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Posted by
Legal Counsel (Tuesday, April 29, 2008) 'LEGAL COUNSEL' // UNDERSTANDING PRIVATE PLACEMENT PROGRAMS ('BLOCKED FUNDS') |
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Welcome back to our weekly series of practical, "hands-on" articles exploring subjects of interest to fellow BradyNet Users. Our intention is to help Users better understand the meaning and significance of various financial terms, processes and transactions that appear with all-too-frequent regularity on the Forum Board. Release 71: Understanding Private Placement Programs - Working With "Blocked Funds" S.W.A.T. officers faced with a life-threatening hostage-rescue situation are trained to execute a tactical assault - and to implement the operation with military precision. Firstly, thermal and sound-sensing equipment is deployed around the building to "map" the location of the subjects inside. On the Team Leader's count, officers execute a simultaneous dynamic entry through all the entrance points, after taking out the doors with C-4 explosive charges. As the doors are collapsed, "flash-bang" grenades are hurled inside to render occupants temporarily blind and deaf. Officers then pour inside in corner formation, swinging weapons in a side-by-side sweep. Here's a tip: S.W.A.T. officers know that any deadly threat will likely come from above or from behind. Officers are, therefore, trained to "go high-go low" in a coordinated maneuver, with flanking officers responsible for "sweeping high" for snipers - while leaving it to the second entry team to cover their backs. In our business, thankfully, we are not required to storm any criminal strongholds - but, like L.A.'s elite S.W.A.T. team, we, too, are engaged in a search operation: a search for qualified clients. And, while, granted, our activities are not life-threatening, they can be career-making - and we are required to put our reputations on the line. Take, for example, working with "blocked funds". Everyone accepts, surely, that in order for a client to participate in a trading opportunity his funds must be free of liens, charges or encumbrances of any kind. The flip side of that, of course, is that the client's funds must be immediately available and freely transferable upon the client's sole instructions. Nothing out of the ordinary there; we are simply stating the obvious: the client's funds must be "investable" - that's just basic common sense! That being the case, though, it should come as no surprise to anyone that "blocked funds" - i.e. funds already held by the bank under blocking restrictions and, hence, not freely transferable - are not tradeable. That's right, dear readers, blocked funds, to put it indelicately, "they ain't worth spit!" Now listen carefully -
The stipulation that the client be able to transfer his funds does not mean that the client will necessarily be called upon to move his money - that will depend, ultimately, on the procedural requirements of the transaction under consideration. The Trader may, indeed, permit the client to block his funds in the client's home bank (typically in favor of the Trader) - but that's an entirely different matter from a client attempting to place into trading funds that have already been blocked (which the client simply cannot do). Here's the bottom line: No one in this industry can work with restricted funds. If the client's funds are already "blocked" and, therefore, not immediately available and freely transferable, the client will not be able to participate in a private opportunity. Not today. Not tomorrow. Not in a thousand years. Robert
I work with a very senior, high-ranking and credentialed Trader in Europe who is one of the largest commitment holders in the world. The Trader was formerly in government service where he held a highly sensitive position in a prominent U.S. federal agency for a number of years. Our trading group has outstanding capabilities, with its own transacting facilities in most of the major banks. We also have an established relationship with two major Providers who are able to supply medium term notes (MTN's) - fresh cut, slightly seasoned and seasoned. Both Providers are extremely reliable sources for bank instruments and have a wealth of experience; they conduct the business very professionally and are currently tranching for other clients. We offer business colleagues and friends a monthly "newsletter" setting out information and updates concerning our private placement opportunities and MTN purchase contracts. If you wish to receive our newsletter, just send us your email address and tell us a little about yourself - and we would be pleased to add you to our "mailing list". Copyright 2008 All rights Reserved Newest messages appear on top.
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FBI NOTICE FOR YOUR INFORMATION:
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
Private Placement Programs
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.
Is Euroclear a bank ?
The correct answer is: Euroclear provides several services to its members. My suggestion is for you to visit www.euroclear.com and click on "Euroclear Bank" and then click on "Banking Services" and start reading for yourself. You will find out that Euroclear Bank is a single-purpose settlement bank that provides financing to its Participants in order to facilitate the efficient settlement of their instructions. The banking services offered by Euroclear Bank include:
**cash management
**credit management
**treasury
**money transfer
Michael Hunt
IBCUSALLC at AOL dot COM
and may be, just may be you get Vlad Tepes to sign the permit, after you stayed a night within his place ;-)
Place four cups of tap water in your Pyrex container, and begin heating it until it boils. Add the gelatin, and mix thoroughly. Remove from heat, and allow it to cool completely, then add 4 Oz. of cooking oil, and stir. You should notice a thin layer of solids beginning to form near the top. Scrape off the solids, and place them in a small container. Place them in the freezer.
Next, light your candle, allowing the melted wax to accumulate. In your bowl, mix the petroleum jelly, cooking oil, putty, and corn starch until well blended.
Now remove the chilled mixture from the freezer. BE CAREFUL. The mixture is highly unstable at this point. Add it to the compound in the bowl - the blend should have the consistency of ice cream. Stir in the mixture VERY CAREFULLY. After a few mins it will be done, then all you do is take a bit of it (the more you use the bigger the explosion) and roll it in a circle or make in a square or something, then stick a pipe cleaner in, when you light it you can throw it or light it on the floor but I would throw it, even though the fuse might fall out or go out it is safer.
unquote
But please not in my lake!
but you are not going to freak out an old dinosaur?
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