Showing posts with label investment fraud. Show all posts
Showing posts with label investment fraud. Show all posts

THE DECADE LONG RAPE OF PHILIPPINE INVESTORS BY MIFE


(A CONTINUING STORY)


In 1987, after our attempt to make an actual delivery of Copra (dried coconut meat used to produce coconut/vegetable oil and one of four commodities traded at the defunct Manila International Futures Exchange) was blocked with an offer to withdraw our maturing contracts at a nifty profit, the brokerage house I used to work for decided to close the branch where I was assigned. We were offered two options: resign and get a severance pay or be reassigned to the main office in Makati, the country’s premier financial district. I decided to be reassigned, and you wouldn’t believe what I went through next!

Having first-hand knowledge that prices can be manipulated at the exchange, I set out to find out more about this well-hidden secret. With the help of a friend who used to work at the trading floor of the exchange, I learned the hand signals used at the MIFE trading floor (in contrast to the open outcry system used by established exchanges like CBOT and NYSE). I would visit MIFE’s viewing deck and take down notes. I noted which big broker protects certain price levels in each commodity traded at the exchange. With this knowledge, I would scamper back to the office to place my orders. Guess what? Every time I place a limit order, the price would be off by a pip or two, making me more convinced that indeed I am trading in the right direction. But, my orders were not getting hit (the market wasn’t going to give me a free ride). In the succeeding sessions I decided to put in a market order (at any price order). Usually, this kind of order would be immediately confirmed. But lo and behold, my order for merely 2 contracts moved the price limit up for two consecutive sessions. In a limit up situation your order will not be confirmed even if you place a market order, meaning even if you are willing to take the order at any price. The convenient excuse they gave to justify the situation is that there were more buyers than sellers and so my order cannot be filled! Bullshit my ass, as if I didn’t know that the volume of trade in the exchange is a farce. Anyway, I could sense that I am being watched closely by then. Finally, realizing that I can wreck havoc to the company and to the exchange itself, the head trader (a HK-based Chinese) talked to me and told me outright that if I want to make money I must place my orders with another brokerage house. He told me he would even help me and gave me a list of brokers who are not that closely linked to our company. He gave me specific instructions to open accounts and place orders only with the brokers he had just shortlisted. And sure enough my orders were getting hit and my clients were making money for a while, until it stopped once again. My orders were not getting hit once more. I later realized that this must have been the times when no new orders were coming in to the member brokers of the exchange. Then, one day the head trader approached me and talked to me heart to heart. He asked how many new accounts I could immediately open and when I told him I could open as many as he wanted, he finally made me an offer! He wanted 25% of the profits from my trades in exchange for information he would provide me (when to get in, what commodity to trade, what price to write, what specific session to enter). Not only that, he gave me his own money to open an account for him with another broker and I was to get 25% this time while he gets the rest. I fell for it, besides who wouldn’t? It was sure money for me and my clients. We did make a killing then! Later on, I learned from the guy himself that there was a huge order from China (they were operating sweat shops in China too) and they simply were bucketing this huge placement. We merely took a free ride with them, in the process hitting the other unfriendly, or uncooperative brokers of the exchange. It was all dirty! And, they have been doing this for the past 10 years…milking Philippine investors dry.




I knew then that I needed to stop. Innocent investors were getting duped dry of their hard earned savings. This was not the kind of career path I wanted to take. So, when an offer to work with a forex broker came along, I and my group made a plunge without hesitation, thinking then that the forex market cannot be manipulated as with MIFE. I was wrong because I encountered more surprises after that.



In the light of renewed efforts to re-establish the Manila International Futures Exchange by some known figures in the banking industry here in the Philippines, I am compelled by conscience to blog about my real life experiences in this industry hoping that similar pitfalls can now be avoided by both investors and the regulatory authorities alike. Extra effort must be spent to unmask who the real people behind the revival of MIFE are. My blog site shall serve as a watch dog for similar investment undertakings. It shall be a forum to expose those who are out there to scam innocent investors. Big daddy will be vigilant and this is now his newfound advocacy.

HOW CAN YOU TELL WHETHER AN ONLINE FOREX BROKER IS A FAKE OR NOT


(PHILIPPINE BASED PERFORMANCE FOREIGN EXCHANGE CORPORATION IN REVIEW)

Speaking of on-line forex brokers, who can be called “fakes” or “scammers” , and who are not?

A business registration in the country where it holds office surely is not enough basis for anyone to conclude that a company is operating above board, or is not engaged with anything illegal. Having several accounts with prestigious and known banks is also not a guarantee of one’s business propriety. We’ve seen this happen over and over again in the past. We’ve seen how PIPC, a duly registered entity established in the like manner by the same person (Michel Liew), and operates in the same way as the “now-still-existing” Performance Foreign Exchange Corporation, (the subject of my critical blog review today) duped Filipino investors.

