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High Yield Investment Programs

(The Misunderstood World of Private Securities Trading)

• HAVE YOU BEEN OFFERED A HIGH YIELD INVESTMENT PROGRAM DEAL
• HAVE YOU BEEN OFFERED OR CONTEMPLATING ENTERING A HIGH YIELD INVESTMENT PROGRAM OR TRADING PROGRAM INTRODUCED TO YOU WITH EITHER YOUR DIRECT INVESTMENT OF FUNDS OR UTILSING THE LEASED FINANCIAL INSTRUMENT
• HAVE YOU LOST MONEY IN ONE OF THESE PROGRAMS ALREADY
• ARE YOU ABOUT TO LOSE YOUR MONEY IN ONE OF THESE PROGRAMS
• DO YOU FULLY UNDERSTAND WHAT YOU ARE ACTUALLY ENTERING INTO AND HOW IT ALL WORKS

MORE IMPORTANTLY -- HAVE YOU SOUGHT QUALIFIED ADVICE - LEGAL COUNSEL FROM SOMEONE WHO HAS THE EXPERT KNOWLEDGE AND EXPERIENCE TO HELP

We receive inquiries from brokers, intermediaries and clients daily looking to enter into such arrangements, or brokers offering these types of deals across the internet. The majority of what we see or what is presented to us is 99% of the time bogus, fraudulent or completely untenable.

Welcome to the strange and exceptionally dangerous World of the HYIP Transactions.

Investors who have already LOST their money in such transactions should read the information herein provided as our service could potentially afford you the opportunity to recover any defrauded funds. It’s an amazing fact that for some strange reason most victims of fraud walk away from losses of “One Million Dollars” or more. They do NOTHING to get their money back! This is particularly “amazing” WHEN THERE IS AN EFFECTIVE WAY OF RECOVERY, AND THEY STILL DO NOTHING.

If YOU are one of those people who have lost your money then please don’t do nothing contact us and we will advise you as to what we may be able to do to assist you further. Our Legal Counsel has already recovered Millions of Dollars in funds for clients and investors in these situations.

Yes: we are available primarily to assist any CLIENT who wishes to contact our company for help, advice or guidance on these matters and welcome direct contact from clients where you consider we may be of service to you.

Yes: we do have a lot more information that we could go on with in regard to these types of transactions, but this we keep for the purpose of safeguarding and assisting our direct clients with their requirements so as to afford them the our best means of cooperation we can in a professional, ethical and transparent way.

Yes: we do have the legal counsel we can introduce you to determine whether or not the (High Yield Investment Program) or trading transaction you have or are entering into is a fraudulent transaction from that of a real transaction.

Yes: we can offer experience and knowledge that we have learned over the years to assist you and help safeguard your interests in these transactions

We welcome ALL inquiries about our services and ask that you contact us right away if you have a deal to discuss!

Our service could potentially save you thousands and thousands if not millions of dollars

If you are a client or investor and you would like us to privately review, analyse, perform initial due diligence, and make extensive comments and recommendations on (High Yield Investment Program) or trading transaction for you then contact us right away.

Please email us at your convenience to [email protected]

Did You Know

There are probably more than a million people around the world who are trying to induce investors to invest in either:

1. High Yield investment Programs (sometimes called “HYIP”) or
2. The buying and selling of bank instruments (called “buy-sell deals”).

This group of “entrepreneurs” is composed of either naïve brokers who do not know what they are doing or fraudsters perpetrating a fraud. And the problem is that unlawful HYIP and “buy-sell deals” look very similar to lawful private securities trading transactions

IMPORTANT CAVEAT:

THIS INFORMATION IS NOT APPLICABLE TO AMERICAN INVESTORS SITUATED ANYWHERE IN THE WORLD! THESE TYPES OF INVESTMENTS ARE NOT AVAILABLE TO AMERICAN INVESTORS ANYWHERE IN THE WORLD. IF YOU ARE AN AMERICAN AND SOMEONE OFFERS YOU THIS TYPE OF INVESTMENT, IT IS A FRAUDULENT TRANSACTION AND DO NOT ACCEPT IT!

