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Bill McCready Scams and Shams When shouldn't you take the money? Opportunities for unscrupulous companies to offer money at seemingly amazing low rates are at an all time high. If your the bank won't lend it to you, and local investors won't give it a second look, ask yourself this question before you commit to anything. "Why would someone from out of state or out of the country even consider investing in my small startup company, when no one else will even consider it?" Here are a few of the scams, shams and flimflams encountered by entrepreneurs over the last twenty years. You can check some of the latest ones out by visiting the Security and Exchange Commission (SEC) website http://www.sec.gov/investor/alerts.shtml Secret Foreign Investors Usually a group from an economic hot spot that wants to get its money out of an unstable country. Any time you cannot contact the source directly, be wary. It could be drug money or government corruption money looking for a way to be laundered, and an up front finder's fee is usually demanded. Nigerian Love Letters A Nigerian national, often a General or petroleum executive "has discovered an unprocessed or underpaid invoice for $20+ million". The "General" will want to deposit these funds outside the country into your bank account, and you will receive a 10 %- 30% commission. The catch: They will drain your account as soon as you give them the transit codes, and you will have no recourse. Offshore Companies "Offshore", or tax haven, companies are often legitimately maintained in order to shield international assets from excessive foreign taxes on worldwide assets. U.S. Citizens must still declare ownership of assets, and will be taxed on those assets. Because it is not always possible to determine actual ownership, these companies are often fronts for drug money or other "not-so-clean" money sources looking for a legitimate enterprise in which to invest. 100% Startup Loans 100% startup loan programs and loan guarantee programs are just another up front fee scam. In the U.S., Legitimate banks do not make startup loans or loan guarantees, and are prevented by certain federal laws from taking excessive risks. If a company meets certain debt to equity ratios, and the principals have adequate collateral, personal guarantees, or an SBA guarantee, then a loan equal to 30% or less of the capitalization may be possible. Cash Only Investors Cash Only Investors should be a tip off to a money laundering scheme. Federal banking laws require depositors to declare where more than $10,000 in cash comes from, and the banks are obligated to report the same to the IRS. Under U.S. Law, the company and any affiliated assets may be confiscated if the money is determined to be from illegal activities. Summary Know the source of funds, do not accept money from strangers, and never ever pay large up front fees for any funding source or finder. Remember, if it sounds to good to be true, it probably is! Be sure to do your due diligence on all sources before agreeing to accept funding. Your attorney, CPA, or banker to assist you. Venture Planning Associates, Inc., http://www.ventureplan.com Tel. 858.457.3434 / efax 425-955-7531 capital@ventureplan.com
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