SPECIAL REPORT
FRAUD ALARM TO ALL OF OUR CLIENTS
Prime Bank Trading Programs, High Yield Investment Programs, Roll Programs and Private Placement Programs
1.
Definition.
During the past
few years, there has been a significant increase in the number of reports received in connection with Prime Bank Instrument
fraud schemes that has now assumed epidemic proportions. Some current estimates indicate that investors have been defrauded
out of nearly ten billion dollars in the
United States alone. These fraud schemes have attracted significant international attention,
as individuals and organizations have lost billions of dollars throughout the world.
The symbols, names and products of the Treasury Department (Treasury) are misused in these
schemes in several ways. Some schemes claim that:
-the Treasury backs or approves such programs,
-the Treasury has a "secret
trading room",
-the Treasury must approve the humanitarian projects connected to these schemes, Treasury securities have
been purchased for investors to guarantee against any loss, and a particular scheme has a way to pool investor funds and buy
and sell Treasury securities "just like the Rockefellers can".
NONE
of these assertions are true.
"Prime Bank Instrument Fraud"
is the general term given to fraud schemes that go by many different names, including Prime
Bank Debentures, Prime Bank Guarantees, High-Yield Trading or Roll Programs, Standby Letters of Credit, International Chamber
of Commerce (ICC) 3039 or 3034 Letters of Credit, Guaranteed Bank Notes, Discounted U.S. Treasury Securities and International
Monetary Fund Backed Securities.
In these schemes, the fraud artists purport to have access to a secret
trading program sanctioned by the Federal Reserve Bank, the Treasury Department, the World Bank, the International Chamber
of Commerce or the International Monetary Fund. Claims are made that a privileged few are invited to participate in the trading
of some form of bank security such as bank guarantees, notes, stocks, or debentures, which can be bought at a discount and
sold at a premium.
It is often claimed that there are only 5 or 7 "traders" or "master commitment
holders" authorized to resell these bank securities between the top 25 or 50 world banks. By conducting these "trades" several
times a year/month/day, they claim to be able to produce exceptional returns, ranging from 6% to 100% per month. Legal documents
associated with these schemes often require the victim to enter into "non disclosure and non circumvention agreements" and
require the invested fund be "good, clean, clear and of non-criminal origin."
The purpose of these frauds is generally to encourage the victim to send money
to a foreign bank, usually in the Bahamas, the Cayman
Islands, or the Isle of Man, where
it is eventually transferred to an offshore account that is in the control of the con artist.
These various "prime
bank" trading programs or similar trading programs that offer secret, private investment markets, 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 people
who have access to such programs, violates numerous federal law; including criminal laws.
There are no "secret" markets 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.
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 that 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 such as "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. SEC v. W.J. Howey Co., et. al, 328 U.S. 293, 66 S. Ct.1100,
90 L.Ed. 1244 (1946).
IS IT REAL ? NO
How the
Fraudsters Explain this Secret World. The world of secret bank trading programs as depicted in the following link does not
exist.
While there is institutional trading of medium term notes and other debt instruments, there
is no world of secret, off-book trading by large European banks where "traders" or "commitment holders" are invited into the
mix.
For a fairly common example of how this fraudulent world is explained to potential investors,
please click here. (920kb pdf file, uploaded 05-24-01) The more
any explanation given to you resembles this explanation, the more likely you are being offered a fraudulent investment.
3.