Do Private Securities Trading Programs Exist

Yes: They exist and investors earn millions of Dollars (or Euros) each year.

This is what everyone needs to understand!

They DO NOT exist

1. Whereby they provide the extraordinary returns as is usually connected with High Yield Investment Programs (which are frauds) and
2. They are not available for Americans and
3. For investors with less than $100 million cash and
4. For American intermediaries.

Now fraudsters will tell you that this is not true and will offer investments which do not meet these criteria; but that is what fraudsters do: they lie to induce victims to invest

High Yield Investment Programs:

These programs not only have been referred to as “High Yield Investment Programs” or “HYIP’s”, but they have been referred to as “debenture trading”, “prime bank guarantees trading”, “roll programs”, “private securities trading”, “bank trading programs”, “bank debenture trading programs” as well as many other names.

Thousands and thousands of people have been or are involved in this phenomenon. There are thousands of people newly involved every day! The many generations of participating
Brokers and investors who play a part in HYIP’s constitute a worldwide subculture that has been actively operating in toto for over 25 years and up to and including today and all the tomorrows that we can vision.

Be it known, however, that the Fraudulent Transactions far outnumber the real transactions on a scale that is completely off the map. So when you are looking for a real and worthy higher yield opportunity among the horde of HYIP deals, you are looking for a “needle in a haystack”.

Most lawyers know very little about these fields, and tend to give advice based upon the limitations of (a) Their formal learning, and (b) Their experience in non-related fields.
Unfortunately, this limited knowledge can be highly dangerous in this “Field of Fraud” and in reality most Lawyers Actually Need Help In This Area of the Law--

More and more we receive inquiries from clients whose knowledge and experience in these types of deals is extremely limited, and what they have been advised is more likely to be what their broker/advisor he has most probably gleaned from another broker or individual by word of mouth, hearsay and “passed down” documents.

If you are a client/investor looking to enter into such arrangements as listed above then PLEASE continue reading this article – it could potentially SAVE YOU a LOT of money

ECSL is pleased to announce that we have the capability to offer you the direct services of an International Attorney we work with for clients of our company. He has been advising and representing investors globally, and a great deal of his practice involves advising other lawyers in the world of private securities trading.

The attorney we work with is one of the most renowned lawyers in the world today on the subject of Private Securities Trading, Fraudulent High Yield Investment Programs, and Ponzi Schemes. He is a passionate private prosecutor of fraud and has helped many people avoid fraudulent HYIP situations or recover funds lost to HYIP fraudsters. He has practiced in this area since the 1980’s representing investors, intermediaries, and testifying as an expert witness.

In over 20 years and hundreds of cases, he has never had a client lose money in any investment in which he represented them from the beginning and he has been instrumental in the recovery of Millions of Dollars of defrauded funds lost to the High Yield Investment Fraudsters.

He knows the legitimate Private Securities Traders, and he protects investors from the illegitimate HYIP “traders”. He is completely independent as an attorney for the Client we decide to introduce and the Client pays the legal fee. All communications between Client and the lawyer will not be shared by the lawyer with anyone without the written approval and direction of the Client.

Introduction

Almost all HYIP transactions follow the same procedures in terms of the documents utilized by the fraudsters or the naïve brokers who do not know that they are engaged in a process that leads to nowhere.

The Letter of Intent (“LOI”)

These transactions usually begin by the broker having the investor sign a Letter of Intent stating that the investor:

1. intends to invest a sum certain in a thinly described deal, and
2. that he was not solicited by the broker to make the investment.

This last point is to protect the broker against a violation of the securities laws that may prohibit the manner of solicitation that was used. As there is usually a chain of several brokers between the investor and the trader, the job of getting the LOI signed usually falls on the broker that introduced the deal to the investor; i.e. the broker that knows the investor “best”.

