hit a large number of major companies in different industries, alien invasion, and bubble situations like the build up to 1929 and 2008. This could make her lose her company. This could make some of the companies that sheâs on the board of have to close. But some companies will rebound better than others and she might survive it. Also, unless sheâs overextended herself by using personal loans to purchase the shares that plummet in worth, sheâll still have her personal, non-stock related, assets to fall back on. Of course, you could have the natural disaster/war/aliens destroy those as well. Sheâll at least be hurting for awhile.
The agent of her own demise: Sheâs involved in some shady dealings. Maybe she embezzled, Maybe she ran a Ponzi scheme. Maybe she did insider trading. Maybe she made really bad decision for her company that causes it to fail. Maybe she did all of the above. Maybe she set up a Ponzi scheme to get money to pay for a new venture with her company based on faulty projections or just because she ignored what her advisors said and overextended herself. Then when the return on investment wasnât what she expected, she embezzled from the other companies that sheâs involved with and used information from being on the boards to perform insider trading both to try to rescue her company and pay off the people in her Ponzi scheme. But then sheâs caught. The Ponzi scheme collapses because thatâs what they do, the embezzlement and insider trading is found out and sheâs in a load of trouble. Her company is already in trouble from the bad business move.
Sheâs now facing criminal and civil charges that compound so she canât save it. The company is liquidated (itâs generally easier to find a buyer for the assets of a company and then pay the debts, even though itâs better for the current owner if they can sell the company as liabilities will be assumed as well, but letâs say she has to do the first).
Letâs look at the charges sheâs facing:
Criminal penalties- up to 20 years in prison, up to $5M in fines per charge (if she traded as an individual; if the shares were traded under her corporation then up to $25M per charge).Â
Civil penalties - up to 3 times the amount gained or loss avoided from the trade made with the information. She may also be banned from trading (which will stop her from rebounding once sheâs out of prison).
Pyramid or Ponzi scheme:Â
Criminal penalties - depend on where she lives. The US does not have a federal law covering these, but the FTC may push for prosecution as fraud. For reference, Madoff pled guilty to securities fraud, wire fraud, and mail fraud and was sentenced to 150 years in prison.Â
Other examples of Ponzi schemes for research can be found on the link in this sentence.
Civil penalty - may have to pay restitution.
Criminal penalties - there is a statute of limitations of 5 years. The penalties will vary depending on how much she stole, but the maximum rating is for over $400M and will likely include fines of at least $250K per charge and 20-30 years in prison (maybe more if multiple counts are brought). The exact penalties may vary by state.Â
Civil penalties - restitution to victim(s).Â
Here is some more information about embezzlement and some example cases for research.Â
Here is a link to information about the US Federal laws for embezzlement including the different types.Â
 As you can see, those combined could not only drain quite a bit of cash, but also land her with some pretty serious jail time even if she can manage plea bargains.
Brought down by someone else: Divorce and theft. Maybe combined. If she didnât have a prenup, she could lose half of her worth in a divorce, depending on location (for example some states donât consider assets from before the marriage to be marital property and divisible, in the past a married woman could not own property so it would all be her husbandâs). If her neâer do well spouse used her trust to empty her accounts, sell her company and stocks, move it to an offshore account not linked to them, and maybe even set her up for one of the above to get her in trouble legally but thatâs not necessary, and then divorces her for half of whatever she has left.
For any of these that require selling the company, or liquidating it, you need to consider what type of company it is. Construction or property can change fortunes very quickly. Liquidating a retail company is easier because most of the assets will be in inventory that is fairly liquid. While liquidating a manufacturing company that has a lot of capital tied up in expensive and specialized machinery will be more difficult. Itâs usually easier to find someone willing to buy the assets in a liquidation than to buy a company, so they may get more money selling the assets, especially if there has been a scandal tied to the company.
I hope this gives you some ideas and things to consider and places to start researching. Good luck!