Authorization Letter

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ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT

SEC ADVISORY

This is to inform the public that MORGAN STANLEY INVESTMENT FIRM


ELINYAPP/ELINY-PH.COM/ELINY APP. is NOT AUTHORIZED TO SOLICIT
INVESTMENTS FROM THE PUBLIC and appears to impersonate the leading
American NYSE-listed, global financial services firm, MORGAN STANLEY.

This ADVISORY is prompted by reports and information gathered by the


Commission that individuals or group of persons particularly Mr.shades TV (YouTube
Channel) is enticing the public, through social media platform to invest in the fake
MORGAN STANLEY INVESTMENT FIRM ELINYAPP/ELINY-PH.COM/ELINY APP.

As posted online, the fraudulent MORGAN STANLEY INVESTMENT FIRM


ELINYAPP/ELINY-PH.COM/ELINY APP., claims that it is “an App owned by MORGAN
STANLEY, which provides real-time investment based on the port container shipping
index. It is further claimed that it is the first policy to benefit the people launched by the
Philippine Financial Department in order to quickly revive the national economy. It is
also the first policy to benefit the people launched by Morgan Stanley when it opened an
additional office in the Philippines.” They allege that it is legal, safe and permanent, and
is an important tool for the Filipino people to increase their wealth.

MORGAN STANLEY INVESTMENT FIRM ELINYAPP/ELINY-PH.COM/ELINY


APP is offering investments to the public with a minimal amount of Php500.00 up to
Php1,500.00. The investor can earn 50% daily profit, 10% from direct referral, and
minimum daily salary of Php350.00 up to Php6,500.00.

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 MORGAN STANLEY INVESTMENT FIRM
ELINYAPP/ELINY-PH.COM/ELINY APP.
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.

Based on the Commission’s database, MORGAN STANLEY INVESTMENT FIRM


ELINYAPP/ELINY-PH.COM/ELINY APP., 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 purported Certificate of Incorporation showed
by MORGAN STANLEY INVESTMENT FIRM ELINYAPP/ELINY-PH.COM/ELINY APP is
FAKE/BOGUS.

Besides, the public should be aware that the use of “Philippine financial
department” and “Ministry of Finance” by MORGAN STANLEY INVESTMENT FIRM
ELINYAPP/ELINY-PH.COM/ELINY in its posts/marketing materials betrays the
unfamiliarity of persons behind this scam of the accurate names of the relevant
government agencies in the Philippines and could indicate that foreigners are behind
the scheme.

Further, the scheme employed by MORGAN STANLEY INVESTMENT FIRM


ELINYAPP/ELINY-PH.COM/ELINY APP. 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 MORGAN STANLEY
INVESTMENT FIRM ELINYAPP/ELINY-PH.COM/ELINY APP. vis-à-vis Mr. shades TV
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 MORGAN STANLEY INVESTMENT FIRM
ELINYAPP/ELINY-PH.COM/ELINY APP. vis-à-vis Mr. shades TV.

Those who act as salesmen, brokers, dealers or agents, representatives,


promoters, uplines, recruiters, influencers, endorsers and enablers of MORGAN
STANLEY INVESTMENT FIRM ELINYAPP/ELINY-PH.COM/ELINY APP. vis-à-vis Mr.
shades TV, 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
both violations are penalized separately 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.

Should you have any information regarding any investment solicitation by any
individual or group of individuals on behalf of MORGAN STANLEY INVESTMENT FIRM
ELINYAPP/ELINY-PH.COM/ELINY APP. vis-à-vis Mr. shades TV, please send your
report through email at [email protected].

For the information and guidance of the public.

Makati City, 3 October 2023

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