Many people would want to invest in the foreign exchange market anonymously for various reasons of their own. They are those who’d prefer to open accounts incognito (known only to the servicing company they deal with). There are also those who invest through the “hard sell” tactics of some forex brokers who utilize the services of marketing representatives with well- heeled family and social connections. More often than not, in their haste to establish foreign currency trading accounts, and in their effort to keep their identities concealed, they forget about doing a due diligence on the company at the onset ( a must-do prerequisite for all prospective investors).

Who then can we call fake forex brokers?

Trust, more than anything else, is the most important, yet the most abused word in all business transactions (specially so with on line investing). It is imperative that trust and confidence is present in any transaction between the investor and his broker. And, in online foreign currency trading, it is imperative for the forex broker to go out of his way to prove the legitimacy of his business through the published pages of his web site. ( I have always maintained that the burden of proof always lie in the hands of the soliciting bro

ker.) To gain the trust and confidence of its prospective investors, an on line broker must therefore make a full disclosure of all the relevant facts pertaining to their company and the conduct thereof. All these must be clearly stipulated and can be easily found in their websites. Pertinent data such as bank references, accreditations and affiliations with respectable and acceptable financial institutions must be published prominently in their web sites. Failure to do so, to me, is intentional concealment of pertinent facts needed by a prospective investor to make a fair and square assessment of the company. In my opinion, non publication of these pertinent data on a website is equivalent to misleading the public and is no different from the malpractice of providing false information to their clients.

Bank References

If a broker deals directly with a bank (meaning if it courses all its forex transactions directly to a bank), then the broker must publish verifiable information about his account (and about the bank as well) in his website. (For all you know, the particular bank may not even have a foreign currency trading window, or, the account opened is not a trading account but merely a standard depository account.) Should issues of confidentiality be raised, the least that the broker must do is to publish a statement in the web site stipulating that such documents are available on request. Given this, prospective investors will have the chance to fairly decide whether to take the risk or not with the broker.

Verifiable Accreditation

Brokers, by definition are intermediaries. They act as agents of certain financial institutions such as banks, currency exchanges, large financial investment houses. Also, they often are required to submit to the jurisdiction and supervision of regulatory agencies in such established countries like in the U.S., Australia, Great Britain, Germany, Singapore, Malaysia, and Hongkong. Legitimate on line brokers must surely have at least one such verifiable affiliation, membership, or accreditation. Those without should be suspects and immediately discarded from your list. Those who make false claims can now be more

easily exposed and avoided.

IN FOCUS:PERFORMANCE FOREIGN EXCHANGE CORPORATION-A critical review of the website http://www.eforex-asia.com/

If I were to invest money on online foreign currency trading and PFEC happens to be one of the many brokers I am considering, this is how I shall assess their website http://www.eforex-asia.com/:

Pros:

  • Has an attractive, professional looking web-site (makes you stay longer and do a deeper snooping of the site)
  • Offers practically all the necessary tools and services an investor needs to be able to manage his own account.
  • easy to navigate website with a fast download link to its user friendly trading platform interface

Cons

  • misleading claim #1: “PERFORMANCE FOREIGN EXCHANGE CORPORATION (PFEC) was registered with the SEC on 23 June, 1998 primarily to operate as an agent between market participants in transactions involving but not limited to foreign exchange, deposit,..” Due diligence would easily ferret out the truth that this company is registered as as information, service and facilities provider only and not as a broker.(I still don’t know how they got away from with these with the SEC when the website clearly states they are engaged in brokering services (a business activity requiring a different licensing requirement)
  • misleading claim #2:TestimonialsThe following are testimonials of clients of Performance Foreign Exchange Corporation or any of its country affiliates/subsidiaries. As a rule these testimonials are unsolicited gratis from people we do business with.” Easily, one will sense a deliberate ploy to mislead readers here with the inclusion of its “affiliates and subsidiaries. The testimonials may be from other sources and not theirs but the inclusion of such rejoinder is a ploy to be able to publish favorable testimonials from other sources and make it appear as their own.
  • misleading claim #3: PFEC has claimed affiliation with this company “SolidGold Financial Services, Inc. (U.S.A.) , Registerered: Futures Commision Merchant, Commodity Trading Pool Operator, Commodity Trading Advisor.” The claim is false! No record of this company exists with the CFTC or with NFA. Anyone can easily get this information from the websites of both agencies.

I still have much more to discuss, but again because of limited space, I need to end this blog for now. Besides, if I were the investor, what I have so far discussed is enough for me to decide not to deal with a company that deliberately mislead its prospective clients and make false claims about its accreditation.

