Prime
Bank Guarantee Scams Investment Fraud Schemes Offering High-Yield Instruments
Scam
Impressive names used in prime bank trading programs
Your best friend,
knowing you can keep a secret, introduces you to his financial advisor who
agrees, after some convincing, to let you in on a special:
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roll program
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bank secured trading program
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high-yield investment program
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leveraged pool
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bank debenture trading program
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currency trading program
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off balance sheet program
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money center instrument purchase
and resale program.
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which deals in the
high-finance world of trading in:
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world bank paper
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Federal Reserve notes
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blocked fund letters
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IMF issued bonds
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standby letters of credit
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prime bank notes, guarantees or debentures
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bankers acceptances
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Bills of Exchange or Bills of
Equity
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commercial bank credit lines
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irrevocable letters of credit
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"zero interest" credit
instruments or letters of credit
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the arbitrage of senior bank
instruments
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Medium Term Notes (MTN)
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currencies, commodities, gold and
other financial instruments.
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using one or more of the
following terms
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freely negotiable, unconditional,
irrevocable, clear SWIFT wire transfers
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callable conditional sight drafts
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international banking days
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ICC (International Chamber of
Commerce) 400/500
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UCC (Uniform Commercial Code) form
references
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fresh-cut or seasoned paper
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collateral houses, sources or
suppliers
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validation of the MCC (Master
Collateral Commitment)
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irrevocable, non-retractable
commitment of funds to purchase instruments.
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How Prime Bank Guarantee Scams Work
They offer you extremely
high yields in a relatively short period of time through access to "bank
guarantees" which they say they can buy at a discount and sell shortly
thereafter at an enormous premium.
You are told that
institutions like pension funds stand ready to buy "Prime Bank letters of
credit" from large banks, with purchases of over $100 million affording
the highest return, but because regulatory restrictions prevent the banks from
selling directly to institutional investors a middle man is required to handle
the transaction at a contractually prearranged profit.
The big banks around the
world supposedly lend each other money by issuing notes with face values of
$100 million or more. These notes can be resold a number of times at a discount
(profit) to other lenders so that the original issuer can reap a handsome
profit in a relatively short time. The term of the notes vary from 30 days to a
year or more.
As an insider they are
able to buy below par at, say 77 cents then sell for 79 cents on a continuous
basis. For example, if $10 million worth of "bank guarantees" can be
sold at about a two percent profit on ten separate occasions, or "traunches,"
you will receive a 20% profit in about thirty days.
An Exclusive Club
They say that "the Rothchilds and
the Rockefellers set up the process over fifty years ago during the creation of
the Marshall Plan as a means of utilizing Eurodollars which were beginning to
flow overseas, and to fund "off-the-balance-sheet" rebuilding
projects in developing countries."
They further explain: "The prime banks
have generally dealt only with the world's wealthiest, such as the Saudis or
the top financiers on Wall Street, in London or Geneva but competition has
opened it up." "Still, only big corporations, foreign
banks and ultra-wealthy investors know about the process."
They divulge that a
"Saudi oil sheik wants to invest seven billion dollars" and "the
Onassis family wants to invest $250 million dollars" in this very offering
which is "based on an arrangement among various governments to stabilize
the Eurodollar money supply using a handful of picked traders."
You are told not to
bother seeking professional advice because the information is reserved only for
those who participate in the program which is 'by invitation only'. You are
told that you are one of only a few people who will qualify in this undertaking
along with "an elite group of investors with access to extremely valuable
and highly confidential information."
The Magic of Pooling
The minimum investment
can be as high as $10,000,000, either from an individual, or a group of
individuals who pool their smaller investments. It's this pooling of investors'
funds which gives you the resources to purchase "prime bank"
financial instruments.
Brokers get involved to
help small investors pool their money to build it up to the minimum $10 to $100
million. You are also told that potential annual profits of 100% or more are
possible with little risk and you could yield up to five times your money in
two months, with such returns guaranteed.
For Your Eyes Only
They convince you to
transfer assets or borrow the money to invest in the program after signing
special non-disclosure and non-circumvention agreements which prevent you from
talking about the deal with anyone, including lawyers or financial advisors
because you are joining "a privileged group getting in on a very exclusive
investment which relies on secrecy."