---------------------------- Our Important Comments-------------------------------

Letters of Intent Can Be Harmful

One must be careful in signing even a Letter of Intent, because these letters often end up literally emailed or faxed around the world and used for fraudulent purposes. They may end up in the hands of someone who uses them in a manner that damages the financial reputation of the investor. How they are used we are not going to disclose, because this is not a primer for future fraudsters.

LOI’s That Are Contracts

Letters of Intent may also be drafted in a manner that creates a contract rather than just a manifestation of intention. The harm that may come from this situation is that the investor may be intimidated into going through with the investment in fear of a lawsuit if he breaches the contract. As an aside, it is important to remember basic contract law that illegal contracts are not enforceable, and contracts for illegal purposes usually are “illegal contracts”.

Non-Solicitation Clause

The representation in the letter of intent that the investor was not solicited by the broker is NOT true. The opposite is invariably the fact; the investor was solicited by the broker, directly or indirectly. Consequently, the law enforcement authorities give absolutely NO weight to these “misrepresentations” by the investor” induced by the broker in prosecuting the broker for unlawfully soliciting offers or making sales of securities in violation of the securities laws.

---------------------------- End of Our Comments-------------------------------

The Non-Circumvention/Non-Disclosure Agreement

These investments are highly secret and confidential, as very few people are allowed in on these exceptional investment opportunities. Consequently, the investor must usually sign a “Non-Circumvention/Non-Disclosure Agreement” so that all parties and banks involved remain confidential and secret. This agreement also may have provisions that prohibit the investor from contacting the bank involved without the consent of the trader or a broker. Often the investor is told that the banks do not want to speak to investors; they only wish to speak to traders who have the investor’s money.

---------------------------- Important Comments-------------------------------

Breach the NCND Agreement

It is interesting to note that from a legal standpoint most of the Non-Circumvention/Non-Disclosure Agreements that we have seen are not sufficiently drafted to afford any meaningful protection against violation. So review these agreements carefully, and do not be intimidated “breaching” them; they usually have “no legal teeth”. Drafting a truly effective non-disclosure and non-circumvention agreement is an endeavour that even few attorneys may successfully accomplish. The fraudsters tend to copy pieces of agreements of all kinds that they receive from other fraudsters or brokers, and usually the resulting document does not make legal sense.

ICC Non-Disclosure Provision

If you see a reference in any agreement that incorporates the non-disclosure and non-circumvention protocols of the International Chamber of Commerce (I.C.C.), this is a tip off that your client is not dealing with a serious situation and probably a fraudulent one. Typical references are to ICC 400, 500, 600 or any one or two of them. The I.C.C. does not have any protocols regarding non-disclosure and non-circumvention. What they do have for sale at their website is a standard fill-in form agreement regarding non-disclosure and non-circumvention. But it is not this form that is referenced in the I.C.C. provisions incorporated into the HYIP documents.

Do Not Talk To the Banks Admonition

The fraudsters do not want the investor to call the banks to verify the bank’s involvement in the HYIP transaction, because the BANK will have absolutely NO knowledge of such a transaction or the fraudster. However, in legitimate transactions (including “higher yielding transactions discussed herein) the people handling the transactions also do not want the investors to contact the banks until the time that the investor opens the depository account at the bank. In this situation, the reasons are different (and beyond the purview of this discussion), as the investor will ultimately meet with the bank or its lawyers.

---------------------------- End of Our Comments-------------------------------

Proof of Funds

Before the broker can introduce the investor to the person handling the investment money (e.g. the facilitator, the commitment holder, or the trader), the investor MUST provide a “proof of funds” to the broker to take to the above-mentioned party. The proof of funds is usually provided by either

1. A letter from the investor’s bank signed by two bank officers stating that the investor has at least the amount of the proposed investment in that bank, or
2. A copy of the latest bank statement ( e.g. not more than a few days old confirming the investment amount in the investor’s account

----------------------------Important Comments-------------------------------

The Broker’s Ticket To Play

The proof of funds is required to allow the broker to proceed to the next level (usually another broker). The next broker on the chain, the facilitator, the commitment holder, and/or the trader will not talk to the broker without seeing this proof of funds from the investor.

