So-Called "Prime" Bank and Similar Financial Instruments
|Securities and Exchange Commission|
SO-CALLED "PRIME" BANK AND SIMILAR FINANCIAL INSTRUMENTS
The Securities and Exchange Commission is alerting investors to the recent rise in possibly fraudulent schemes involving the issuance, trading or use of so-called "prime" bank, "prime" European bank or "prime" world bank financial instruments.1
These instruments typically take the form of notes, debentures, letters of credit, and guarantees. Also typical in the offer of
these instruments is the promise or guarantee of unrealistic rates of return, for example, a 150 percent annualized rate of
"profits." Common targets of these schemes include both institutional and individual investors, who may also be induced
to participate in possible "Ponzi" schemes involving the pooling of investors' funds to purchase "prime" bank financial
On October 21, 1993, federal financial institution supervisory agencies2 issued an Interagency Advisory to their regulated financial institutions. The Interagency Advisory warned of the use of schemes involving "prime" bank financial instruments and noted that:
* Individuals have been improperly using the names of
large, well-known domestic and foreign banks, the World
Bank, and central banks in connection with their "Prime
* The named institutions "had no knowledge about the
unauthorized use of their names or the issuance or
anything akin to 'Prime Bank'-type financial
* The staffs of the federal supervisory agencies are
unaware of the legitimate use of any financial
instrument called a "Prime Bank" note, guarantee,
letter of credit, debenture, or similar type of
* Financial institutions should watch for the attempted
use of traditional types of financial instruments that
are referred to in an unconventional manner, "such as a
letter of credit referencing forms allegedly produced
or approved by the International Chamber of Commerce."
As to this latter point, the Interagency Advisory referred to examples of "bogus schemes involving the supposed issuance of an 'ICC 3034' or an 'ICC 3039' letter of credit by a domestic or foreign bank."
The Interagency Advisory also noted that many of the illegal or dubious schemes "appear to involve overly complex loan funding mechanisms." In the eyes of an unsophisticated investor, this complexity may make a questionable investment appear worthwhile. The SEC warns investors and those who may advise them, particularly broker-dealers and investment advisors, of this possible hallmark of fraud and reminds them of a basic rule for avoiding securities fraud, "If it looks too good to be true, it probably is!"
* * * *
The SEC requests that those with information regarding the
offer or sale of "prime" bank or similar financial instruments
provide that information to one of the SEC offices listed below.
When information is sent to one of the regional or district
offices, it should be sent to the attention of the Assistant
Regional Administrator (Enforcement).
-- FOOTNOTES --
-- These schemes do not involve the offer or sale of financial
instruments issued by any financial institution having the
word "prime" in its name; rather, that word (or a synonym,
as in the phrase "top fifty world banks") is used to refer,
generically, to financial institutions of purportedly high
repute and financial soundness.
-- These agencies are the Board of Governors of the Federal
Reserve System, the Federal Deposit Insurance Corporation,
the National Credit Union Administration, the Office of the
Comptroller of the Currency, and the Office of Thrift