All transactions are to
be kept strictly confidential by all parties and for this reason no client
references will be available. In an effort to lull you into inaction, they
emphasize that the market for these instruments is so secret that the
institutions involved and even regulatory agencies will deny the existence of
the program if asked.
You risk being permanently
expelled from participating in these transactions along with being hit with a
massive bank-backed breach of contract lawsuit should you attempt to
independently investigate the offering.
"Keep
this information secret. If anyone finds out I am doing this for you, the deal
is off."
You are also told not to
phone the bank listed on the documents because they cannot acknowledge the
existence of such an arrangement unless you are the principle investor ( $10
million on deposit ) and besides, the process is so restricted that even the
low level staff, such as bank managers, wouldn't know about it even if you did
ask.
He says that the returns
offered are considerably higher than are available under normal market
conditions and, therefore, if this activity was not kept secret it could not
exist for the simple reason that it would make it very difficult for
governments to fund treasury securities or for banks to offer conventional
instruments such as CDs and GIC's paying far less.
"If
it was widely known about, people wouldn't settle for much lower returns. They
would seek out this instrument. So the only way it can be handled is on a very
private basis where people make the application in highly structured ways and
if allowed to participate they get access to a direct contract."
Proof of Authenticity
The notes are shown to
be issued and guaranteed by large, well-known international banks like
Barclays, Lloyds Bank, Chase Manhattan and Deutsche Bank.
When you ask why the
banks offer the paper so cheaply they note that there are several factors
involved such as:
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the banks are currently funding
credit card receivables at 28% so 2% is nothing,
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the
International Monetary Fund is funding covert development aid to African
governments,
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executives
at the bank are taking part of the skim themselves and want it to continue,
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the
money goes to finance international investments such as roads and health care
facilities, and
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world
bank loans to Third World countries get written off in the end.
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They tell you that they
have no interest in stealing your money because they make enough from the deal
already and want to have you participate in the next program so you can both
get rich together.
Many exotic sounding
banking terms are used which are confusing to all but the professional banker
or investor. Soon you feel too self-conscious and ignorant to ask further
questions. As the investment appears to involve overly complex loan funding
mechanisms this makes even a questionable investment appear worthwhile.
When you ask for
references you are shown high-quality documents emanating from institutions
such as the U.S. Federal Reserve, the IMF, the World Bank, the Bank of England
and even the Queen of England to win your confidence but, with the secrecy
provisions, there is no way to check their authenticity.
They even question
"your" integrity when they suggest you might have to have a
background check done by Scotland Yard or Interpol to ensure that your funds
are not from money laundering or drug sources.
They may offer the
return of your investment in "a year and a day" and produce complex
forms required by the International Chamber of Commerce (ICC) under the
specific guidelines known as ICC 500.
The U.S. government
issued its first warning about prime bank note frauds in 1993, but the
publication of the bookThe Creature From Jekyll Island in 1994 by G. Edward
Griffin continues to fuel new investor interest in prime bank notes. The book,
which promoters of prime bank notes urge skeptics to read, describes a
labyrinth of secret transactions that enable the Federal Reserve system,
governments and international banks to control the U.S. and world economies.
As Secure As They Come
You may be told that as
an investor, and not a principle (you don't have $10 million), you either have
no personal security or that there is no need to worry because every penny is
fully secured by a Letter of Credit, a bank-endorsed guarantee or other
guaranteed bank certificate backed by the world's top or "prime
banks." The word prime is synonymous with the phrase "top fifty world
banks" and is used to refer to financial institutions of high repute and
financial soundness.
They could also say it
is both risk-free and sanctioned by the International Monetary Fund, that it
has an "IMF Number", an "IMF Country Registration Number,"
or an "IMF Approval Number for Projects."
The Charity Angle
You may be told that the
profits are so vast that you can’t expect to retain all the money because the
Federal Reserve expects you to sponsor humanitarian projects in the Third
World. They will often have set up the infrastructure and name for this
benevolent organization which is simply another layer of deception to add
complexity and an aura of respectability to the whole operation and to
counterbalance any twinges of guilt you might have when feelings of greed pass
over you.