Letter Signed By Two Bank Officers

The investor and his counsel should note that most U.S. banks will not give the investor a written proof of funds letter signed by two bank officers. In fact, the banks will generally warn the investor-customer of the potential HYIP fraud, and/or call in bank security which in turn calls in law enforcement. Being questioned by the police as a possible co-conspirator is not a good start for the investor! And it is a disaster for the brokers.

Current Bank Statements

It is also dangerous to give out current bank statements, as this information can be used by fraudulent minded people for a multitude of illegitimate purposes, all of no good to the investor. These statements usually end up being emailed or faxed around the world until they land on the desk of someone who knows how to fraudulently use them (Again, we are not going to divulge how they do it, because aiding fraudsters is not the purpose of this our advices).

The Investment Agreement

This is the agreement that sets out the parameters for the use of the funds and the division of profits between the parties. It also usually contains the written guarantee of the return of the investment capital. It also usually contains a “best efforts” provision. It may contain a power of attorney granting the broker or a designated third-party the right to use the funds in some limited manner. The power of attorney may be assignable to the trader, as it is he who needs the power to execute the trades.

----------------------------Important Comments-------------------------------

Often Not An Investment Agreement At All

This is not usually a REAL investment agreement; i.e. it is not an agreement between the investor and the trading entity. When one looks at it closely, it is usually a fee agreement with the broker(s) (including the so called facilitators or commitment holders) that purports to divide the profits between those parties to the agreement.

Poorly Drafted Documents

Ask any qualified lawyer who specialises and practices in this field that when they begin reading one of these investment agreements (or other documents), they will often get the feeling (or absolutely know) that the agreement was not by a lawyer or a lawyer has not ever been in the same room with the agreement. Isn’t it a bit strange that parties dealing with millions of dollars would use agreements drafted by laymen? This is an easy tip off that there is a fraud or nonsense (or both) going on in your client’s transaction.

Provisions To Not Give Information to Law Enforcement.

With all the government intrusion today, we and our attorney have seen several contracts that prohibit the signatory from giving information to law enforcement. This is illegal and against public policy AND if the people who present this provision to your client are in fact doing something illegal (e.g. securities violations), just signing the document may open the door for a zealous prosecutor who wants to be governor to charge the investor with conspiracy or obstruction of justice. Much less has dragged an innocent party into a major criminal matter.

References In Contracts to ICC 400, 500 & 600 etc.

If you see reference in a contract to NCND protocols in ICC 400, 500 and/or 600, these ICC provisions have nothing to do with

(i) HYIP’s or (ii) Non-Circumvention and non-disclosure as stated above.

Thus, continue to discount these transactions as usually a waste of time, as the documents are not professionally prepared and
therefore a strong indication of just plain "silliness"; i.e. whatever the transaction, the people doing it are not capable of success.

Joint Venture Agreements

We see many joint venture agreements come across our desks. The usual objective of these JV agreements is to protect the broker by making him a party to the joint venture rather than a mere broker. We and our fully qualified and experienced Attorney will always advise an investor client not to sign one of these documents

(1) Because they are invariably poorly drafted, and
(2) There is a more simple way of securing the commission of the broker.

As to the first point, many of these JV agreements are in fact "partnership" agreements that leave all the assets of the investor party subject to the liabilities of the broker (non-money) party. Additionally, it is usually not made clear where these JV agreements may be used, and different jurisdictions (both state and foreign) have differing interpretations of what a particular JV agreements legally mean in

(a) Terms of personal liability of the JV participants or
(b) The treatment of the JV entity for tax purposes or
(c) The legal treatment of the JV entity for purposes of limitation of liability against the investor.