The Warnings.
http://www.federalreserve.gov/boarddocs/SRLETTERS/1993/SR9361.HTM http://www.federalreserve.gov/boarddocs/testimony/1996/19960717.htm
*Federal Reserve Bank of New York
http://www.ny.frb.org/bankinfo/circular/10858.html
*International
Monetary Fund (IMF)
http://www.imf.org/external/np/sec/nb/1996/nb9614.htm
*World Bank
(IMF)
http://www.worldbank.org/html/extdr/extme/111.htm
*International
Chamber of Commerce (ICC)
http://www.iccwbo.org/home/news_archives/1998/banking_instrument_scam.asp
*Securities and Exchange Commission (SEC)
http://www.sec.gov/divisions/enforce/primebank.shtml
*Office of
the Comptroller of the Currency (OCC)
http://www.occ.treas.gov/ftp/alert/2001-3.txt
*Federal
Bureau of Investigation
http://newyork.fbi.gov/contact/fo/nyfo/fraudalert.htm#prime
*Department of Justice Fraud Alert
Click here. (316kb pdf file, uploaded 05-24-01)
*State of Connecticut
http://www.state.ct.us/dob/pages/primebnk.htm
*United States Department of Treasury Fraud Site:
www.treasuryscams.gov/cc/ccphony9.htm
So called "Limited Edition" United States Treasury Securities
+ historical Gold Bond Frauds
*SEC (Securities & Exchange Commission):
www.sec.gov/divisions/enforce/primebank.shtml
Warning to All Investors about Bogus "Prime Bank" and Other Banking-Related
Investment Schemes
*National Criminal Intelligence Service
www.ncis.co.uk
NCIS works with law enforcement agencies, government departments
and other relevant organizations nationally and internationally to gather and provide intelligence on serious and organized
crime.
*United States Secret Service
www.treas.gov/usss
The US Secret Service has primary jurisdiction to investigate
threats against counterfeiting of U.S. currency or other U.S. Government obligations; forgery or theft of U.S. Treasury checks,
bonds or other securities; credit card fraud; telecommunications fraud; computer fraud; identify fraud; and certain other
crimes affecting federally insured financial institutions
*The Law Society of England and Wales
www.lawsociety.org.uk
*Board of Governors of the Federal Reserve System
Division
of Banking Supervision and Regulation
www.federalreserve.gov/boarddocs/SRLETTERS/1993/SR9361.htm
Interagency Advisory warning concerning "prime bank" notes, guarantees,
and letters of credit and similar financial instruments (October 25, 1993)
*International Monetary Fund (IMF) Warning
www.imf.org/external/np/sec/nb/1996/nb9614.htm
News Brief - IMF again warns of financial schemes misusing its
name (November 18, 1996)
*World Bank Warning
http://www.worldbank.org/html/extdr/extme/111.htm
News Brief - World Bank warns of investment schemes misrepresenting
its name (December 1, 1999)
*International Chamber of Commerce
www.icc-wbo.org.
Spurious use of non-existent ICC Regulations
*PricewaterhouseCoopers:
www.pwcglobal.com/uk/eng/ins-sol/issues/ukind-secret_allsalliukeng.html
Uncovering secret market fraud - The myth that banks trade in
discounted instruments
*Alberta Securities Commission (ASC) Canada
www.albertasecurities.com/investor/alert2.html
Prime Bank Instruments Investor Alert - 'Certificates of Deposits,'
'Letters of Credit,' 'Bills of Exchange' etc.
*Connecticut Department of
Banking, Securities and Business Investments Division
www.state.ct.us/dob/pages/primebnk.htm
*Kentucky Department of Financial Institutions
www.dfi.state.ky.us/fraud/scams.html
Prime Bank Instruments - A new wave of fraud on the rise worldwide
*Serious Fraud Office London
www.sfo.gov.uk
*US
Treasury
www.occ.treas.gov/offices/enforcement/index
*State Department's Bureau of Diplomatic Security
http://ds.state.gov/index.html
Has criminal jurisdiction over investigation of Passport and
Visa Fraud as well as protection for all foreign diplomats in the US (except heads of State) and the Secretary of State; also
in charge of security at all US Embassies and Consulates overseas.
*Bureau of Alcohol, Tobacco & Firearms (ATF)
http://www.atf.treas.gov/
Jurisdiction over matters concerning alcohol, tobacco &
firearms.
*Customs
http://www.customs.ustreas.gov
Jurisdiction over imports and exports.
