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Warning
The purpose of this notice is to alert the public to persons who have reportedly
marketed investment schemes which appear to be fraudulent. Various "prime
bank" trading programs, or similar trading programs which purport to offer
above average market returns with below market risk through the trading of
bank instruments are fraudulent. Offering such programs, or claiming to be
able to introduce investors to persons who have access to such programs, violates
numerous federal laws, including
criminal laws.
It is illegal to engage in fraud in the offer or sale of a security. Under
most circumstances, it is also illegal to sell securities which have not been
registered with the U.S. Securities and Exchange Commission. A security includes
the following items:
"note", "stock", "bond", and "debenture" as
well as more general terms - "investment contract" and "any
interest or instrument commonly known as a "security".
In the leading opinion, the Supreme Court of the United States held that the
definition of a security includes an investment contract, which is "a
contract, transaction, or scheme whereby a person invests his money in a common
enterprise and is led to expect profits solely from the efforts of the promoter
or third party..." Designating such instruments as "loans" does
not alter their legal status as securities.
The Federal Bureau of Investigation as well as other federal and state agencies
have identified several characteristics common to fraudulent schemes. The characteristics
include:
*** Claims that investor funds can be placed in a bank account, and then used,
without risk, to trade bank debentures, or other financial instruments;
*** Claims that invested funds can be used to lease or rent U.S. Treasury
Obligations and then use these same leased securities as collateral for further
trading programs;
*** Claims that trading Medium Term Notes (MTN's), Prime Bank Notes, or any
other bank instruments, on a riskless basis, will yield above market average
returns;
*** Claims that Letters of Credit or Standby Letters of Credit can be traded
for profits.
In general, investment programs which offer secret, private investment markets,
which offer above market rates of return with below market rates of risk, for
privileged customers in Europe are fraudulent. There are no "secret" markets
in Europe, or in North America, in which banks trade securities. Any representations
to the contrary are fraudulent.
In addition, investment programs in which a financial institution is asked
to write a letter commonly referred to as a "Blocked Funds Letter",
advising that funds are available in the account, that they are "clean
and of non-criminal origin" and are free of "liens or encumbrances" for
a certain time frame are frequently used to perpetrate fraud schemes. These
letters have no use within legitimate banking circles.
Some phrases are commonly seen in documents presented by fraudsters in the
course of marketing fraudulent investment documentation. It should be treated
with suspicion. these include, but are not limited to:
-
Non-Circumvention, Non-Disclosure
-
Good, Clean, Clear and of Non-Criminal orgin
-
Blocked Funds Investment Program
-
Prime Bank Trading Program
-
Federal Reserve Approved
-
Roll Programme
-
Irrevocable Pay Orders
-
Prime Bank Notes, Guarantees, Letters of Credit, Fresh Cut Paper
Sources which can corroborate the above information include:
U.S. Treasury Department
Comptroller of the Currency
Enforcement and Compliance Division
250 E. Street, SW
Washington DC 20219
Securities and Exchange Commission
San Francisco District Office
44 Montgromery Street, Suite 1100
San Francisco, CA 94104
Telephone: 202=973-3021
As noted above, the marketing of fraudulent investment schemes violates federal
criminal laws. In order to report instances of suspected fraud, please contact
Special Agent John M. Cauthen of the Federal Bureau of Investigation, Sacremento
California Division at telephone (916)481-9110 or any of the above federal
entities.