Return of Investment Guarantee

The agreement will usually have a guarantee of the return of the investment capital. This can be discussed separately under “reserved funds” programs. However, it is important to note that unless there is a guarantee from a creditworthy third party in a form approved by a
competent attorney, these provisions are worthless except as evidence in a lawsuit. Oddly enough, for the fraudster, these worthless provisions are highly effective in investor’s deciding to make an investment in these schemes.

“Best Efforts Provision”

The investment agreements usually have a “best efforts” provision in them. This means that the fraudster only must give his “best efforts” to make a profit on behalf of the investor. The intention of including this provision is allow the fraudster to escape liability for losing the investor’s money simply by claiming that he used his “best efforts” to make a profit, but that was not enough and the investment was lost. It is interesting to note some investment agreements have a “best efforts” provision and a guarantee of profits or at least the return of the initial investment. These may be two mutually exclusive provisions, as one cannot guarantee the return of investment or profits and at the same time lose the funds and exert the claim that, “I used my best efforts” and lost and do not owe the investor any money. This situation comes from brokers putting these investment agreements together on a “cut and paste” basis using old agreements. Personally, we find it
amazing that they place these “best efforts” provisions in the agreements, as it has no legal value since the provision does not protect them from prosecution for the crime of stealing the funds.

Powers of Attorney

In these HYIP transactions any power of attorney, no matter how limited, should NEVER be signed. Quite often the language of these powers of attorney first assures the grantor-investor that by its terms the POA does not provide to the grantee/fraudster access to the investor’s account. However, on closer look and legal analysis, it does precisely that very thing. We have seen some very tricky and clever powers of attorney, all to the detriment of the investor. It is interesting to note that some fraudsters like an attorney’s involvement, as it
gives his deal credibility. He believes that he can con both the client and the lawyer, and often he can. Along this line, you may be involved in protracted negotiations with regard to the language of POA’s. You will win the negotiations, but the fraudster doesn’t care about
winning…only playing to enhance his own credibility. Just be aware!

Acceptance of Powers of Attorney By Banks

We have never seen a major U.S. or European bank accept these powers of attorney, but we have seen a situation where the funds were first deposited in a major European bank and then by misrepresentations the investor was induced to transfer the funds to his own
account in a lesser rated bank and the power of attorney was accepted by that bank and the funds were transferred from the investor’s control and “gone” in a “Zurich minute”. In these smaller banks the officers can be “bought off” to accept the POA’s and get away with
it, because the POA is a legal document, and the bank takes no responsibility for it being used in a fraudulent transaction. This is only one example of how dangerous signing a power of attorney may be, even with other safeguards. NOTE: Don’t count on winning lawsuits against banks for their internal misconduct in managing your client’s funds. They have many “outs” and use them very effectively.

Assignable Powers of Attorney

These are the worst POA’s for the grantor/investor, because the investor has no idea to whom the instrument will be assigned. One can only imagine the possible assignees. However, powers of attorney that are assignable to the trader or a third party are seldom assigned to anyone. For the most part the powers of attorney are not used except as part of the “window dressing” to induce the investor to part with his money in a fraudulent scheme. So don’t allow your client to sign POA’s unless you have verified that the situation is

1. a legitimate transaction and not a HYIP, and
2. the identification of the assignee is established in advance as a responsible party.

Joint Venture Investment Agreements

The investment agreement may be a joint venture agreement between the investor and a third party (often the broker or another broker up the line). Be careful! Although this may appear to be an investment agreement, it is

1. A fee agreement with a broker, and
2. It is between the wrong parties.

This is basically a fee agreement with the broker though it appears to be an investment agreement. This joint venture format is used by brokers to place themselves as equivalents to investors in the transaction, so that when the investor’s funds are transferred to the trader the joint venture is the “investor” and not the real investor with the cash. Thus, the broker is able to claim a percentage of profits normally due to an investor rather than a lower broker’s commission. This is a FRAUD in itself. It is also important to note that the agreement is between the investor and the broker, and the broker has no influence as to the terms of the use of the investor’s funds. Thus, the investor has entered into an agreement with the wrong party if he wants to control the investment limits and restrictions on his funds.

