A loan shark is a person or body that offers unsecured loans An unsecured loan is a loan that is not backed by collateral. Also known as a signature loan or personal loan at high interest rates An interest rate is the rate at which interest is paid by a borrower for the use of money that they borrow from a lender. For example, a small company borrows capital from a bank to buy new assets for their business, and in return the lender receives interest at a predetermined interest rate for deferring the use of funds and instead lending it to to individuals, often enforcing repayment by blackmail Blackmail is the act of threatening to reveal substantially true information about a person to the public, a family member, or associates unless a demand is met. This information is usually of an embarrassing, socially damaging, and/or incriminating nature. As the information is substantially true, the act of revealing the information may not be or threats of violence Violence is the expression of physical or verbal force against self or other, compelling action against one's will on pain of being hurt. Worldwide, violence is used as a tool of manipulation and also is an area of concern for law and culture which take attempts to suppress and stop it. The word violence covers a broad spectrum. It can vary from.

Throughout history, usury Usury originally meant the charging of interest on loans. This included charging a fee for the use of money, such as at a bureau de change. After interest became acceptable, usury came to mean the interest above the rate allowed by law. In common usage today, the word means the charging of unreasonable or relatively high rates of interest. The laws made loan sharks commonplace.[clarification needed] Many moneylenders skirted between legal and extra-legal activity. In the recent western world The Western world, also known as the West and the Occident , is a term that can have multiple meanings depending on its context (e.g., the time period, the region or social situation). Accordingly, the basic definition of what constitutes "the West" varies, expanding and contracting over time, in relation to various historical, loan sharks have been a feature of the criminal underworld Organized crime or criminal organizations is a transnational grouping of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for the purpose of generating a monetary profit. The Organized Crime Control Act defines organized crime as "The unlawful activities of [...] a highly organized,, but are otherwise rare. Loan sharks are common in the UK The United Kingdom of Great Britain and Northern Ireland[note 7] is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many small islands. Northern Ireland is the only part of the UK with a land and among the Italian Italy (pronounced /ˈɪtəli/ ; Italian: Italia [iˈtaːlja]), officially the Italian Republic (Italian: Repubblica italiana), is a country located partly on the European Continent and partly on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia. Italy shares its northern, Alpine Cosa Nostra The Mafia is a criminal brotherhood that emerged in the mid 19th century Sicily. It is a loose association of criminal groups that share a common organizational structure and code of conduct. Each group, known as a "family", "association", "clan" or "cosca", claims sovereignty over a territory in which it[citation needed] and Triads Triad is a term that describes many branches of Chinese underground society and/or criminal organizations based in Taiwan, Hong Kong, Singapore, Macau, Malaysia and Mainland China, and also in Western countries and cities with significant Chinese populations such as Paris, New York, Los Angeles, Seattle, Toronto, Vancouver, and the San Francisco in China China is seen variously as an ancient civilization extending over a large area in East Asia, a nation and/or a multinational entity.[citation needed]

Contents

History

The phrase "loan shark" came into usage in the United States late in the 19th century The 19th century was a period in history marked by the collapse of the Spanish, Portuguese, Chinese, Holy Roman and Mughal empires. This paved the way for the growing influence of the British Empire, the German Empire and the United States, spurring military conflicts but also advances in science and exploration to describe a certain type of predatory lender Predatory lending is a pejorative term used to describe unfair, deceptive, or fraudulent practices of some lenders during the loan origination process. While there are no legal definitions in the United States for predatory lending, an audit report on predatory lending from the office of inspector general of the FDIC broadly defines predatory. The lenders to whom these epithets were applied charged high rates of interest and designed their credit products in such a way as to make orderly retirement of the debt difficult. Borrowers became trapped by their loans and were unable to pay off the principal. The interest payments dragged on and many borrowers became virtual debt peons The words peon and peonage are derived from the Spanish peón [peˈon]. It has a range of meanings but its primary usage is to describe laborers with little control over their employment conditions. As Cobleigh explains, "The real aim of loan sharks is to keep their customers eternally in debt so that interest (for the sharks) becomes almost an annuity The term annuity is used in finance theory to refer to any terminating stream of fixed payments over a specified period of time. This usage is most commonly seen in discussions of finance, usually in connection with the valuation of the stream of payments, taking into account time value of money concepts such as interest rate and future value."[1]

