Investment Scam Report to SEC Philippines

here’s a practitioner-grade, everything-you-should-know explainer on reporting an investment scam to the Philippine Securities and Exchange Commission (SEC)—what counts as a “scam,” who has jurisdiction, exactly what to file, parallel remedies, and what outcomes to expect. this is general information, not legal advice.


1) what the SEC can (and can’t) do

SEC’s mandate (high level). The SEC regulates the offer and sale of securities and the people who sell them. It investigates and prosecutes:

  • Unregistered securities (e.g., “investment plans,” “packages,” “shares/units,” “profit-sharing” that are really investment contracts).
  • Unlicensed sellers (persons pitching investments without the proper broker/dealer or salesperson license).
  • Fraudulent practices (misstatements, Ponzi/pyramids, guaranteed returns, misappropriation).

Core legal hooks (for your complaint wording).

  • Unregistered offer/sale of securities (Securities Regulation Code “SRC” §8.1).
  • Unregistered brokers/dealers/salesmen/agents (SRC §28).
  • Fraudulent transactions / scheme to defraud (SRC §26 & related rules).
  • Advisory/cease-and-desist authority (administrative powers to stop the scheme, subpoena, impose administrative fines, and refer for criminal prosecution).

Limits. The SEC is not a collection agency. It can stop the scheme and bring administrative/criminal action; recovery of your money may require civil action and/or enforcement against frozen assets, and often parallel criminal cases (e.g., estafa) with the DOJ/NBI/PNP.


2) spotting a “security” (why many “plans” are actually illegal securities)

If people contribute money with an expectation of profit primarily from the efforts of others (the organizer/trader/miner/upline), you’re likely looking at an investment contract, a form of security. Typical red flags:

  • Guaranteed 20% monthly/2% daily returns,” “double your money,” “passive income.”
  • Paying “returns” from new recruits’ money (Ponzi/pyramid traits).
  • “We are SEC-registered” (as a corporation only), but no SEC permit to offer the actual investment. (Registration to do business ≠ securities registration.)
  • Sellers have no SEC license as broker/dealer/salesperson.
  • Heavy use of e-wallets/crypto and closed chat groups to solicit funds.

3) stop the bleeding (first moves for victims)

  1. Cease payments immediately; do not “roll over” principal for promised bonuses.
  2. Preserve evidence (see §5) and export chats/social posts now (these disappear fast).
  3. Warn contacts you referred (you may be both victim and “downline” on paper).
  4. Secure accounts/devices (change passwords; beware of “refund” phishing).

4) where to report (jurisdiction & coordination)

  • SEC (primary): for unregistered securities, unlicensed selling, investment contract schemes, and fraud in securities offers. File with the SEC’s enforcement/investor protection office or the nearest SEC regional extension office.
  • NBI (Anti-Fraud/ Cybercrime) and/or PNP-ACG: for estafa, syndicated/large-scale estafa, online fraud, identity theft, and cyber-evidence preservation.
  • AMLC (through law enforcement/SEC): for freezing/tracing of proceeds of unlawful activities via banks/e-wallets (anti-money laundering coordination).
  • Other regulators (if relevant): BSP (if a bank/e-money issuer is involved), Insurance Commission (if the “investment” is an insurance-like product), DTI (consumer protection angles), NTC (site/app blocking with law-enforcement lead).

You do not need to choose only one. It’s normal to file with SEC and NBI/PNP in parallel; they often coordinate.


5) evidence checklist (attach as exhibits)

  • Identity of perpetrators: names, aliases, company names, pages, channel handles, numbers, emails, domain links.
  • Pitch materials: brochures, deck/sheets, screenshots of posts/stories/videos, recorded webinars, AMA/Q&A, FAQs showing promised returns.
  • Solicitation trail: private messages, group chats (export .txt/.html), invite links, referral codes.
  • Transaction proof: deposit/transfer slips, bank statements, e-wallet receipts, on-chain tx IDs (for crypto), contract notes, promissory notes, “activation” codes.
  • Corporate artifacts (if any): business cards, SEC Certificate of Incorporation (if they flashed one), “contracts,” MOAs, “guarantee letters.”
  • Victim matrix: a table listing each investor (name, contact, amount, dates, channel used).
  • Timeline: a simple chronology (date-time → act → amount → proof reference).
  • Loss computation: principal, payments received, net loss, pending “promised” amounts.

