Ching Empiretans
SEC-EIPD Advisory • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Jul 1, 2021
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July 1, 2021 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY The Commission was made aware of the illegal investment-taking activities of CHING EMPIRETANS/CHING EMPIRE, E-AMBAG and GEEVER all of which are being run and operated by one Analie Tuyor a.k.a. Ericah Cassandrah Lee Ching . Based on the information gathered from the said reports, inquiries, and data from open sources, CHING EMPIRETANS/CHING EMPIRE, E-AMBAG and GEEVER are apparently propagating several investment-taking schemes which promise lucrative returns. According to the numerous reports, Ms. Analie Tuyor otherwise known as Ericah Cassandrah Lee Ching has used these platforms in enticing people into investing their hard earned money in the hopes to garner big profits. According to a Facebook post, Ching Empiretans offers a scheme where for P850.00 as entry fee, a prospective investor receives two (2) bars of soap allegedly worth P1,000.00 which he/she can resell, including audio books and access to an e-commerce website. The prospective investor also receives a lifetime 50% reseller discount on products. In addition to the option to resell the said products, Ching Empiretans also offers a direct referral bonus of P100.00, a sequence bonus of P1,200.00, Leveling and Pairing bonus of P400.00 and P200.00, respectively. Ching Empiretans is making it appear that the possibility of lucrative income is infinite which makes this investment-taking scheme very enticing to the investing public. E-Ambag, on the other hand, offers a straightforward 180% profit after 45 days. The prospective investor may choose to invest a capital from P500.00 up to P100,000.00 which will allegedly earn a 4% daily profit or a 180% profit after 45 days. It is notable that E-Ambag's slogan is "Mag-ambag, Magrelax, Mag-encash" which directly translates to 'contribute, relax, encash' otherwise known as IWE or Invest, Wait & Earn. E-ambag uses this slogan to entice prospective investors in earning big profits effortlessly. GEEVER, on the other hand, offers profits in exchange for 'donations.' The investment-taking scheme propagated by GEEVER is in the form of donation but in reality it really is an investment contract. The prospective investor or 'donor' is given a choice to invest an amount from P1,000 to P5,000.00 where they are promised 5% profit per day for 40 days or a total of 200% profit in 40 days. The prospective investors are further given a chance to earn more profits by direct referral system which offers a 30% bonus apart from the promise of 200% in 40 days. Essentially, the income generated from the foregoing compensation plans depends on the number of referrals and/or membership fees received by the entities. The investment-taking schemes proliferated by Ching Empiretans/Ching Empire, E-Ambag and Geever is a Ponzi Scheme where the 'income' given to the initial investors are taken from the subsequent investors. This business model is unsustainable and will inevitably result in the demise of the business which directly results in the prejudice of the investors. Applying the Howey Test , 1 the investment-taking schemes employed by Ching Empiretans, E-Ambag and Geever are investment contracts as they involve the offering and sale of securities to the public where their investors need not exert any effort other than to invest or place money in its scheme in order to earn profit. Therefore, CHING EMPIRETANS/CHING EMPIRE, E-AMBAG and GEEVER must be duly registered with the Commission and that any person or entity intending to offer and sell its investment contract are required to secure the necessary registration and/or license from the Commission as well. However, CHING EMPIRETANS/CHING EMPIRE, E-AMBAG and GEEVER are NOT REGISTERED with the Commission and OPERATES WITHOUT THE NECESSARY LICENSE AND/OR AUTHORITY to solicit, accept or take investments/placements from the public nor to issue investment contracts and other forms of securities defined under Section 3 of the Securities Regulation Code (SRC) . Hence, the public is advised NOT TO INVEST or STOP INVESTING in any investment-taking scheme offered by CHING EMPIRETANS/CHING EMPIRE, E-AMBAG and GEEVER or such other entities engaged in investment-taking schemes without the necessary licenses and/or authority. Accordingly, the Commission warns all unscrupulous individuals and/or entities that strict penalties are imposed for violations of the Securities Regulation Code, the Revised Corporation Code, and such other rules and regulations enforced by the Commission . Those who act as salesmen, brokers, dealers or agents of such unauthorized entities like the operators of the Ching Empiretans/Ching Empire, E-Ambag's Facebook Page and Geevers Facebook group and the websites www.Chingempiretans.com, E-Ambag.com and www.Geever.app in selling or convincing people to invest in their investment scheme offered including solicitations and recruitment through the internet may likewise be criminally prosecuted and penalized with a maximum fine of Five Million pesos (P5,000,000.00) or a penalty of Twenty-one (21) years of imprisonment or both pursuant to Sections 28 and 73 of the SRC. In the same manner, those who invite or recruit others to join or invest in such venture or offer investment contracts or securities to the public similar to ANALIE TUYOR who poses as ERICAH CASSANDRAH LEE CHING and the operators of the Ching Empiretans/Ching Empire, E-Ambag's Facebook Page and Geever's Facebook group and the websites www.Chingempiretans.com, E-Ambag.com and www.Geever.app , may incur criminal liability, or otherwise be sanctioned or penalized accordingly as held by the Supreme Court in the case of SEC vs. Oudine Santos (G.R. No. 195542, 19 March 2014). The names of all those involved will also be reported to the Bureau of Internal Revenue (BIR) so that the appropriate penalties and/or taxes be assessed correspondingly. Should you have any information regarding any investment solicitation activity by any individual or group of individuals representing CHING EMPIRETANS/CHING EMPIRE, E-AMBAG and GEEVER , please send your report to the EIPD at [emailprotected]. For the guidance of the public. Pasay City, July 1, 2021. Footnotes 1. Power Homes Unlimited vs. SEC (G.R. No. 164182, February 26, 2008).
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