Today loansharking tends to be associated in the popular mind with organized crime Organized crime or criminal organizations is a transnational grouping of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for the purpose of generating a monetary profit. The Organized Crime Control Act defines organized crime as "The unlawful activities of [...] a highly organized,. The stereotypical loan shark is often thought to be a gangster who extorts repayment of the debt with threats of physical brutality. Such loan sharks do exist, but the first loan sharks were not linked to crime families and they did not beat up delinquent debtors. The phrase was originally applied to salary and chattel mortgage lenders who operated at the turn of the twentieth century. These creditors dealt in small sums (most loans were less than $100) and they charged high rates of interest (between 10% and 20% a month, and sometimes more). Many of these cash advances were interest-only and required a lump-sum payment to retire the principal. As a result, loans that were supposed to be short term often dragged on for months and years. To pay one lender, the debtor often took out another loan in a process that was called "pyramiding." The loan sharks frequently colluded in encouraging this expanding chain of debt.[2]

To compel repayment, the first loan sharks secured their cash advances with chattel mortgages or wage assignments. A chattel mortgage entitled the lender to repossess Repossession is generally used to refer to a financial institution taking back an object that was either used as collateral or rented or leased in a transaction. Note that repossession is a "self-help" type of action in which the party having right of ownership of the property in question takes the property back from the party having household goods in case of default. A wage assignment gave the lender an enforceable claim on the debtor’s next wage payment. Because many employers at that time made it a policy to discharge employees against whom a wage assignment was filed, this instrument of security was especially effective in coercing debtors to keep making their payments.

Loan sharks tended to proliferate in big cities where there were large numbers of wage workers with regular paydays but modest salaries. These lenders operated out of cheap storefront offices and catered especially to government employees, factory hands, and office clerks. In the early decades of the twentieth century, it was estimated that one in five urban households in the United States borrowed from the loan sharks.[3]

Newspapers after the turn of the century were filled with stories about the plight of debtors who were being mauled by the loan sharks. Before the First World War, a progressive coalition emerged to fight on behalf of these consumers. This fight culminated in the drafting of the Uniform Small Loan Law, which brought into existence a new class of licensed lender. The model statute mandated consumer protections and capped the interest rate on loans of $300 or less at 3.5% a month or the equivalent of 42% a year. Its aim was to establish a reputable class of lenders that could satisfy the demand of loan shark victims at a substantially reduced rate. The law was enacted, first in several states in 1917, and was adopted by all but a handful of states by the middle of the twentieth century.[4]

Mafia links

Although the reform law was intended to starve the loan sharks into extinction, this species of predatory lender survived and evolved. After high-rate salary lending was outlawed, some bootleg vendors recast the product as "salary buying." They claimed they were not making loans but were purchasing future wages at a discount. This form of loansharking proliferated through the 1920s and into the 1930s until a new draft of the Uniform Small Loan Law closed the loophole through which the salary buyers had slipped.[5] Salary-buying loan sharks continued to operate in some southern states after World War Two because the usury rate Usury originally meant the charging of interest on loans. This included charging a fee for the use of money, such as at a bureau de change. After interest became acceptable, usury came to mean the interest above the rate allowed by law. In common usage today, the word means the charging of unreasonable or relatively high rates of interest. The was set so low that licensed personal finance companies could not do business there.[6]

Organized crime began to enter the cash advance business in the 1930s, after high-rate lending was criminalized by the Uniform Small Loan Law. The first reports of mob loansharking surfaced in New York City New York is the most populous city in the United States, and the center of the New York metropolitan area, which is one of the most populous metropolitan areas in the world. A leading global city, New York exerts a powerful influence over global commerce, finance, media, culture, art, fashion, research, education, and entertainment. As host of the in 1935, and for 15 years, underworld money lending was apparently restricted to that city.[7] There is no record of syndicate "juice" operations in Chicago, for instance until the 1950s. In the beginning, underworld loansharking was a small loan business, catering to the same populations served by the salary lenders and buyers. Those who turned to the bootleg lenders could not get credit Credit is the provision of resources by one party to another party where that second party does not reimburse the first party immediately, thereby generating a debt, and instead arranges either to repay or return those resources (or material(s) of equal value) at a later date. It is any form of deferred payment. The first party is called a at the licensed companies because their incomes were too low or they were deemed poor risks. The firms operating within the usury cap turned away roughly half of all applicants and tended to make larger loans to married men with steady jobs and decent incomes. Those who could not get a legal loan at 36% or 42% a year could secure a cash advance from a mobster at the going rate of 10% or 20% a week for small loans. Since the mob loans were not usually secured with legal instruments, debtors pledged their bodies as collateral.[8]

In its early phase, a large fraction of mob loansharking consisted of payday lending. Many of the customers were office clerks and factory hands. The loan fund for these operations came from the proceeds of the numbers racket and was distributed by the top bosses to the lower echelon loan sharks at the rate of 1% or 2% a week. The 1952 B-flick A B movie is a low-budget commercial motion picture that is not definitively an arthouse or pornographic film. In its original usage, during the Golden Age of Hollywood, the term more precisely identified a film intended for distribution as the less-publicized, bottom half of a double feature. Although the U.S. production of movies intended as "Loan Shark," starring George Raft, offers a glimpse of mob payday lending. The waterfront in Brooklyn was another site of extensive underworld payday advance operations around mid-century.