Pro tip: hash digital files (SHA-256) or at least keep original metadata; it strengthens authenticity if the case escalates.


6) how to file with the SEC (contents & format)

Prepare a Complaint-Affidavit (verified) that includes:

A. Parties and scheme

  • Your identity (with ID), relation to the scheme (victim/whistleblower), and contact details.
  • Names/aliases of respondents; if corporate, the company name and officers you dealt with.

B. Facts (clear, dated timeline)

  • How you were solicited; exact statements of promised returns and guarantees; who said them; when/where (attach screenshots).
  • How you paid (dates, channels, amounts, tx references).
  • What you received (if any), and how the scheme later failed (non-payment, blocking, new “top-up” conditions).

C. Legal violations (use these phrases)

  • Unregistered sale of securities/investment contracts (SRC §8.1).
  • Acting as unregistered broker/dealer/salesman/agent (SRC §28).
  • Employed a device, scheme, or artifice to defraud; made untrue statements of material facts; engaged in acts operating as fraud (SRC §26 and related rules).
  • If a pyramid: emphasize compensation primarily for recruitment, not product value (note: pyramids are illegal; if “products” are a pretext, point that out).

D. Reliefs sought

  • Immediate investigation and issuance of Advisory/Show-Cause/ Cease-and-Desist Order to stop solicitations.
  • Asset tracing/freezing coordination with AMLC and law enforcement.
  • Administrative sanctions and criminal referral to the DOJ.
  • Restitution/disgorgement and other remedies as allowed.
  • Confidentiality of your personal information for safety (as appropriate).

E. Attachments

  • Label exhibits (A-1, A-2…); paginate and index them.

Execution & submission

  • Sign the Complaint-Affidavit and have it notarized (or executed under oath before an authorized officer).
  • File in person or by accepted electronic means (check current SEC office practice), and keep stamped/acknowledged copies.
  • If you represent multiple victims, attach Special Powers of Attorney or have each victim execute their own affidavits and a joint complaint.

7) parallel criminal & civil tracks (maximize recovery odds)

Criminal (with NBI/PNP → DOJ → courts):

  • Estafa (Revised Penal Code) and, where multiple perpetrators/large victim counts, syndicated/large-scale estafa (heavier penalties).
  • Cybercrime qualifiers for online solicitation, identity theft, computer-related fraud.
  • Money-laundering (as a predicate offense) to support asset freezing/forfeiture.

Civil (your private recovery):

  • Rescission/nullity of illegal contracts; restitution of sums paid; damages.
  • Pre-judgment attachment (to secure assets) if requisites are met.
  • Representative/joinder actions if victims are numerous and issues are common.

Filing with the SEC is not a substitute for these. Work with counsel on both tracks where amounts justify it.


8) outcomes & timelines (what to expect)

  • Advisory / Public warning: often quick once evidence is verified; it chills further solicitation and helps other victims.
  • Show-Cause / Cease-and-Desist Order (CDO): can be ex parte (urgent) with a later hearing; stops the scheme’s public offers.
  • Administrative fines & directives: against those within SEC reach.
  • Criminal referral: SEC forwards to DOJ for prosecution; this takes longer.
  • Asset measures: With law enforcement/AMLC help, authorities may freeze or flag accounts; recovery depends on what’s left and court outcomes.
  • Restitution/ disgorgement: possible via administrative/court orders, but practically limited by traceable assets.

9) special scenarios (tailored guidance)

A. “SEC-registered corporation” is flashing its certificate. That certificate only proves corporate existence. Ask: Is the investment itself registered? Do the sellers hold SEC licenses? If not, still actionable.

B. “We’re a cooperative/church/NGO; donations only.” If there’s expectation of profit or sharing of earnings from the organizers’ efforts, that’s still a security/investment contract. Report it.

C. Crypto/forex “managed accounts.” If you send funds/keys for someone else to trade promising returns, that’s usually an investment contract. Attach wallet tx IDs and exchange logs.

