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Posted by Legal Counsel (Monday, May 19, 2008)
'LEGAL COUNSEL' // UNDERSTANDING PRIVATE PLACEMENT PROGRAMS (BANK CREDIT LINES)
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 72: Understanding Private Placement Programs - Working With Bank Credit Lines

Bomb Squad investigators will tell you that bombs of the "light-it-and-run-like-hell" variety are rare. Most bomb-makers use low explosive substances like gunpowder that burn quickly, but won't explode unless confined in a pipe or a box. High explosives, like plastics or TNT, detonate in their natural state and don't need to be packed inside anything; these explosives, however, are expensive and difficult to obtain.

High-order explosives, though, can often be salvaged from military armaments such as mortar shells and hand grenades. A case of Claymore anti-personnel mines, for example - they come six to a pack - will set you back about five grand on the black market; each mine contains a half a pound of explosives. And where can you purchase the components for the detonating mechanism? Why - from any Radio Shack outlet, of course! The consumer electronics giant is derisively referred to in police quarters as the "Bomber's Store"!

Meanwhile, bomb technicians whose job it is to de-arm these explosive devices will tell you that they never think of bombs as dangerous. To them, a bomb is just a puzzle waiting for a solution - a puzzle that is solvable through careful investigation and analysis.

Our business, too, you could say, requires the careful application of problem-solving techniques (and plenty of detective work) to help determine the viability of proposed transactions. And it's no easy task, to be sure: We all know, only too well, that documents can lie, and clients don't always tell the truth. And get it wrong and - well, the transaction can blow up!

Take, for example, working with bank credit lines. Clients who are illiquid - asset rich, but cash poor - can oftentimes participate in a private placement opportunity by utilizing a bank credit line, provided the credit facilities meets certain minimum requirements. You need, though, to proceed with caution - solve the puzzle, as it were - because not all credit lines will pass scrutiny.

Here's a convenient "shorthand" for determining whether or not the credit facilities is acceptable. It's not foolproof - but damn near! Just ask the account holder the following seven questions - it's that simple. If the client is unable to answer "Yes" to all the questions, you probably best give the transaction (and the client) a wide berth.

* Is the credit line bank a major bank?

* Is the credit line activated and in full force?

* Can you drawn down the credit line immediately?

* Is the credit line free of restrictions on use and immediately available for investment purposes?

* Are you the legal and beneficial owner of the assets/collateral used to secure the credit line?

* Were the assets/collateral used to secure the credit line purchased by you using your own cash funds?

* Did you earn these cash funds from your own legitimate business activities?

Robert
lawscape@gmail.com

I work with a 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 have also pioneered an innovative, "client-friendly" Managed "Buy-Sell" Program for clients who wish to participate in a structured, fully managed, "buy-sell" platform. The process is simple and straightforward: Clients needn't transfer their funds. The client's funds are never touched (funds verification only). No joint ventures. No asset management contracts. No powers of attorney. No joint-signature accounts. No 50-50 profit sharing agreements. No SWIFT MT 760's or MT 103's. No surprises.

We also offer business colleagues and friends a monthly "newsletter" setting out information and updates concerning our private placement opportunities. 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

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06-12-08  BrokerBob94555: High-Yield Interest Programs, Bank Debentures & Bank Debenture Trading Programs, Private Placement Programs, and Prime Banks Programs

OPEN FORUM: Securities Fraud -- Due Diligence in Finance Stock and Bond Fraud, including Boiler Rooms / Pump and Dump Schemes, Mutual Fund & Hedge Fund Fraud, FOREX scams, plus Churning, Private Placements, Venture and Bridge Funding, IPOs, Viaticals Fraud, HYIP and Prime Bank scams, MTNs, Historical Notes, Recovery Schemes, etc.

This is one of the most common financial scams. The scam artists will a wild tale of fortune including some or all of the following.