You are then shown a
full-colour glossy brochure complete with pictures of crying malnourished
children, maps and graphs and are then asked to pick your favourite amongst
such worthy objectives as irrigation projects, cornea transplants for the blind
or Nicaraguan housing developments for the poor.
Save Taxes Too!
You are intrigued when
told that it is possible for a shrewd investor to utilize a tax haven country,
with their help, so that no tax need be paid on your phenomenal returns.
They encourage you to
send your money to a foreign bank, where it is eventually transferred to an
offshore account that is solely with in their control. Should you wish to make
any trouble they will threaten to ruin your credit history with their massive,
but non-existent, resources.
You are offered an
investment in Global Investments Networks' "High Yield International
Private Investment Program". The written materials state that the
investment offers an excellent yield of 3% interest per month for a
twelve-month period, with very little risk.
They include
illustrations of the compounded return that can be achieved at this rate for an
investment of $10,000 and multiples of $10,000. Your money is to be managed
through a cooperative agreement between a program manager and a "licensed
chartered bank."
The funds will be
deposited into a "blocked account" at the bank. The funds are secured
by a guarantee issued by a "Top Money Center Bank" and are to be used
for trading bank debentures which are regulated by the International Chamber of
Commerce. The materials characterize these programs as "highly privileged
insider opportunities."
The materials do not
identify the principals in Global Investments Network Ltd., their track record,
the identity of the program manager, the bank where the funds will be
deposited, the identity of the "guarantee" bank, what role or
compensation Global is to receive, or what basis they have for the claim to be
able to pay investors 3% per month.
The materials do include
instructions on how to invest, a letter of intent and a private placement
application, as well as a form to verify that you have not been convicted of a
felony or involved in any white collar crimes, terrorist activities, money
laundering or bank fraud.
These are to be
completed by you and returned, together with proof of funds on deposit in a
financial institution after which they promise to quickly relieve you of your
money.
A Big One That Got Away
After a career which
started as a registered rep in a small securities firm, a 69 year old MBA
graduate eventually started his own firm which specialized in private
placements and limited partnerships. From here he tried to get representatives
at John Hancock Life Insurance Company in Boston to invest in certain
"prime bank guarantees" and "standby letters of credit".
He claimed in
correspondence that through these investment vehicles John Hancock would be
guaranteed unusually high returns by purchasing credit instruments issued by
the worlds top 100 banks at a deep discount, and then reselling them in a
secondary market at a profit.
He stated that the
instruments were zero-interest Standby Letters of Credit (SLCs) issued for
one year and a day, and Prime Bank Guarantees (PBGs) issued for ten years
and a day, and bearing interest at the rate of 7.5%, payable annually, in
arrears.
He claimed that bankers
have been attracted to the use of these off-balance sheet instruments because
of regulatory pressure to improve capital ratios, and because they offer a way
to improve the rate of return earned on their assets. Further, he stated that
while their issuance was unregulated, the instruments are standardized under
rules of the International Chamber of Commerce.
He offered investment
packages, or roll programs, with various rates of return and minimum investment
requirements of millions, to hundreds of millions, of dollars. After the first
three letters had been received, John Hancock staff began questioning the
legitimacy of the instruments offered and asked for verification from him.
He explained in
subsequent correspondence that the instruments are not well known because they
are not required to be registered; that transactions are private, almost
entirely bank-to-bank; and there are strictures against solicitation.
He encouraged John
Hancock representatives to learn about the instruments by requesting from their
bank a letter confirming the company's availability of funds to engage in such
investments. In later correspondence he said he tried to contact the banks used
by John Hancock, but that "because of the extreme privacy of the
transactions, and the great confidentiality with which all parties treat their
relationships with all other parties, it has been slow and difficult
going."
With one memorandum, he
purported to attach as proof of the existence of PBGs an agent's quote on $250
billion in PBGs issued by top 25 European banks.
Eventually John Hancock
representatives contacted Morgan, Lehman Brothers, Goldman Sachs, and the
London office of IBCA, John Hancock's foreign bank rating agency, and received
responses that confirmed that the investment scheme was likely a scam. They
continued their investigation and received confirmation that the instruments
were of a type found in an internationally recognized, fraudulent scheme.
