What is the latest SEC Advisory on Online Paluwagans?

The Securities and Exchange Commission or SEC has recently issued an advisory (as seen below) on Ponzi Schemes disguised as Online Paluwagans (OnPals), warning the public of the individuals and groups involved in such activities. The advisory defines the activities behind the scheme, and advises the public to take precaution in joining or investing in these groups.

In support of this view, Coins.ph does not endorse or is affiliated in any way with such activities or products. Moreover, we have a zero tolerance policy on fraud and scamming practices. In a separate article, we have enumerated tips on how you can avoid investment schemes and other online scams. We urge our customers to be extra diligent with their funds and to act within our User Agreement.

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The Commission has received information that individuals or group of persons are enticing the public to invest in what is obviously a “Ponzi Scheme” in the guise of “Online Paluwagan” or “Onpal” through the following social media accounts, pages, or groups:

Transactions between the administrators and members were made through remittances, wire transfer, and cash deposits, among others. The social media was also extensively used to promote and operate the scheme.According to the information communicated to the Commission, the scheme involves a scheduled collection of money from each member by one or few administrators with an expectation to distribute the funds with interests to all members on their respective payout schedules. The persons recruiting or soliciting investments were promising huge returns to their members within a short period of time with interests ranging from 10% - 757% in as little as One to Ninety (1 – 90) days. 

Unfortunately, many of their respective members incurred huge loss of money and the administrators were reportedly unable to refund investments.

In view thereof, the public is hereby advised to stop investing in these kinds of activities and to take the necessary precaution in dealing with these groups or their representatives. Assurance should be made first that the company is lawfully engaged in business for which it is registered with the Commission as required under Sections 8 and 12 of the Securities Regulation Code (SRC).

Consequently, those who act as salesman, brokers, dealers or agents in selling or convincing people to invest in the said scheme including solicitations or recruitment through the internet may likewise be prosecuted and held criminally liable under Section 28 of the Securities Regulation Code and penalized with a maximum fine of Five Million pesos (P5,000,000.00) or penalty of Twenty One (21) years imprisonment or both pursuant to Section 73 of the SRC.

Furthermore, the names of all those involved will be reported to the Bureau of Internal Revenue (BIR) so that the appropriate penalties and/or taxes be correspondingly assessed.

Accordingly, those who invite or recruit other people to join or invest in this venture or offer contracts or securities to the public may be held liable or accordingly sanctioned or penalized in accordance with the Supreme Court decision in the case of SEC vs. Oudine Santos (G.R. No. 195542, March 19, 2014).

Should you have any information regarding the operation of the said scheme, please call the Enforcement and Investor Protection Department at telephone numbers 818-6047.

For guidance of the public.

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