The scam artists will spin a long line of hokey nonsense relating to the post-World War II Bretton Woods accords, “off-sheet” financing by the “Top 50” worldwide banks, and “guaranteed” or “risk-free” trading. They will tell you that they (or somebody they are working for) is “one of only five (or six, or seven, or eight – or whatever number they pull out of the air at that particular moment) traders in the world who are familiar with these types of trades and are capable of pulling them off.” They will tell you that these trades are done at the “$100M” level only, but that miraculously you can start off with a very small amount of money and margin yourself into a $100 million position. Alternatively, they tell you that you can get a bunch of friends together and “pool” the necessary funds.

They will also tell you that they or whoever they are working for has done these trades for fifteen or twenty years, and have secretly made hundreds of millions of dollars. They are allowing you to do these trades instead of doing them themselves because they have made enough money and want to help you benefit some church, charitable, or humanitarian purpose. They will tell you that there is “NO WAY” that you money can disappear, and that it will sit in your own bank account unmolested until your hundreds of millions arrive. They will tell you that you can make astronomical interest rates, such as 20% to 80% per week, and that exponentially your profits will skyrocket.

How the Scam Artists
Get Your Money
The scam artists prey on your lack of financial sophistication. If you money was truly “not at risk” there would be absolutely no reason to have to put it up. Yet, the scam artists come up with a bunch of bogus tales about “off-balance sheet financing” and other hooey that convinces you to do one of the following:

+ You deposit your money in an account with a “Prime Bank” such as Citibank (which doesn’t know the scam is being perpetrated). The scam artists forge a letter of credit which they then exercise and transfer your money offshore, never to be found.

+ You deposit your money in an account with a “Prime Bank” such as CreditSuisse (which doesn’t know the scam is being perpetrated). The scam artists didn’t tell you that the account is a “correspondent account” held in that bank for their own bogus bank that they formed, and they simply transfer your money offshore, never to be found.

+ The scam artists convince you to put your money in a safe deposit box. Later, they tell you that it is stupid to keep money in cash where it is not earning interest. Instead, they say they will get “the traders” to accept a “bond”, such as a Houston Railroad Bond or an Emperial Chinese Bond that earns astronomic rates of interest. Only much later do you discover that the bonds are completely worthless.

And so forth and so on. Once your money has been deposited in the bank, there are about a hundred different ways for the scam artists to get at it.

THE LIES MADE TO PERPETRATE THE SCAM "A big lie is more plausible than the truth." -- Ernest Hemingway

Complete Lie: "There is a secret banking system where the big banks make astronomical returns, and you can't participate unless you pool with others or place your money with someone who has an place in the system."

This is a COMPLETE LIE, and anyone who says this is a scam artist. We regularly work with the major offshore banks, and have any friends and acquaintances at these banks, and can tell you that they laugh at the allegation that there is a "secret" banking system which produces crazily high returns as the promoters of the bank debenture scam suggest.

COMPLETE LIE: "The U.S. government is covering up this secret banking system."

This is a COMPLETE LIE that the U.S. government is somehow covering up this phantom banking system. This is NOT TRUE and anyone who says this is a scam artist. First, as shown above, it doesn't exist. Second, trading in currency is tightly monitored by literally hundreds of private groups worldwide, and even a small trade would instantly be recognized by these private groups.

COMPLETE LIE: "The program uses International Chamber of Commerce Approved Forms."

The International Chamber of Commerce does NOT approve forms for these programs, and anyone who claims this is a scam artist. To the contrary, the International Chamber of Commerce has put out warnings that it has not approved any such forms, and that forgers are illegally making up such documents without either the knowledge or approval of the ICC. Other forgeries which have been found include forgeries of documents purporting to be from the U.S. Federal Reserve Bank (FRB), the U.S. Department of Treasury, the Bank of England, and even the Queen of England!

If you see anywhere in the scam artists' materials that they or their forms are "approved" by the ICC run! This is the baldest of lies.

COMPLETE LIE: "These securities do not need to be registered with the U.S. Securities & Exchange Commission or the State Securities Commission of the state wherein they are marketed or sold."

