America Mall-PH

February 6, 2024 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY This Advisory is prompted by inquiries, reports and information received by the Commission that individuals or group of persons representing an entity named AMERICA MALL-PH are enticing the public to invest their money in the said entity with a promise of high monetary rewards or profits. aScITE Based on the reports and information gathered and verified by the Commission, AMERICA MALL-PH , is engaged in a scheme known as "Tasking and Recharging" where the public is offered online jobs by performing certain tasks with a promise of receiving monetary rewards or what they call commissions and once a task is completed, the investor will be given another task to perform for the same promise of receiving higher commissions where additional funding or recharging from the victim is necessary to withdraw their earnings. Further, the said entity is using a FAKE CERTIFICATE OF INCORPORATION to make it appear that it is legitimate, to wit: Notably, Tasking and Recharging Scheme involves the offering and sale of securities in the form of "investment contracts" as defined under Section 3.1 of the Securities Regulation Code. An investment contract exists in Tasking and Recharging Scheme as 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. DETACa As such, the Securities Regulation Code (SRC) requires that said offer and 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. However, Tasking and Recharging Scheme , has the characteristics of a "Ponzi Scheme" where monies 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. Finally, R.A. No. 11765 otherwise known as the "Financial Products and Services Consumer Protection Act 2022 (FCPA) 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 contribution made by the investors themselves and the offering or selling of investment schemes to the public without a license or permit from the SEC. In view thereof, the public is hereby advised to exercise caution in dealing with any individual or group of persons soliciting investments for and on behalf of AMERICA MALL-PH . The public is further advised NOT TO INVEST or to STOP INVESTING in the investment scheme being offered by the subject entities or its representatives. Those who act as salesmen, brokers, dealers or agents, representatives, promoters, recruiters, uplines, influencers, endorsers, abetters and enablers of AMERICA MALL-PH , soliciting or convincing people to invest in the investment scheme being offered by the said entities including soliciting investments or recruiting investors through the internet may be held criminally liable under Section 11 of the FCPA and Section 28 of the SRC where both violations are separately penalized with a 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. HEITAD Should you have any information regarding the operation of the subject entity, please send your reports to the email of the Enforcement and Investor Protection Department (EIPD) at [emailprotected] or you may visit the EIPD at the 9/F, The SEC Headquarters, 7907 Makati Avenue, Salcedo Village, Brgy. Bel-Air, Makati City. For the information and guidance of the public. Makati City, February 6, 2024.