*Federal Bureau of Investigations (FBI)
http://www.fbi.gov
General investigative agency of the U.S. Department of Justice
*Federal Trade Commission (FTC)
http://www.ftc.gov
Jurisdiction over most consumer-oriented scams.
*Financial Crimes Enforcement Division (FinCEn)
http://www.treas.gov/fincen/
Watchgroup for money laundering and related activity, including
offshore activity.
*Internal Revenue Service Criminal Investigative
Division (IRS-CID)
http://www.treas.gov/irs/ci/index.htm
Investigative division of the Internal Revenue Service, including
tax evasion cases.
*Postal Inspection Service
http://www.usps.gov/websites/depart/inspect/
Jurisdiction over mail fraud.
The following are privately-run websites which may also be of assistance.
THE DILIGIZER BOARD
http://www.diligizer.com
Privately-run boards created for those who seek information regarding
the backgrounds of and/or the experiences others have had with individuals/entities who/which have offered or are offering
high-yield investment opportunities to investors worldwide. Also for those who wish to disclose the names and the events of
the activities of fraudsters who have attempted to or have scammed investors out of money and/or assets.
*The Regulatory Intelligence Agency
www.the-ria.com
Due Diligence Board Performers, Non Performers and Scammers in Finance
http://pub16.ezboard.com/bduediligenceboard
DDB is against scammers, please help us posting only verifiable
facts or experiences, not just opinions.
*Quatloos
www.quatloos.com
A comprehensive site covering all forms of scams and frauds..
*ABT Shredders
www.abt-shredders.co.uk
This company sells shredders to destroy your documents which
may contain personal information.
*For an example of a consumer oriented organization warning, see that of the Better Business Bureau at:
http://www.bbb.org/alerts/deninvest.asp
*To see what one of the premier experts in the banking
world says about a typical prime bank scheme, see the declaration of Professor James Byrne, George Mason School of Law, at:
http://pub17.ezboard.com/fdiligizerfrm3.showMessage?topicID=38.topic&index=4
*To view a sampling of indictments, court orders, judgments
and SEC litigation releases regarding prime bank schemes, see:
http://pub17.ezboard.com/fdiligizerfrm3?page
4. Several varieties of the buzzwords or red flags are associated with these schemes.
* How Marketable Treasury Securities Really Work
*Scams Involving Treasury Securities
*Examples of Known Phony Securities
*Historical Bond Fraud
*How To Protect Yourself From Investment Scams
Other Fraud Web Sites of Interest
We're also aware
of a practice among some businesses to make their solicitations look like mailings from us. The following page explains why
these mailings are illegal.
Prohibition Against Misuse of Treasury Names, Terms, Symbols, Stationery,
etc.
