The Securities and Exchange Commission (SEC) has recently issued an advisory (as seen below) on JAMSMART, 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 not to invest or stop investing in any investment scheme offered by the said entity, its representatives or any entities engaged in schemes which promises ridiculous rates of return with little or no risks.
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 fraudulent activities and potentially 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.
Based on the information gathered by the Commission, a number of individuals or group of persons claiming to represent JAMSMART headed by Niño Luis A. Jamili are enticing the public to invest their money in said entity.
As posted online, JAMSMART is offering investments to the public in its so-called “Franchise Investment Program” where an investor shall earn a total guaranteed 300% return on investment in a year. Below are its current offering to the public where an investor may co-own an outlet by investing as low as Php75,000.00 for an equivalent of 5% shares. For every 5% shares, there is a monthly 7% interest amounting to Php5,250.00, a Php4,750.00 allocated monthly sales shares, and a Php4,750.00 fixed allocated dividend for a total annual return on investment of Php225,000.00:
On the other hand, an investor may opt to avail a 100% Franchising Agreement amounting to Php1,500,000.00 where such investor shall earn a monthly interest equivalent to 10% and a monthly percentage earnings equivalent to 15% totaling 300% return on investment annually.
Considering that the above described schemes involved the sale of securities to the public, the Securities Regulation Code (SRC) requires that these securities are duly registered and that the concerned corporation and/or its agents have appropriate registration and/or license to sell such securities to the public pursuant to Section 8 and 28 of the SRC.
To date, contrary to the representation of JAMSMART that it is registered with SEC, records show that JAMSMART is not registered with the Commission either as a corporation nor as a partnership. Further, it is NOT AUTHORIZED to solicit investments from the public since it has not secured prior registration and/or license from the Commission as prescribed under Sections 8 and 28 of the Securities Regulation Code.
Hence, those who act as salesmen, brokers, dealers or agents or claim to act as such for JAMSMART in selling or convincing people to invest in the investment scheme being offered by said entity including solicitations and recruitment through the internet may be prosecuted and held criminally liable under Section 28 of the SRC and penalized with a maximum fine of Five Million pesos(P5,000,000.00) or penalty of twenty-one (21) years of imprisonment or both pursuant to Section 73 of the SRC.
Also, those who invite or recruit others to join or invest in such venture or offer investment contracts or securities to the public may incur criminally liability, or otherwise be sanctioned or penalized accordingly as held by the Supreme Court in the case of Securities and Exchange Commission vs. Oudine Santos(G.R. No. 195542, 19 March 2014).
The public is advised NOT TO INVEST or STOP INVESTING in any investment scheme being offered by any individual or group of persons allegedly for or on behalf of JAMSMART and to exercise caution in dealing with any individuals or group of persons soliciting investments for and on behalf of it.
Should you have any information regarding the operation of the subject entity, please call the Enforcement and Investor Protection Department at telephone numbers (02) 8818-6047 or send your report to the EIPD at email@example.com.
For the guidance of the public.
Pasay City, 09 February 2021.