This is NOT TRUE and anyone who says this is a LIAR. To the contrary, when legitimate bank debentures are sold to the public, they are ALWAYS registered with the Securities Commission of the state wherein they are sold, and in most cases are also registered with the U.S. Securities & Exchange Commission. IF YOU CANNOT CALL YOUR STATE SECURITIES COMMISSIONER AND CONFIRM THAT THE DEBENTURES HAVE BEEN REGISTERED, IT IS ALMOST CERTAIN THAT THEY ARE BEING MARKETED AND SOLD ILLEGALLY.

Private Placement Lies: Many scam artists will pitch that their schemes are somehow exempt from regulation because they are a "private placement". The truth is that many states require private placements to be registered, and at any rate if the scheme raises over $2 million aggregate amongst the states (i.e., $2 million anywhere) it MUST registered with the Securities & Exchange Commission!!!!! So, if someone says that they have raised $20 million dollars but they are not registered, it ain't a legitimate deal.

COMPLETE LIE: "There is a major U.S. bank which guarantees these instruments."

This is NOT TRUE and anyone who says this is a LIAR. The scam artists will tell you that they cannot disclose the identity of the U.S. bank which guarantees the investment, or else will tell you the name of whichever bank they pull off the top of their head, but either tell you that you should not contact the bank directly, or they get one of their scam artist buddies to call you up and represent that they are a bank officer. No U.S. bank participates in these schemes, period, and many of them issue warnings to the public not to get involved in this scams.

A recent variation of this scam is for the scam artists to set up an offshore bank with a name which is very similar to an international bank, such as "Barclays International Bank" (which doesn't exist and plays off the Barclays name). These offshore banks never have any real assets or backing, and their guarantees are worthless.

COMPLETE LIE: "Others have made money with these programs."

Nobody except the scam artists have ever made money with these programs. A few people have gotten a small portion of their money back, usually for helping the scam artist scam somebody else, and that is it. We've seen hundreds of these scams the past year, but not a single person who could actually document that they made even a single penny over what they invested into it.

People who claim that they have made money on these programs always fall into one of two categories:

Ringers, being persons set up and in cahoots with the scam artists to claim that they have made money; and Suckers, folks who have been scammed and are now going along with the scam artist on the condition that the scam artist will repay them a portion of their money lost for getting new suckers into these programs. COMPLETE LIE: "These programs are back by or involved with the International Monetary Fund."

This is a total load of bull hockey (see Notice at right). The IMF has repeatedly warned about this scam.

So, if somebody claims that their investment has IMF involvement, you know it is a total lie.

RESOURCE Prime Bank/High Yield Investment Schemes Report from the Fraud Section, Criminal Division of the Department of Justice.

FINALLY! An HYIP Program that Works! - Parsons Heritage Offshore Opportunities Ltd. is the ONLY prime bank and HYIP program that YOU can trust! Strongly Endorsed by Quatloos!

RESOURCE HYIPs and Prime Bank Notes: Fact or Fraud? Expose of Prime Bank NOtes, Corporate Roll Programs, Medium Term Notes, Bank Guarantees, Letters of Credit, and Stand By Letters of Credit, written by Investor Data Exchange.

HYIP/PRIME BANK/BANK DEBENTURES CASES

United States of America v. Parr

United States of America v. Rattan Lal Aggarwal

United States of America v. Arthur R. Andrews

United States of America v. Gary D. Bolin

United States of America v. Richard C. Gravatt

United States of America v. Grady Lewis Hand

United States of America v. Edward Keith Howick

SEC v. John D. Lauer and Clifton Capital Investors L.P.

United States of America v. Herbert J. Lewis and Vernon Abrahams

United States of America v. James F. Moored

National Council Of The Churches Of Christ In The USA v. First Union National Bank Of Virginia

United States of America v. Delton Owen Olson

United States of America v. Joseph Polichemi, ET AL

United States of America v. Al Richards, Roger Braugh, and Kurt Latrasse

United States of America v. Morreon B. Rude

United States of America v. William Martin Valuck

United States of America v. Suzanne Wonderly


05-20-08  Top Business: What's with the bombs? Interesting, but we under attack again!

05-19-08  Topper: Yes. Credit lines from investor's bank can make sense. Thanks.

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