Assignable Joint Venture Agreements

The joint venture agreement between the investor and broker may be assignable by the broker. This allows the broker to present to the trader (through the chain of brokers) an assignment of the joint venture agreement. Here the deal is set forth as to the investment limits and the division of profits between the investor and the assignee-trader. The problem here is that the investor does not know to whom the joint venture agreement will be assigned, taking the investor with it. It could be assigned to very nefarious parties and lead the investor to co-conspirator status in criminal activities perpetrated by the assignee. Investor Liability, on Joint Venture Agreements. In some states and some foreign jurisdictions, a joint venture for liability purposes of the joint venture parties is treated like a partnership; i.e. each joint venture party is responsible for certain actions and obligations of the other party. This means that the assets of the investor may be “on the line” for collection of judgments or assessments incurred by other the joint venture party or his assignee. It is always essential to know the legal treatment of joint venture agreements in jurisdictions in which the client may operate, intentionally or inadvertently. Otherwise, the consequences may be very harmful, including but not limited to, the loss of the investor’s investment funds. The investor may also lose additional assets or his freedom..

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WHAT ECSL CAN DO FOR YOU

REPRESENTATION ON NEW TRANSACTIONS

SECOND AND MORE AMAZING FACT:

CLIENTS do not have to be defrauded or potentially lose their money on these transactions either directly or indirectly through their broker’s advices; if for very little money they were to seek the experienced counsel prior to giving anyone any money for these transactions
This sounds pretty basic doesn’t it?
You would be surprised how many fraudsters there are in the High Yield Investment Business, trading platform deals all over the internet and in fact all over the world who are making millions, because people (including highly successful business persons) do not seek “knowledgeable” counsel prior to parting with their money in these transactions.

GOLDEN RULE::: DO NOT commit your funds or enter one of these transactions without

1. Fully understanding the content of this article and/or
2. Being represented by experienced counsel!

This is not meant to be a self-serving statement; it is the ABSOLUTE TRUTH!

We welcome ALL inquiries about our services and ask that you contact us right away if you have a deal to discuss!

If you are a client or investor who has received such a contract or offering from a broker or other intermediary or any other company and you would like us to privately review, analyse, perform initial due diligence, and make extensive comments and recommendations on any leasing and monetization (or a trading) transaction for you then contact us right away.

Our service could potentially save you hundreds of thousands if not millions

Please email us at your convenience to [email protected]

Visits are strictly by Appointment only and by ECSL invitation

Please Do Not Visit Any of Our Offices without an Appointment,

As you will not be seen by any executive

Disclosure, Confidentiality & Privacy:

This is NOT a solicitation for investment funds and it is NOT an offer to buy or sell securities. Likewise, this is NOT any form of bank or financial institution policy. The reader agrees that any effort on their part to participate in this financial opportunity is done unsolicited: The sender is an Independent Consultant and makes no warranties or representations as to use of this information of any purported Transaction. The Sender of this e-mail is not a registered US securities, investment, insurance, tax, legal agent, broker, dealer or adviser, and this email, content, and/or any/all transactions referred to in this or in any other sender email and/or attachments should be considered of a private confidential nature only and not be construed in any way as any type of offering or solicitation. Information is presented as per your request as a courtesy solely for informational and educational purposes. Viewers of this information agree to be responsible for any and all due diligence. Content is subject to errors and omissions. Any disclosure, retransmission or dissemination is prohibited. Upon receipt of these documents you, as the Recipient, hereby acknowledge this warning and disclaimer. These confidential communications are protected under Gramm-Leach-Bliley Act and any other laws addressing the disclosure of non-public personal Information. If you are not the intended recipient, you are hereby notified that any dissemination of this or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender by return e-mail and delete this message, along with any attachments, from your computer