Confronted with these
facts the promoter stated that he believed that the securities were legitimate,
and did not know that the securities did not exist. He also believed that he
was to receive a commission, after the successful sale of prime bank
securities, from the issuer or seller of the securities, rather than John
Hancock.
You Don't Even Look Japanese
Even after being advised
by his employer that Certificates A-1263 and A-1266, purportedly representing
Japanese Yen Bonds valued at approximately $1.6 billion, appeared to be a scam,
one broker contacted officials at Prudential Securities for the purpose of
depositing the certificates for eventual sale to the public, still of the
opinion that his employer did not understand these instruments.
Prudential themselves
established that the certificates were fraudulent but he still arranged a
meeting in New York in an unlawful effort to deposit them.
Clinging to his
delusion, he later even dismissed the sworn deposition testimony of a longtime
deputy of the Japanese Ministry of Finance (which stated that they were
counterfeit and fictitious), because he was not the "actual" Minister
of Finance.
An Attorney With Power
Continental Capital
Markets, Inc. who claim to be the lawyers and trustees of several large trusts,
offers an investment program in which they say that your money will be used to
trade in Prime Bank instruments and discounted letters of credit. They say that
they have the ability to trade the instruments at the prime banks of the world,
buying them at a discount, and then selling them at a guaranteed profit. They
tell you that trading in such instruments will double your money in a year's
time without ever putting your money at risk.
They encourage you to
travel to their intermediaries' lavish, but temporarily rented, suite of
offices in London or Switzerland where cigars and brandy are offered all
around. You are excited to be a part of this mysterious and affluent world of
international finance as they explain how they are successfully trading
millions of dollars in such instruments.
You sign a power of
attorney which provides that at all times either your money or documents
evidencing the purchase of these instruments will be in your account. The
powers of attorney are to give them access to the money solely for the purchase
of the investment instruments. They tell you that your money is safe because
the account is in your name and the money can only be withdrawn in order to
purchase the Prime Bank instruments.
Despite the provisions
of the powers of attorney limiting its use, they withdraw your money almost as
soon as it is deposited. They also arrange to have the bank send the account
statements to them, rather than to you, so as to hide from you the fact that
they have taken the money out of your account.
They use some of the
funds to make payments back to you as interest every week or two representing
the profits from trades, in order to lull you into believing that your
investments are safe while they lure others into the scheme with your
enthusiastic help.
The Light Of Day
The sad part is that you
may not fully appreciate your true fate until years later. The brokers will
keep the dream alive by saying that the profits have been reinvested and may
even attempt to lure you into another scheme before you realize what you are
into.
No Poor Victims Allowed
Con artists reach
investors in different ways; over the phone, in person and via the Internet.
One company sought investors with a web offering which referred to Bank
Debenture Trading programs under the heading: "An Introduction to the
International Chamber of Commerce - How the Rich Make Money."
Even group seminars are
arranged for savvy investors at local hotels and convention centers where
investors are told their minimum investment requirements of $25,000 will yield
$1.9 million in two years.
Many prime bank scam
victims are senior citizens. With interest rates at 30-year lows and the stock
market setting record highs, many investors, especially the elderly who favour
interest and dividend income, are vulnerable to bogus prime bank investments
that promise "risk free" annual returns of 20% to 200% or more.
Individuals are not the
only victims however. County treasurers and small town financial officers are
considered easy prey. In New Mexico, the city of Clovis lost $3.5 million in a
prime bank scheme. Victims of a $600 million prime bank fraud involving
securities purportedly issued by Banka Bohemia A.S., a bank located in Prague,
Czech Republic, included charitable organizations, municipalities, and other
institutional investors.
For example, the
National Council of Churches of Christ, a not-for-profit charitable
organization, paid $7.98 million to purchase $13.2 million face value of
"prime bank guarantees" purportedly issued by Banka Bohemia. The
Chicago Housing Authority's Benefit Plan invested at least $12.5 million in a
purported "Roll Program."
One fictitious trading
program which involved the pooling of investor funds to purchase and resell
deeply discounted bank instruments at a profit sold at least $6,239,000 worth
of hot air to at least four groups of investors, including an Ecuadorian
charity for underprivileged girls.