Bogus Sight Drafts Drawn on the Treasury
There are many terms that are commonly seen in documents presented by fraudsters in the course of marketing fraudulent
investment schemes. Fraudsters often mimic and misuse legitimate banking terms, given that there is a legitimate and purely
institutional business in which the general public cannot participate. Many of the following terms are legitimate. These genuine
terms then become misused along with those that have no meaning in the real world. They are thrown together in documents that
contain a mix of fact and fiction, often confusing to the naïve investor. These include, but are not limited to:
-Non-Circumvention,
Non-Disclosure
-Good, Clean, Clear and of Non-Criminal Origin
-Blocked Funds Investment Program
-Prime Bank Trading
Program
-Federal Reserve Approved
-Treasury Approved
-Roll Programme
-Irrevocable Pay Orders
-Prime Bank
Debentures, Notes, Guarantees, Letters of Credit,
-Fresh Cut Paper
-High Yield Investment Program (HYIP)
-ICC
3034 or 3039 Letter of Credit
-Off Balance Sheet Program
Other terms:
-Prime Bank Debenture
Trading,
-Prime Bank Instruments, Notes, Guarantees, Trades or Letters of Credit
-Prime European Bank Letters of Credit,
Prime World -Bank Debentures or Financial Instruments
-Prime Insurance Guarantees
-High Yield Debenture Trading, Financial
Programs, ---Asset Management Programs
-High Yield Investment Programs (HYIP), High Yield --Promissory Notes or Bank Notes
-Guaranteed Bank Notes, Intermediate Bank Notes
-Roll Programs or Bank Debenture Roll Programs,
-ICC (International
Chamber of Commerce) 3034 or --3039 Letter of Credit
-ICC 500 or 600 Bank Debenture Instruments
-IMF (International
Monetary Fund) Stand-by Letters of Credit
-IMF Backed Securities, Bill of Exchange, Bill of Equity, or Backed Bonds
-Discounted
US Treasury Obligations, Renting or Leasing of Treasury Securities
-Blocking of Assigned Treasury Securities, "Limited
Edition" or De-Facto Treasury Securities
-US Dollar Bonds, Federal Notes, Medium or Mid Term Notes or Bank Notes
-Blocked
Funds Letters or Investment Programs, -Documentary Letters of Credit
-Irrevocable Pay Orders, Collateral First Debentures,
-Money Center Bank
-Fresh Cut Paper or Bank Debentures, Bank Paper, --Seasoned Bank Debentures
-Private Placement
Programs, Private Trading Programs
-International Certificate of Deposit (LCD),Irrevocable Bank Purchase Order (IBPO)
Irrevocable Corporate/Confirmed Purchase Order (ICPO)
Irrevocable Prime Bank Commitment, Zero Coupon L/C, Spot Trading
Common Catch Words, Phrases
and Documents:
Although there are many different variations of the Prime Bank Instrument fraud scheme,
most schemes include many of the following words, phrases and documents:
Secret trading program Banks or Federal Reserve will deny any involvement in these programs
Non Circumvent / Non Disclosure Agreements
Funds are "Good, Clean, Clear and of Non-Criminal Origin" Funds pooled together
for minimum trade amounts of $10,000,000 or $100,000,000 (sometimes listed as "Ten [10] Million USD," etc.) Interest rates
guaranteed from 6% to 100% to 1000% per month Trades with only the top 10, 25, or 50 banks in the world, such as Barclays
or Credit Suisse Program backed, approved, or sanctioned by the Federal Reserve Bank (FED or FRB), the International Monetary
Fund (IMF), or the International Chamber of Commerce (ICC) or the Treasury Department "Trader", "Facilitator", or "Broker"
Only 5 to 10 "traders" in the world have access to this program; Trader will conduct 40 trades per year. Percentage of the
yield will go to charity, social programs, or humanitarian efforts US Government Agencies will deny the existence of these
programs because the Government does not want your money to leave the US
US Government Agencies attempt to seize the funds
for themselves
"Due 1, 5 or 10 years and 1 day" "108" bank to bank certificate which guarantees the principle + 8% annual
interest
Other catch words and phrases that have been associated with these programs include: "Funds of non-criminal origin,
are legally owned by or assigned for the participation in a specified High Yield Asset Management Program" Principal is guaranteed
and/or secured by letters of credit "The funds will remain in a bank account that only you are signer on. These funds will
be used as collateral." Offshore trust accounts / tax free interest Can obtain proceeds through Visa debit cards Advised to