Over time, mob loan sharks moved away from such labor intensive Labor intensity is the relative proportion of labor used in a process. The term "labor intensive" can be used when proposing the amount of work that is assigned to each worker/employee (labor), emphasizing on the skill involved in the respective line of work rackets. By the 1960s, the preferred clientele A customer is usually used to refer to a current or potential buyer or user of the products of an individual or organization, called the supplier, seller, or vendor. This is typically through purchasing or renting goods or services. However, in certain contexts, the term customer also includes by extension any entity that uses or experiences the was small and medium sized businesses. Business customers had the advantage of possessing assets that could be seized in case of default, or used to engage in fraud or to launder money. Gamblers were another lucrative market, as were other criminals who needed financing for their operations. By the 1970s, mob salary lending operations seem to have withered away in the United States.[9]

At its height in the 1960s, underworld loansharking was estimated to be the second most lucrative franchise of organized crime in the United States after illegal gambling. Newspapers in the 1960s were filled with sensational stories of debtors beaten, harassed, and sometimes murdered by mob loan sharks. Yet careful studies of the business have raised doubts about the frequency with which violence was employed in practice. Relations between creditor and debtor could be amicable, even when the "vig" or "juice" was exorbitant, because each needed the other. FBI The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency. The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime. Its motto is the backronym of FBI, "Fidelity, Bravery, agents in one city interviewed 115 customers of a mob loan business but turned up only one debtor who had been threatened. None had been beaten.[10]

Organized crime has never had a monopoly In economics, a monopoly (from Greek monos / μονος + polein / πωλειν (to sell)) exists when a specific individual or an enterprise has sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it. (This is in contrast to a monopsony which relates to a on black market In modern societies the underground economy covers a vast array of activities. It is generally smaller in countries where economic freedom is greater, and becomes progressively larger in those areas where corruption, regulation, or legal monopolies restrict economic activity in various goods, services, or trading groups.[citation needed] lending. Plenty of vest-pocket lenders operated outside the jurisdiction of organized crime, charging usurious rates of interest for cash advances. These informal networks of credit rarely came to the attention of the authorities but flourished in populations not served by licensed lenders. Even today, after the rise of corporate payday lending in the United States, unlicensed loan sharks continue to operate in immigrant enclaves In political geography, an enclave is a territory whose geographical boundaries lie entirely within the boundaries of another territory and low-income neighborhoods. They lend money to people who work in the informal sector The informal sector is economic activity that is neither taxed nor monitored by a government, and is not included in that government's Gross National Product , as opposed to a formal economy or who are deemed to be too risky even by the check-cashing creditors. Some beat delinquents while others seize assets instead. Their rates run from 10%-20% a week, just like the mob loan sharks of yesteryear.[11]

UK loan sharks

The research by the government and other agencies estimates that 165,000 to 200,000 people are indebted to loan sharks in the United Kingdom. Loan sharking is treated as a high-level crime by law enforcement, due to its links to organized crime and the serious violence involved.[12]

Non-standard lenders in the United States

In the United States, there are lenders licensed to serve borrowers who cannot qualify for standard loans from mainstream sources. These smaller, non-standard lenders often operate in cash, whereas mainstream lenders increasingly operate only electronically and will not serve borrowers who do not have bank accounts. Terms such as sub-prime lending Subprime lending in finance means making loans that are in the riskiest category of consumer loans and are typically sold in a separate market from prime loans. The standards for determining risk categories refer to the size of the loan, "traditional" or "nontraditional" structure of the loan, borrower credit rating, ratio of[citation needed], "non-standard consumer credit"[citation needed], and Payday loans A payday loan is a small, short-term loan that is intended to cover a borrower's expenses until his or her next payday. The loans are also sometimes referred to as cash advances, though that term can also refer to cash provided against a prearranged line of credit such as a credit card (see cash advance). Legislation regarding payday loans varies[citation needed] are often used in connection with this type of consumer finance Consumer finance in the most basic sense of the word refers to any kind of lending to consumers. However, in the United States financial services industry, the term "consumer finance" often refers to a particular type of business, sub prime branch lending . This branch of the financial services industry is more extensive in the United. The availability of these products has made illegal, exploitative loan sharks rarer, but these legal lenders have also been accused of behaving in an exploitative manner. For example, payday loan operations have come under fire for charging inflated "service charges" for their services of cashing a "payday advance", effectively a short-term (no more than one or two weeks) loan for which charges may run 3-5% of the principal amount. By claiming to be charging for the 'service' of cashing a paycheck, instead of merely charging interest for a short-term loan, laws which strictly regulate moneylending costs can be effectively bypassed.

