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Melanie Williams
Senior Legal Officer
Financial Services Commission
11/27/2015 Melanie Williams, Senior Legal Officer, FSC 1
Disclaimer
 The views expressed in this presentation are those of
the Author and do not necessarily represent the views
of the Financial Services Commission, its Board of
Commissioners, its officers or staff.
2Melanie Williams, Senior Legal Officer, FSC11/27/2015
Financial Services Commission -
Jamaica
 Regulates securities, private pensions and insurance
 Securities market is developing – 44 licensed dealers,
with 33 dealers whose core business is securities. FUM
as at December 2014 was J$813.8 Billion (or
approximately US$7 Billion using current exchange
rates)
 http://www.fscjamaica.org/library/content-1191.html
3Melanie Williams, Senior Legal Officer, FSC11/27/2015
Financial Services Commission
• FSC has a broader mandate – investor education,
consumer protection and monitoring securities,
pension and insurance markets
 Use a variety of means to reach investors with FC/IE
content, including anti-fraud – radio, television ads,
print media, town hall meetings, online resources,
education programme in schools
 http://www.fscjamaica.org/financial-education-and-
literacy/content-1253.html
4Melanie Williams, Senior Legal Officer, FSC11/27/2015
Examples of Anti-Fraud Campaigns
 http://www.fscjamaica.org/library/content-1159.html
11/27/2015 Melanie Williams, Senior Legal Officer, FSC 5
Relevance of Investor Education
for emerging markets
 For small emerging securities markets like Jamaica, there
are resource constraints
 Capital markets lack depth
 Investors – regardless of educational background need
protection
 Anti-Fraud educational campaigns shifts the focus from
the fraudster (enforcement) to protecting the investor
6Melanie Williams, Senior Legal Officer, FSC11/27/2015
Take-aways from C8 Report for
emerging markets
 While emerging markets have less resources, we face
similar challenges in terms of investor fraud
 We depend heavily on IOSCO C8 Countries – USA, UK
to assist us in our Anti-Fraud Investigations
 The key findings of IOSCO C8 Report are relevant to
emerging jurisdictions, as it challenges the way we
frame anti-fraud campaigns
7Melanie Williams, Senior Legal Officer, FSC11/27/2015
Lesson 1 from C8 Report for
emerging markets – Do not judge
the victims
 Suspend disbelief – all victims of investor fraud are not
created equal
 Understand that the victims of investor fraud are not
to be type-cast
 All types of investors can benefit from strong anti-
fraud educational campaigns
8Melanie Williams, Senior Legal Officer, FSC11/27/2015
Lesson 2 from C8 Report for
emerging markets – Understand
the target audience
 Think like a fraudster and identify vulnerable
communities
 Know the fraudster’s target group – especially from
affinity fraud
 Where do they live? What are their values? What
message will appeal to them? What is their average
age? What media do they get their news from? What
technology do they use?
9Melanie Williams, Senior Legal Officer, FSC11/27/2015
Lesson 3 from C8 Report for
emerging markets – Make it
personal
 Using personal testimonies to developing anti-fraud
educational campaigns
 Use plain language – no jargon
 Timing is everything
 Understand the societal norms when developing anti-
investor fraud content
 Face-to-face interactions/presentations
10Melanie Williams, Senior Legal Officer, FSC11/27/2015
Lesson 4 from C8 Report for
emerging markets – Keep Anti-
fraud message simple and precise
 Go back to basics – highly educated persons do not
understand securities
 Focus the content on delivering one key message
 Do not overload the investor with details
 Keep the message simple and easy to digest
 Like “Invest smart”
 “Think and Check, before you invest”
11Melanie Williams, Senior Legal Officer, FSC11/27/2015
Lesson 4 from C8 Report for
emerging markets – keep Anti-
Fraud message simple & precise
“You worked hard for your money, invest
smart.”
“Take your time before you invest”
“Do not invest until you understand the
risks.”
“This is business, invest smart”
12Melanie Williams, Senior Legal Officer, FSC11/27/2015
Lesson 5 from C8 Report for
emerging markets – delivery of
Anti-Fraud Messages
 Use the delivery options that suit the target or
niche audience
 Understand the power of emotions as a barrier to
message delivery
 Use the loss of an investor as a teachable moment
 Empower the investor
13Melanie Williams, Senior Legal Officer, FSC11/27/2015
Lesson 6 from C8 Report for
emerging markets – Build a strong
team
 As Regulators, we need the right mix of skill-sets to
develop the campaign
 Communication specialists
 Behavioural psychologists
 Law Enforcement
 Marketing & Research Analysts
 Focus Groups of target audiences
 Securities professionals
14Melanie Williams, Senior Legal Officer, FSC11/27/2015
Lesson 7 from C8 Report for
emerging markets – Be persistent
and adaptable
 Fraudsters keep changing their tactics
 Regulators need to be adaptable – we can out-smart
the fraudsters, or make their lives harder
 Be persistent – use intelligence gathered from law
enforcement, SROs, complaints as a basis to obtain
more regulatory powers and funding for databases,
new programmes.