(This is my opinion. What is yours? Please feel free to post your comment below.)

If you try to do a google or a yahoo search for “forex trading” you’d be swamped with a search result spanning several pages and containing hundreds (perhaps even thousands) of companies offering on line forex trading services, all purporting to be legitimate forex brokers. But how would you really determine who is legit and who is not?

Retail spot foreign currency trading (as it is officially termed in the U.S.) or forex as it is commonly known here and about, started from the need of some major participating financial institutions to spread out the entailing risks of rapid and wide foreign currency exchange fluctuations among a wider base of participating investors. (It should be noted that foreign currency trading used to be the exclusive turf of huge banks and large financial institutions since transactions here are in volumes impossible for the ordinary investor to manage.) The introduction of the leveraged trading system (or margin trading) to the interbank spot foreign currency market opened the doors of the once exclusive foreign currency trading to ordinary individual investors. With the use of modern, internet based technology, linkages between the individual investors and participants of the interbank currency market were established using duly designated financial intermediaries such as brokers and investment houses.

However, taking advantage of the same, readily available technology and operating incognito through well designed and user-friendly web sites, boiler room operators continued to ply their trade facelessly, bleeding unsuspecting investors dry. These “scammers” uses trading platforms that simulates actual interbank trading linkages which were even designed by known software developers. The ordinary users of these trading platforms will really have no way of knowing whether or not their orders were actually executed with a participating bank or institution in the interbank currency market. For all you know, the orders may have ended up in a secretly guarded link in Macau while the invested funds remained in the hands of these scrupulous sweat shop operators. (As early as1990, the HK based company I used to work for and the other scam operators like the Solidlink Group - now SolidGold - to which the Infamous Michael Liew belonged, had set up a computerized trading network (which simulates the interbank currency market) based in some fancy office in the Portuguese Colony.

At this point, you may want to ask:

So what if it is not bank based as long as the reference rate of exchange on which a particular trade is “executed” is based on the spot market rates? True. True enough. However, the risk of investing money with a scam operator is not with the seemingly real trading being done using their platform but with the fact that they can always ran away with your money anytime and you will be left holding an empty bag with no clue as to how and where you can seek redress, as in the case of PIPC in the Philippines.

How then can we avoid these? How would we know who is a legitimate forex broker and who is not when the only information we have is what we get from their web pages? Precisely, never trade through a broker who does not provide you with the necessary information about their company.

But what information about the broker must I have to know if my money would be safe to invest through them? Among other things (like length of existence as a broker, licenses and certifications collected from legitimate financial institutions and known clients) you must also demand to know if the company or the company it is affiliated with is a member of the US National Futures Association and is registered with the US Commodity Futures Trading Commission. If they are not US based, they must instead provide you information and proof of their trading linkages with a prestigious bank or financial investment house. Make it a general rule not to deal with internet based forex broker who does not provide these information on their web pages.

But they can always falsify these information? you can easily check them out with NFA. Accredited members of NFA proudly display their membership id in their web sites. Whether they provide you with the id or not, you can always check on them easily at the NFA website (http://www.nfa.futures.org/basicnet/welcome.aspx). Again, if they or their affiliate is not US based, they must provide you with verifiable documentation of their bank or financial institution’s linkages.



COMMODITY FUTURES TRADING - THE MIFE WAY (CIRCA 1985)

I started out as a commodity futures trader in 1986. I was recruited and trained by the staff of a member-broker of the now defunct Manila International Futures Exchange for two weeks. After which, the company already let me out to solicit clients. I still had a basket full of questions that were left unanswered after the training so I had to content myself to doing a lot of research on my own to fully equip myself. Afterwards, I immediately called on close acquaintances, personal contacts, and family friends as I thought that one or two may dabble into this because of personal cognizance. And true enough, one of our family friends did! In fact, the guy was already trading in Copra futures (dried coconut meat from which coconut oil is extracted). He happened to be trading with another company ( also a member broker of MIFE) and was losing heavily. Knowing me personally, he decided to open up an account with me to try me out. We sold the 6 month forward contract of Copra futures and immediately we got caught up in a losing position. We sold the contracts at Php10 at that time when the current price of Copra was only Php6 in the real market. Both the guy and I were baffled by the way the prices at the exchange were moving…they were going up while the actual market price as well as the price of the end product (coconut oil) in the world market were going down. We went through a series of successive margin calls specially when the contract month of our holdings got nearer. What the people at the headquarters did not know was my guy was “loaded” and can absorb the uncanny rise of prices in the exchange. But the most important bit of information the headquarters did not know about my client was the fact he was one of the biggest copra trader in southern Philippines and supplies copra to large multinational companies in Manila.

