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So-called "Prime" Bank and Similar Financial Instruments  

The Securities and Exchange Commission is alerting investors to the recent rise in possibly fraudulent schemes involving the issuance, trading or use of so-called "prime" bank, "prime" European bank or "prime" world bank financial instruments. These instruments typically take the form of notes, debentures, letters of credit, and guarantees. Also typical in the offer of these instruments is the promise or guarantee of unrealistic rates of return, for example, a 150 percent annualized rate of "profits." Common targets of these schemes include both institutional and individual investors, who may also be induced to participate in possible "Ponzi" schemes involving the pooling of investors' funds to purchase "prime" bank financial instruments. 

On October 21, 1993, federal financial institution supervisory agencies issued an Interagency Advisory to their regulated financial institutions. The Interagency Advisory warned of the use of schemes involving "prime" bank financial instruments and noted that: 

*  Individuals have been improperly using the names of large, well-known domestic and foreign banks, the World Bank, and central banks in connection with their "Prime Bank" schemes. 

*  The named institutions "had no knowledge about the unauthorized use of their names or the issuance or anything akin to 'Prime Bank'-type financial instruments." 

*  The staffs of the federal supervisory agencies are unaware of the legitimate use of any financial instrument called a "Prime Bank" note, guarantee, letter of credit, debenture, or similar type of financial instrument. 

*  Financial institutions should watch for the attempted use of traditional types of financial instruments that are referred to in an unconventional manner, "such as a letter of credit referencing forms allegedly produced or approved by the International Chamber of Commerce." 

As to this latter point, the Interagency Advisory referred to examples of "bogus schemes involving the supposed issuance of an 'ICC 3034' or an 'ICC 3039' letter of credit by a domestic or foreign bank." 

The Interagency Advisory also noted that many of the illegal or dubious schemes "appear to involve overly complex loan funding. 

These schemes do not involve the offer or sale of financial instruments issued by any financial institution having the word "prime" in its name; rather, that word (or a synonym, as in the phrase "top fifty world banks") is used to refer, generically, to financial institutions of purportedly high repute and financial soundness.  These agencies are the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision. 

In the eyes of an unsophisticated investor, this complexity may make a questionable investment appear worthwhile. The SEC warns investors and those who may advise them, particularly broker-dealers and investment advisors, of this possible hallmark of fraud and reminds them of a basic rule for avoiding securities fraud, "If it looks too good to be true, it probably is!" 

The SEC requests that those with information regarding the offer or sale of "prime" bank or similar financial instruments provide that information to one of the SEC offices listed below. When information is sent to one of the regional or district offices, it should be sent to the attention of the Assistant Regional Administrator (Enforcement).


Northeast Regional Office
7 World Trade Center
Suite 1300
New York, NY 10048
(212) 748-8000
FAX: (212) 748-8049

Boston District Office
73 Tremont Street
Suite 600
Boston, MA 02108-3912
(617) 424-5900
FAX: (617) 424-5940

Philadelphia District Office
The Curtis Center
Suite 1005 E.
601 Walnut Street
Philadelphia, PA 19106-3322
(215) 597-3100
FAX: (215) 597-5885 

Southeast Regional Office
1401 Brickell Avenue
Suite 200
Miami, FL 33131
(305) 536-5765
FAX: (305) 536-7465

Atlanta District Office
3475 Lenox Road, N.E.
Suite 1000
Atlanta, GA 30326-1232
(404) 842-7600 
FAX: (404) 842-7666

Midwest Regional Office
Northwestern Atrium Center
500 West Madison Street 
Suite 1400
Chicago, IL 60661-2511
(312) 353-7390
FAX: (312) 353-7398

Central Regional Office
1801 California Street
Suite 4800
Denver, CO 80202-2648
(303) 391-6800
FAX: (303) 391-6868

Fort Worth District Office
801 Cherry Street
19th Floor
Fort Worth, TX 76102 
(817) 334-3821
FAX: (817) 334-2700

Salt Lake District Office
500 Key Bank Tower
50 S. Main Street, Suite 500
Box 79
Salt Lake City, UT 84144-0402
(801) 524-5796
FAX: (801) 524-3558

Pacific Regional Office
5670 Wilshire Blvd.
11th Floor
Los Angeles, CA 90036-3648
(213) 965-3998
FAX: (213) 965-3812

San Francisco District Office
44 Montgomery Street
Suite 1100
San Francisco, CA 94104
(415) 705-2500
FAX: (415) 705-2501

Division of Enforcement
Mail Stop 4-8A
450 5th Street, N.W.
Washington, DC 20549
(202) 942-4500
FAX: (202) 272-3636

Recommended further reading:
Type of Instruments
Introduction to Institutional Trading
An Introduction to Bank Debenture Trading Programs
Cashing negotiable instruments