15Melanie Williams, Senior Legal Officer, FSC11/27/2015
Thank you
For further information, please contact us at:
Financial Services Commission, 39 – 43 Barbados Avenue,
Kingston 5, Jamaica
 williamsmk@fscjamaica.org
 inquiry@fscjamaica.org
 (876) 906-3010, (876) 578-1063
11/27/2015 Melanie Williams, Senior Legal Officer, FSC 16

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Jamaica - Practical lessons fromthe C8 Report for an emerging securities market (revised June 22, 2015) -IFIE Americas Chapter

  • 1. Melanie Williams Senior Legal Officer Financial Services Commission 11/27/2015 Melanie Williams, Senior Legal Officer, FSC 1
  • 2. Disclaimer  The views expressed in this presentation are those of the Author and do not necessarily represent the views of the Financial Services Commission, its Board of Commissioners, its officers or staff. 2Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 3. Financial Services Commission - Jamaica  Regulates securities, private pensions and insurance  Securities market is developing – 44 licensed dealers, with 33 dealers whose core business is securities. FUM as at December 2014 was J$813.8 Billion (or approximately US$7 Billion using current exchange rates)  http://www.fscjamaica.org/library/content-1191.html 3Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 4. Financial Services Commission • FSC has a broader mandate – investor education, consumer protection and monitoring securities, pension and insurance markets  Use a variety of means to reach investors with FC/IE content, including anti-fraud – radio, television ads, print media, town hall meetings, online resources, education programme in schools  http://www.fscjamaica.org/financial-education-and- literacy/content-1253.html 4Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 5. Examples of Anti-Fraud Campaigns  http://www.fscjamaica.org/library/content-1159.html 11/27/2015 Melanie Williams, Senior Legal Officer, FSC 5
  • 6. Relevance of Investor Education for emerging markets  For small emerging securities markets like Jamaica, there are resource constraints  Capital markets lack depth  Investors – regardless of educational background need protection  Anti-Fraud educational campaigns shifts the focus from the fraudster (enforcement) to protecting the investor 6Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 7. Take-aways from C8 Report for emerging markets  While emerging markets have less resources, we face similar challenges in terms of investor fraud  We depend heavily on IOSCO C8 Countries – USA, UK to assist us in our Anti-Fraud Investigations  The key findings of IOSCO C8 Report are relevant to emerging jurisdictions, as it challenges the way we frame anti-fraud campaigns 7Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 8. Lesson 1 from C8 Report for emerging markets – Do not judge the victims  Suspend disbelief – all victims of investor fraud are not created equal  Understand that the victims of investor fraud are not to be type-cast  All types of investors can benefit from strong anti- fraud educational campaigns 8Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 9. Lesson 2 from C8 Report for emerging markets – Understand the target audience  Think like a fraudster and identify vulnerable communities  Know the fraudster’s target group – especially from affinity fraud  Where do they live? What are their values? What message will appeal to them? What is their average age? What media do they get their news from? What technology do they use? 9Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 10. Lesson 3 from C8 Report for emerging markets – Make it personal  Using personal testimonies to developing anti-fraud educational campaigns  Use plain language – no jargon  Timing is everything  Understand the societal norms when developing anti- investor fraud content  Face-to-face interactions/presentations 10Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 11. Lesson 4 from C8 Report for emerging markets – Keep Anti- fraud message simple and precise  Go back to basics – highly educated persons do not understand securities  Focus the content on delivering one key message  Do not overload the investor with details  Keep the message simple and easy to digest  Like “Invest smart”  “Think and Check, before you invest” 11Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 12. Lesson 4 from C8 Report for emerging markets – keep Anti- Fraud message simple & precise “You worked hard for your money, invest smart.” “Take your time before you invest” “Do not invest until you understand the risks.” “This is business, invest smart” 12Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 13. Lesson 5 from C8 Report for emerging markets – delivery of Anti-Fraud Messages  Use the delivery options that suit the target or niche audience  Understand the power of emotions as a barrier to message delivery  Use the loss of an investor as a teachable moment  Empower the investor 13Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 14. Lesson 6 from C8 Report for emerging markets – Build a strong team  As Regulators, we need the right mix of skill-sets to develop the campaign  Communication specialists  Behavioural psychologists  Law Enforcement  Marketing & Research Analysts  Focus Groups of target audiences  Securities professionals 14Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 15. Lesson 7 from C8 Report for emerging markets – Be persistent and adaptable  Fraudsters keep changing their tactics  Regulators need to be adaptable – we can out-smart the fraudsters, or make their lives harder  Be persistent – use intelligence gathered from law enforcement, SROs, complaints as a basis to obtain more regulatory powers and funding for databases, new programmes. 15Melanie Williams, Senior Legal Officer, FSC11/27/2015
  • 16. Thank you For further information, please contact us at: Financial Services Commission, 39 – 43 Barbados Avenue, Kingston 5, Jamaica  williamsmk@fscjamaica.org  inquiry@fscjamaica.org  (876) 906-3010, (876) 578-1063 11/27/2015 Melanie Williams, Senior Legal Officer, FSC 16