When the contracts we were holding for six months became spot month, the price went all the way up to Php18 (while the actual market price was only Php5). My client and I already sensed that something was amiss. It was as if the market was doing all it can to break our resolve and get us out of the market and take our loss. So, the last time I went to my client to collect the required deposit to cover the full amount of the contracts, we both decided we will deliver. And when I served notice to the company that my client will deliver, it practically got everyone in the exchange truly worried. I received successive phone calls from my own manager asking me to discourage my client because of “the many obstacles we needed to hurdle to get our deliveries accepted by the exchange.” However, I made it very clear to my manager that my client was unwavering on his decision to make the deliveries. It didn’t make sense then to decide not to deliver because doing so will mean taking a whooping loss. Besides, the price of copra in the world market dropped to only Php5, and if we deliver to the exchange, we will get paid with the contract price of Php10 ( a reasonable profit for the 6 month ordeal the exchange made us go through, so we thought).

My manager decided to visit my client personally. I didn’t know what they talked about since they had a one-on-one session while I was sipping coffee at the hotel lobby. But after their talks, my client gave me specific instructions not to liquidate our positions without a reasonable profit.

In the next few days after that, I saw an unbelievable reversal in the price of the spot month of copra futures. From Php18 it went down to Php12. My manager started calling me again to liquidate our positions. My client and I stood firm. When the price reached Php8, my manager called me again and was practically begging me to liquidate. Sensing the utter desperation in him, I called up my client and we liquidated all our positions.

What a nerve racking experience it was for a neophyte trader like me. It was quite revealing though. I found out so early in my career as a commodity futures trader that prices in the Manila International Futures Exchange could be manipulated.

I got the chance to find out how extensive their scam operations were when I was transfered to the main office after they decided to close the branch I was working in. I shall share them with you in my next blog.

(Watch out for my succeeding blogs as they will be more revealing.)

THE “RAPE” OF PHILIPPINE INVESTORS


(A DETAILED ACCOUNT OF HOW THE MANILA INTERNATIONAL FUTURES EXCHANGE DUPED THE INVESTING PUBLIC FOR MORE THAN A DECADE)

You must have read or heard of a news story somewhere about a young, innocent girl being conned by a group of men into going with them to party all night with sweet promises of gifts and money. The innocent girl, enticed by their promises, went with them - her penchant for the promised rewards overshadowing her fear for her own safety. She ended up being locked up in a house for a long time and gang-raped over and over and over again!

This is the best way I can vividly picture to you the scam operations perpetrated by the defunct Manila International Futures Exchange from its inception in 1985 until it was finally issued a cease and desist order by the Securities and Exchange Commission in 1997.

The MIFE was established and headed by a Hong Kong-based British National who came to the Philippines touting the credentials of having headed the Hong Kong Commodity Futures Exchange sometime ago in the past. The Philippine authorities, mesmerized by the seemingly impeccable record of the foreigner, forgot all about conducting due diligence. They fell into the trap and approved the creation of a commodity futures exchange in 1985. The authorities were made to believe that the exchange will benefit Philippine farmers who are producers of copra, coffee, sugar, and soybeans, the four commodities to be traded in the new exchange. And so, the “rape” began!

Very few people knew the following details:

* That the Briton was actually a henchman of a group of Chinese businessmen-brokers who pulled a similar scam at the Hong Kong Futures Exchange (the Carrian Caper) in the past.
* That all the member brokers of MIFE were all inter-linked with each other and their operations were all funded by the same Chinese group
* That the Manila International Futures Clearing House which was supposed to be an independent entity in charge of clearing and auditing exchange transactions was actually owned by the same group and that the Filipino directors of both the exchange and the clearing house were mere dummies who never knew what was really going on (They were there just for the fee to put some semblance of credibility to the operations of both the exchange and the clearing house.
* That the SEC personnel tasked to monitor the daily activities in the trading floor were also under the payroll of the exchange, and for more than ten years they were there every single day but never really knew what their tasks were much less what they were supposed to monitor.
* That the volume transactions being reported by the exchange were all scam transactions and the supposedly actual trading being done daily by Filipino floor traders were actually being orchestrated by the Chinese dealers of each member broker shooting out instructions to their floor traders by phone all through out the trading sessions.
* That these Chinese dealers maintained phone hot lines connected to each other so they can manipulate the prices in all the four daily trading sessions of the exchange. They dictate how far the price must go up or down for each trading session.

What I have enumerated above are not mere allegations but first hand knowledge based on the personal contacts I had while working as an employee of some of the key players in this scam. For lack of space, I shall end my blog at this point with a promise that I shall share with you the details, and I mean the real details, on how this scam was pulled through. These series of revelations are actually meant to provide you with a better understanding of how forex scam operators conduct their business because spot foreign currency trading in the Philippines was an offshoot of the closure of MIFE.

 
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