By Linny Folau

Two women, including a former police officer, who advertised an illegal pyramid scheme, were ordered by the Supreme Court to pay $4,000 each or in default face imprisonment.

Vaiola Tupa and 'Anaseini Pongi were convicted by Justice Niu after a trial on 4 March, on the joint count of advertising an illegal pyramid scheme, contrary to section 3A of the Financial Institutions Act. 

Hon Justice P. Tupou KC sentenced them on 31 August at the Supreme Court in Nuku’alofa. 

She said the offending was on 29 November 2020 at Kolomotu'a, when both advertised the scheme and where profits to be earned by the participants in the scheme largely depended on the increase in the number of participants in the scheme. 


Mrs Pongi who lives in Te'ekiu in her record of interview with the police explained that she joined and paid approximately $1,800.

She was then to recruit eight people before she could "harvest" any money. She harvested $8,295. She said that others like her had harvested their share but had to pay it back so that new recruits could be repaid their money back. She said they collected $30,000 but could not repay everyone. 

Mrs Tupa who lives in Ngele'ia was dismissed after 22-years of service in the Tonga Police because of this offending. 

“Both were entitled for deductions for their clean record, expression of remorse albeit late and assurances not to re-offend.”

The judge said section 4(2) provides a penalty of a fine, imprisonment or both and in considering the maximum penalty set by Parliament: "I am of the view that a starting point of $3,000 is too low and to set such a low starting point ignores Parliament's intended treatment of this offending.

The judge fined both with $4,000 pa'anga to be paid within six-months from the date of this order, or face one month of imprisonment, on failure to pay.

"This sentence should act as a warning that pyramid and/or ponzi schemes are illegal in Tonga and anyone thinking of operating such a scheme will face severe punishment."