向Swisscash索回3100萬 受害人明年初獲退款

http://administrator-swisscash.com.my/

做了一点整理（红字），希望可以帮助到大家。

吉隆坡13日訊）大馬證券監督委員會（SC）宣佈，針對「Swisscash」網絡欺詐案，證監會成功從兩名欺詐案的答辯人取回逾3100萬令吉的金額，並將在明年初開始分階段還給身份被確認的欺詐案受害者。

證監會將從速委任索償金的行政管理人，並向未申請索償金的受害者，發出追討資金程序的通知，經過審核之後，才能夠發放償金。基本上，受害者需要有證明文件，並且未涉及有關欺詐案的招攬行動，並且是在證監會發出警告之前進行投資，以及符合特定條件，才有資格索償。

證監會主席丹斯里查麗娜安華表示，考慮到Swisscash欺詐案的牽涉範圍及規模龐大的支出，證監會認為，此次的索償行動可說是歷史性的里程碑。目前為止，證監會共接獲大約3000人在這項網絡投資欺詐案中蒙受損失的投訴。

明年初派發第一批付款

據瞭解，兩名答辯人－艾伯特李基憲和阿米爾哈山，於11月6日同意向證監會支付逾3100萬令吉，作為賠償金。查麗娜是在出席Swisscash網絡欺詐案解決方案的記者會時，透露有關案件的進展。

她說，儘管證監會希望儘快派發索償金，但仍需循序漸進，包括向法院提呈申請索償金的準則、委任行政管理人、在報章刊登廣告等。不過，證監會估計將在2010年初，派發第一批付款。

行政管理人將負責索償金的申請程序，並決定投資者是否符合索償資格。證監會將在近期內，向尚未申請索償金的受害者，發出追討資金程序的通知。

查麗娜表示：「索償的投資者必須能夠出示證明他們所作出的投資本金數額，及沒有參與騙局的招攬行動。同時，他們在初步投資所獲得的盈利，將從索償金的總數中扣除。其他審核條件包括：若投資者是在當局對有關騙局發出警告後，仍然一意孤行地進行投資，也將會失去索償的資格。」

Swisscash是一個全球的欺詐案及無國界的互聯網營業，證監會曾與來自7個其他國家的監管機構緊密合作，遏止這些非法活動，這跨越司法管轄範圍的合作揭發的重要資料，為調查工作帶來顯著進展。

SC 的网站有索偿 Q&A

http://www.sc.com.my/main.asp?pageid=811&menuid=903&newsid=&linkid=&type=

Swisscash Investment Scam Settlement: FAQS

Q1:	What is the current status of the civil suit taken by SC against those involved in the Swisscash activities?
A:	The SC has entered into consent judgment with Albert Lee and Amir Hassan on 6 November 2009 in which they have agreed to pay the SC in total a sum in excess of RM30 million which will be used to compensate investors.
Q2:	How soon will investors be able to get their monies back?
A:	While the SC would like payments to be made as soon as possible, there are several steps that need to be taken including submitting the criteria for eligibility to court, appointing an Administrator, posting the advertisements in the newspapers etc. Realistically therefore, we expect the first batch of payments to be made early next year.
Q3:	What happens now? What steps will be taken now by SC?
	Step 1: The SC will appoint an Administrator and will work with the Administrator to provide the court with a framework for the eligibility of claimants and the plan for distribution. Step 2: Get the court order approving the framework Step 3: The Administrator will manage the processing of claims which includes advertising for claims and deciding on the eligibility of investors. Step 4: Eligible investors will be notified and payment will be made.
Q4:	How will you decide on the eligibility of investors?
A:	Eligible persons would be those who have sufficient proof of their principal investment and who have not been involved in the scam as recruiters. Where profits have been made from their initial investments, such profits will be deducted from the claim sum. Claimants would have to show documentary proof of their investments in the scheme. Additionally, there will be other criteria such as whether they invested in the scam despite the warnings by the authorities.
Q5:	How much will I be eligible to receive?
A:	That will depend on whether you have met all the criteria of eligibility or not particularly acceptable documentary proof for your claim.
Q6:	What proof will I need to submit to the SC?
A:	Please submit proof of your investment with the Swisscash investment scheme, photocopy of your identification card or passport and proof of payments to the Swisscash by way of Telegraphic transfer, bank transfer, internet banking. We will only be able to compensate investors who can prove that they had invested with Swisscash and had lost their initial investment. Claims can be processed and approved speedily if proof is provided to aid the auditors assessing your claim.
Q7:	I only have photocopies of payment I have made to the Swisscash scheme. Can I still submit a claim?
A:	Yes you may still submit your claim but that may not assure you of being successful in your claim.
Q8:	What if I do not have proof of payments as I had handed over cash to an upliner?
A:	You may not get your investments back as the payment has to be administered based on the strict criteria.
Q9:	Why did the SC only obtain RM30 million when the judgment obtained in 25 September 2008 was for the sum of USD83 million?
A:	The judgment of USD83 million was the amount mentioned in the suit we filed against Albert, Kelvin & Amir Hassan. The evidence which we had gathered during investigation indicated that there was possibly up to USD83 million in total investments made by Swisscash investors. So when we applied to court for judgment at the time, we quoted the maximum investments that were made. If we had been successful in repatriating all the sums we had traced overseas, the figure would have been close to the settlement amount of RM31 million.
Q10:	Will I get all my money back?
A:	As the SC has a fixed amount of funds to compensate investors, approximately RM30 million, we will need to assess the total number of affected investors who submit claims coupled with the eligibility factors mentioned above. Additionally investors will be compensated based on the amount of their initial investment only. Profits will be deducted from the amount of investment.
Q11:	I have previously submitted a complaint to SC. Will I need to resubmit my complaint?
A:	If you have previously submitted a complaint to our Investor Affairs department, you will not need to do so again unless you have additional documentary evidence to support your claim.
Q12:	I invested after the SC's warning was issued on its website on 5 September 2006. Will I be able to get my money back?
A:	There is a possibility that you may not get your investments if you have invested past this date. However, the SC will propose a reasonable cut off period so as to ensure that investors who may not have been aware of the scam are compensated.
Q13:	I helped to recruit others to join and invest in the scheme. Will I be eligible to get my money back?
A:	One of the eligibility criteria in compensating investors is whether or not the investor was actively involved in recruiting others and therefore be considered as abetting the scheme. Any investor who was also involved in the scheme as a recruiter or an upliner would not be eligible to claim their money back.
Q14:	What happens to the monies in foreign jurisdictions that the SC was trying to repatriate?
A:	We will not continue with these efforts as the consent judgment is intended to allow the SC to use the monies provided by the defendants for purposes of restitution.
Q15.	I am a foreign investor. Will I be able to get my money back?
A:	Your claim will be processed together with the other claimants. However you must furnish sufficient proof of your claim. We will however need to determine whether a separate set of criteria is necessary for foreign investors and this criteria will be submitted to the court for its endorsement.