He lured investors into
the program by saying the investments would be risk-free and would generate
tremendous profits ranging from 20% to 100% at least every ten international
banking days. Regardless of his "personal guarantee" they lost all of
their principal.
The simple rule of
investing is the higher the possible profit the higher the risk. If anyone
claims that a high yield investment has no risk, don't believe it.
There are no risk-free
returns of 18%; not with 30-year Treasury bonds yielding 5% today but there
will always be a group of investors who insist on believing that there are
"secret investments" which pay high returns with no risk.
While foreign banks do
use instruments called "bank guarantees" in the same manner that U.S.
banks use letters of credit to insure payment for goods in international trade,
such bank guarantees are never traded or sold on any kind of market.
The International
Chamber of Commerce makes rules for the conduct of trade, among them the
uniform Customs and Practice for Documentary Credits (UCP), whose current
version is known as UCP 500, but it does not issue or endorse any financial
instruments that can be traded, nor does it provide guarantees for such
instruments.
The IMF is an
intergovernmental organization whose financial transactions and operations are
carried out directly with its member countries and only through a fiscal agency
designated by each member for this purpose (such as the member's Central Bank
or its Ministry of Finance). The IMF does not operate through other agents and
it does not endorse the activities of any bank, financial institution, or other
public or private agency.
The Office of the
Comptroller of the Currency which oversees national banks sees an increasing
volume of bogus investment proposals being promoted towards banks and
municipalities to leverage investment portfolios through some type of secondary
market activity.
These programs purport
to generate high yields - up to 10% or more per month - at no risk to the
original investment because they are alleged to be under management or the
personal supervision of the Federal Reserve Bank and the chairman of its board.
These programs may
utilize deposit, trust, or safekeeping accounts at major financial institutions
and although they purport to remain under the investor's control at all times,
this is not assured because of ambiguous working, program changes, or other
seemingly insignificant events that provide opportunities for access by other
than the institutions authorized employees.
How Big Is Big?
According to the
International Chamber of Commerce's commercial crime bureau, this type of scam
involves $10 million U.S. daily in North America alone. They believe that the
millions of dollars in losses reported every year represent only 10% of the
total.
It is a crime which
flourishes particularly strongly in today's global markets, with its voracious
appetite for capital. The ease and speed with which documents and vast sums of
money can be exchanged electronically makes vigilance all the more necessary.
There Must Be A Law
A number of prime bank
securities fraud cases have been prosecuted by the SEC and federal criminal
authorities. For example, one group which raised at least $10 million from a
nonprofit corporation through the sale of prime bank notes were subsequently
charged with wire fraud, money laundering and conspiracy, with sentences
ranging from 11 to 19 years.
Prime bank fraud can
currently be prosecuted under a variety of federal criminal statutes such as
mail fraud (18 U.S.C. 1341), wire fraud (18 U.S.C. 1343) and conspiracy (18
U.S.C. 371).
Should you require more
information on this topic the SEC has a special section devoted to Prime Bank Scams.
I have read your info on
bank guarantees and letters of credit and how the con artist does it. When I
was approached it was all very similar, placing money in an offshore account
etc, but the difference was he said to me:
"Say you want to
make $1 million, what you do is place about $35,000 or 3.5% in your account.
That goes to The Bank of Cyprus where you are getting a corporate loan
guarantee from them for $1 million with the 3.5% as security and
collateral."
"That gets
presented to the Deutchse Bank from the Bank of Cyprus. Deutchse Bank then
releases into your account about 85% of the money. Then what you do is trade
for 6 months, move money away over that time, then go into liquidation."
Does what I am saying
make any sense. I would love to have your feedback on this.
Rueben 02/28/02
One bond scam works as
follows:
Client offers to come
into the financial institution wanting to buy $500 million Medium term discount
notes (issued by various institutions, including, ABN AMRO, Deutsche Bank and
Anker Bank ) in lots of $100 million each at a price of 82% if face value.
The offer continues to
state that the market value for these instruments is 95% of face value and
therefore offers no risk to the Company purchasing the notes or to the lending
institution. Transactions are to be done via a SWIFT Communication. Similar
request may involve US Treasury medium term notes.
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