Payday lending

Main article: Payday loan A payday loan is a small, short-term loan that is intended to cover a borrower's expenses until his or her next payday. The loans are also sometimes referred to as cash advances, though that term can also refer to cash provided against a prearranged line of credit such as a credit card (see cash advance). Legislation regarding payday loans varies

Licensed payday advance businesses, which lend money at high rates of interest on the security of a postdated check, are often described as loan sharks by their critics due to high interest rates that trap debtors, stopping short of illegal lending and violent collection practices. Today’s payday loan is a close cousin of the early twentieth century salary loan, the product to which the "shark" epithet was originally applied, but they are now legalised in some states.

A 2001 comparison of short-term lending rates charged by the Chicago Outfit organized crime syndicate and payday lenders in California revealed that, depending on when a payday loan was paid back by a borrower (generally 1-14 days), the interest rate charged for a payday loan could be considerably higher than the interest rate of a similar loan made by the organized crime syndicate.[13]

Yamikinyu in Japan

Main article: Sarakin {{Nihongo|Sarakin|サラ金} is a Japanese term for legal moneylender who make unsecured loan at high interest. . It is a contraction of the Japanese words for salaryman and loan (kin'yu ). Illegal loan shark who goes above legally permitted maximum interest is called Yamikin, short for Dark Finance (Yami Kinyu), and many of them lent at 10% for 10

The regulation of moneylenders is typically much looser than that of banks. In Japan, the Moneylending Control Law requires only registration in each prefecture The prefectures of Japan are the country's 47 subnational jurisdictions: one "metropolis" , Tokyo; one "circuit" (道 dō), Hokkaidō; two urban prefectures (府 fu), Osaka and Kyoto; and 43 other prefectures (県 ken). In Japanese, they are commonly referred to as todōfuken (都道府県?). Prefectures are governmental bodies. In Japan Japan is an island country in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south. The characters that make up Japan's name mean "sun-origin", which is why Japan is, as the decade-long depression lingers, banks are reluctant to spare money and regulation becomes tighter, illegal moneylending has become a social issue Social issues are matters which directly or indirectly affect a person, many or all members of a society and are considered to be problems, controversies related to moral values, or both. Illegal moneylenders typically charge an interest of 30 or 50 % in 10 days (in Japanese, these are called "to-san" ('to' meaning ten and 'san' meaning three) or "to-go" ('to' meaning ten and 'go' meaning five)), which is about 1800 % per annum. This is against the law that sets the maximum interest rate at 29.2 %. They usually do business with those who cannot get more money from banks, legitimate consumer loans, or credit cards.

Ah Long in Malaysia and Singapore

Ah Long (derived from the Cantonese phrase '大耳窿' (Jyutping: daai6 ji5 lung1) is a term for illegal loan sharks in Malaysia ^ b. The current terminology as per government policy is Bahasa Malaysia but legislation continues to refer to the official language as Bahasa Melayu (literally Malay language). English may continue to be used for some official purposes under the National Language Act 1967 and Singapore Singapore, officially the Republic of Singapore, is an island country off the southern tip of the Malay Peninsula, 137 kilometres north of the equator, in the Southeast Asian region of the Asian continent. It is separated from Malaysia by the Straits of Johor to its north, and from Indonesia's Riau Islands by the Singapore Strait to its south. A. They lend money to people who are unable to obtain loans from banks or other legal sources, mostly targeting habitual gamblers. They charge a very high interest rate (about 40% per month/fortnight)[citation needed] and frequently threaten violence Violence is the expression of physical or verbal force against self or other, compelling action against one's will on pain of being hurt. Worldwide, violence is used as a tool of manipulation and also is an area of concern for law and culture which take attempts to suppress and stop it. The word violence covers a broad spectrum. It can vary from (and administer it) towards those who fail to pay in time. [14][15]

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