Align Assets officers face indictment for securities fraud, cybercrime violations
State prosecutors will file criminal charges against Align Assets and its executives for allegedly orchestrating an unlicensed investment scheme that promised outsized returns through cryptocurrency trading, the Securities and Exchange Commission (SEC) said.
The Department of Justice (DOJ) issued a resolution finding probable cause to indict the firm for multiple violations of the Securities Regulation Code, according to an SEC statement on Friday, Dec. 26.
Prosecutors cited “prima facie evidence with reasonable certainty of conviction” regarding breaches of rules governing the registration of securities and the licensing of market participants.
The charges are being sought in conjunction with the Cybercrime Prevention Act of 2012, which increases penalties for crimes committed via information and communications technologies.
Align Assets marketed itself as decentralized trading platform based in the United Kingdom that operated without central leadership. It claimed to use automated “bots” to execute cryptocurrency trades, a narrative the SEC’s Enforcement and Investor Protection Department investigated following public inquiries.
While the company claimed international roots, investigators found the majority of its web traffic originated from the Philippines.
The firm’s investment model promised investors a daily return of three percent on workdays, totaling a 150 percent gain over a 50-day period. The scheme also utilized a multi-level marketing structure, offering a five percent commission for direct referrals and 0.05 percent for indirect referrals.
The SEC has long maintained that such high-yield promises are hallmarks of “Ponzi” schemes, where returns to early investors are paid using the capital of newer participants.
The DOJ noted in its resolution that the securities offered by Align Assets were unauthorized in both the Philippines and the UK.
Prosecutors said the respondents failed to provide evidence of the company’s legitimate existence, relying instead on “bare denials” of the allegations.
The DOJ added that records show the group used social media platforms like Facebook to lure the public through false pretenses and misrepresentations of a lucrative opportunity.
The SEC first flagged the entity in March 2021, issuing a formal advisory warning that Align Assets was not registered as a corporation or partnership.
Under Philippine law, the public sale of securities requires a registration statement approved by the commission, and any person engaged in the business of buying or selling those securities must be a registered broker or dealer.