D. Product-based multi-level scheme. If income is primarily from recruiting, not real product value, it’s a pyramid; add pricing/commission tables that prove recruitment-driven pay.

E. Cross-border organizers. Still report. Provide domains, exchanges, recipients, and any local agents (presenters, introducers, “trainers”) who are within Philippine jurisdiction.


10) victim protection, privacy, and safety

  • Do not post your IDs/account numbers publicly when crowdsourcing victims; use secure forms and redact.
  • Ask SEC/law enforcement to withhold your address in public postings when safety is a concern.
  • Beware of “recovery agents” and fake “SEC officers” asking fees to release funds—another scam variant.

11) taxation notes (don’t miss these)

  • Losses from scams are not automatically tax-deductible for individuals. Keep documents in case of future guidance or if you’re engaged in trade/business where loss classification might apply.
  • If you received “returns” earlier, these may have tax traces (e.g., withholding/final taxes) or none at all; disclose truthfully if questioned.
  • For organizers under investigation, non-filing/misdeclared income may trigger tax cases in parallel with securities violations.

12) internal playbooks (ready to use)

A. 15-minute triage (victim)

  1. Stop funding; screenshot everything.
  2. Export chats (Telegram/FB/Viber/WhatsApp), download photos/videos.
  3. Gather receipts/statements (PDF) and build a loss table.
  4. Draft a one-page timeline.
  5. File with SEC and NBI/PNP; get receiving copies.

B. Exhibit index (template)

  • Exh. A – Your government ID (redacted copy).
  • Exh. B – Pitch deck/screenshots (with dates/URLs).
  • Exh. C – Chat logs (exported).
  • Exh. D – Proofs of payment (bank/e-wallet/crypto TX).
  • Exh. E – Victim matrix (names, amounts, contacts).
  • Exh. F – Corporate/brand artifacts (if shown to you).
  • Exh. G – Demand/complaint emails/messages you sent.

C. Complaint-Affidavit (skeleton)

  1. Intro & personal circumstances
  2. Respondents & capacity (who they are/claim to be)
  3. Facts (chronology with references to Exhibits)
  4. Legal violations (SRC §§ 8.1, 28, 26; fraud/ pyramid traits)
  5. Reliefs (investigate, CDO, criminal referral, asset tracing, admin sanctions, restitution, confidentiality)
  6. Verification & Oath (notarized)

13) common pitfalls (avoid these)

  • Relying on “SEC registration” of a company as proof the investment is legal. You need a permit for the offer and licenses for sellers.
  • No notarization / weak exhibits. Affidavits without annexes have low evidentiary weight.
  • Waiting too long; money moves fast. File early to improve chances of asset tracing.
  • Paying “processing fees” to supposed recovery teams.
  • Defamation risk: When warning others, stick to documented facts; avoid name-calling—especially online—while the case is pending.

14) quick Q&A

Q: Can I get my money back just by filing with the SEC? A: Not automatically. The SEC can stop the scheme and penalize; recovery usually needs civil/criminal processes and depends on traceable assets.

Q: I referred friends. Am I liable? A: If you actively solicited for a fee/override, you may be treated as a participant in illegal selling. Still report; disclose your role truthfully and seek counsel.

Q: The group says they’re “moving to a new platform” and need more time. A: Classic stall. File now; add that message as evidence.

Q: They say “returns” come from trading/arb/mining. A: Ask for trade records and independent proof. If none, it likely relies on new money—report it.


bottom line

An investment scam report that wins is specific, documented, and legally framed: show that what was sold is an investment contract, the offer was unregistered, the sellers were unlicensed, and fraud occurred. File with the SEC (primary), and with NBI/PNP to pursue criminal and asset-tracing angles. Preserve evidence, act fast, and run civil/criminal tracks in parallel to maximize recovery chances.

if you want, I can turn your materials into a ready-to-file Complaint-Affidavit package (with exhibit index and a victim matrix spreadsheet). just tell me: (1) who pitched you, (2) amounts/dates, (3) how you paid, and (4) what proof you’ve saved.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.