Lushapple.ph

July 18, 2023 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY This ADVISORY is prompted by reports and information received by the Commission concerning the activities of individuals or group of persons enticing the public through social media platforms to invest in a company named LUSHAPPLE.PH . EcTCAD On LUSHAPPLE.PH Facebook page, (https://www.facebook.com/profile.php?id=100076420446021), the subject entity is offering investments to the public with undisclosed percentage of interest . However, on a separate post by a certain FB Account named Alvin Sarroca David, a prospective investor will earn up to 40% interest . SDHTEC As explained in their posts, LUSHAPPLE.PH is looking for financiers whose money they could use to expand their business specifically in selling electronic devices (Phones, Electronic watches, Airpods, iPads), Golds, Luxury items, Appliances and others. A prospective investor will not do anything to earn from the money they invested. Lushapple.ph is solely responsible for the operation of the business. HSAcaE In this regard, the public is made aware that an "investment contract," a kind of security, exists when there is an investment or placement of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others which is prominent in the scheme of LUSHAPPLE.PH . As such, the Securities Regulation Code (SRC) requires that said offer and/or sale of securities must be duly registered with the Commission and that the concerned entity and/or its agents should have the appropriate registration and/or license to sell such securities to the public. Further, the Financial Products and Services Consumer Protection Act also prohibits investment fraud which is defined under the law as any form of deceptive solicitation of investments from the public which includes Ponzi schemes and such other schemes involving the promise or offer of profits or returns sourced from the investments or contributions made by the investors themselves and the offering or selling of investment schemes to the public without a license. AScHCD Based on the Commission's database, LUSHAPPLE.PH , is NOT REGISTERED as a corporation or partnership 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) . The scheme employed by LUSHAPPLE.PH has the characteristics of a "Ponzi Scheme" where money from new investors are used in paying "fake profits" to prior investors and is designed mainly to favor its top recruiters and prior risk takers and is detrimental to subsequent members in case of scarcity of new investors. The offering and selling of securities in the form of investment contracts using the "Ponzi Scheme" which is fraudulent and unsustainable, is NOT a registrable security. The Commission will not issue a License to Sell Securities to the Public to persons or entities that are engaged in this business or scheme. In view thereof, the public is hereby advised NOT TO INVEST or to STOP INVESTING in the investment scheme being offered by LUSHAPPLE.PH as well as to any other entities having the same or similar schemes and to exercise caution in dealing with any individuals or group of persons soliciting investments or recruiting investors for and on behalf of LUSHAPPLE.PH . Those who act as salesmen, brokers, dealers or agents, representatives, promoters, uplines, recruiters, influencers, endorsers and enablers of LUSHAPPLE.PH , in selling or convincing people to invest in the investment scheme being offered by the said entity including soliciting investments or recruiting investors through the internet may be held criminally liable under Section 11 of the Financial Products and Services Consumer Protection Act (FCPA) and Section 28 of the SRC and for the two offenses, both penalized with separate maximum fine of Five Million Pesos (Php5,000,000.00) or imprisonment of Twenty One (21) years or both pursuant to Section 73 of the SRC (SEC vs. Oudine Santos, G.R. No. 195542, 19 March 2014) . 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. HESIcT Should you have any information regarding any investment solicitation by any individual or group of individuals on behalf of LUSHAPPLE.PH , please send your report through email at [emailprotected] . For the information and guidance of the public. Makati City, July 18, 2023.