remove from legitimate pension/WA accounts and send funds to self directed pension companies who collateralize the funds with
a note, and are then invested in Prime Bank Instruments
Our "Facilitator" has access to the worlds top "trader" "Trader"
"Trading Bank" "Exit Buyer" The way all banks or big banks make their money Trades are sometimes referred to as "Tranches"
Only a select few are invited to participate in the trading program Originally established by the elite families such as the
Rockefellers, Gettys, Rothschilds and the Carnegies. Fractionalize or collateralize the funds Fractional banking laws Hypothecation
with insurance companies ($1.2M needed for insurance company to "hypothecate" $l00M needed for the trade) Investment periods
quoted on contracts would be "90 banking days", "one year and one day", or "five years and one day" Program developed to level
out the yo-yo syndrome in the banking industry "The information contained in this document is for information purpose only
and is not intended as a solicitation nor an offer to sell any form of securities" Invested funds are fully secured by a Bank
Endorsed Guarantee "Cash" Wire Transfer
C&F ASWP
Comfort Letter
"Conditional" S.W.I.F.T. Payment
CUSIP
Number
Discounting L/Cs
"Trades are specifically established at a term of 1 year and 1 day, so it does not have to
appear on the banks balance sheet"
Foreign Bank Advice
Irrevocable, Divisible, Assignable, Transferable, Fractionable,
Revolving, Confirmed L/C Payable 100% At Sight
Key Tested Telex (KTT)
Market to Buy or Sell L/Cs
Proof of Funds
Proof of Product
Ready, Willing and Able (R,W & A)
Soft Probe
2% Performance Bond
* Pre-advise issued
by bank
Bank responsible commitment of funds
Other things to look for that should make one worry:
A claim that
the "promoter" has a steady business relationship with a large international bank
A refusal to give "full disclosure"
of all involved
The expression "mandated agent"
Standby letter of credit (SLC)
Warning Signs:
1. Name dropping.
2. Buzzwords.
3. Excessive secrecy.
4. Over-reliance on authentication.
5. Excessive
disclaimers.
6. Unwarranted appearance of professionalism.
7. Big player behind the scenes.
8. Yields are too
high.
9. Lack of transactional basis.
10. The existence of a secondary market where these investments can be laid
off quickly and profitably.
11. Flawed documentation.
A sampling of prime bank web sites:
http://www.webspawner.com/users/debentures1/
http://www.healthwealthsolutions.com/globaltrading/debentur.htm#Federal%20Reserve
http://www.fren-finance.com/
http://www.capella.net/goldenmean
http://program.freeyellow.com/index.html
http://www.imausa.org/ima.htm
http://www.triwestinvest.com/
http://www.webspawner.com/users/debentures/
https://www.angelfire.com/az/bankdebenture/
http://www.highyieldinvesting.com/
http://www.cbodusa.com/
http://www.highyieldadvisory.com/
6. Where to find information about people or companies involved in "prime bank" or
related programs on the internet (Due Diligence Information):
http://pub17.ezboard.com/fdiligizerduediligence
http://pub16.ezboard.com/fduediligenceboardfrm3
http://pub14.ezboard.com/ffinancialduediligenceboardduediligenceforum
for a high yield financed broker board:
http://pub54.ezboard.com/fhighyieldfinanceforumsfrm1
and for a general discussion board:
http://pub14.ezboard.com/ftheswissgnomesboardsalternativefinancebanking
7. Helpful links and Investigative Help:
http://www.quatloos.com/stkscams/hyips.htm
http://www.goldhaven.com/scam_page/Debentures.htm
http://www.offshorebusiness.com/
http://www.consumer-ministry.govt.nz/scam_alert.html#prime bank schemes
http://http://fido.asic.gov.au/fido/fido.nsf/byid/B5489360602CF67CCA256B0300272175?opendocument
*For investigative help in the
United States, please contact your local FBI Office.
*For phone numbers of the various field offices, see http://www.fbi.gov/contact/fo/fo.htm
or call Special Agent John Cauthen,
Sacramento Office of the FBI, 916-481-9110.
*For investigative help in London, please
contact either:
Metropolitan Police Fraud Squad (New Scotland Yard), Broadway, London, SW1H OBG, Phone 011-44-207-230-1220, http://www.met.police.uk/about/contacts.htm
or City of London Fraud Squad, 37 Wood Street, London EC2P
2NQ, Phone 011-44-207-601-2575.
http://www.cityoflondon.gov.uk/citypolice/index.htm