promissory notes are often sold by independent life insurance
agents - lured by high commissions of up to 30% - who may know
nothing about the investments beyond what they’re told by
promoters. (In some cases, insurance agents have themselves
purchased promissory note investments). The insurance agents may
believe - incorrectly - that the notes are not securities, and
the agents may not realize either that they must be licensed as
brokers with the Department of Banking in order to sell
securities in Connecticut.
Some notes are issued on behalf of companies that don’t even
exist. Investors often get official-looking promissory note
certificates complete with legal-sounding language and gold
embossed seals. Insurance agents may tell investors the notes
are a safe investment since they are purportedly bonded or
guaranteed by insurance companies. However, most of the surety
companies guaranteeing the notes are unlicensed, are located
offshore and are not able to financially stand behind the
promised guarantees. As an added risk, the companies who choose
such means of financing invariably find it extremely difficult
to pay investors their promised returns within the specified
short timeframes.
Potential investors can be thrown off-guard since they often
know and may have a long-standing, trusted relationship with the
insurance agents selling the notes. In addition, out-of-state
investment advisers may also sell promissory notes, and some are
promoted over the Internet.
What’s the attraction of promissory notes? Many of the
victims are elderly investors who don’t want exposure to the
risk of the general securities market and aren’t interested in
traditional insurance products. They may, however, be attracted
to "promissory notes" because they seem to offer safety along
with a higher-than-market rate of return.
According to the sales pitch, the promissory notes are from
supposedly "well-established" companies who need capital to
expand their businesses. Instead of borrowing money from a
traditional lender, they instead offer investors an opportunity
to purchase such "notes," typically with a maturity of nine
months and an annual interest rate of up to 20%. Agents may urge
clients to "cash-in" their life insurance policies and "roll"
them into these notes.
Where does the money go? The promoters may use a portion of
the money raised from investors to pay agents their commissions
or they may use a "Ponzi scheme" to pay Peter with new money
from Paul. Typically, according to regulators, they abscond
with the rest, squandering it on personal expenses or
high-flying life styles.