A closer look at the Silva Tree investment
I read the above mentioned postings with interest and hoped that my own experience might prove useful to others.
I came across Silva Tree some weeks ago when I was searching for alternative investments. I was attracted by the lack of correlation with stock market performance and the guaranteed yields of “up to 18% per annum” mentioned on the Silva Tree website. I requested a prospectus which was well presented and cogently argued the case for investment in growing lumber as a green and attractive alternative investment.
Although I was aware of some negative comments on the web regarding Silva Tree and the old maxim that “if something is too good to be true it probably is” I decided to take a closer look by applying for a $35,000 one hectare 20 year investment in Pauwlonia trees. I found Silva Tree’s personnel to be charming, confident and reassuring during my dealings over the phone and was struck that they tackled allegations that their investment was a scam head on in a diligent, confident and perhaps even aggressive manner.
Up until this stage I had no real information to go on other than the website, Prospectus and my conversations with their UK based employees but signing the application allowed me to receive the completion documents from Silva Tree Panama.
I noted that the completion documents made extensive reference to other documents that were not provided. For example, the Prospectus mentions the involvement of an FSA approved Trustee but the Deed of Trust describing the Trustee’s responsibilities and how they would operate was not provided; also, the lease which would give one one’s rights to grow the lumber would be created at a future undefined date and was not provided. Similarly, there was no technical or expert studies provided which could substantiate the tree growth projections and underpin the business plan and Silva Tree Panama provided no documentation to show that they were indeed the freeholder (though they did warrant to this effect).
I requested that further information be provided and, although all the documents were not produced many were and I was able to observe that the investment appeared to operate in the following way:
• $35,000 would be paid over to the offshore bank account of the FSA approved Trustee and held in escrow pending creation of a lease under Panamanian law.
• Following creation of a lease (with unknown provisions) in the name of the Trustee he would issue certificates of proportionate ownership in the name of the investors (or “renters” as described in the document).
• At this stage (presumably not too far down the road as the monies would be returned to the investors by the Trustee within 12 months) $35,000 minus $1,250 held in escrow by the Trustee for the maintenance contractor ($250 per year for the first five years) ie. $33,750 would be paid over to Silva Tree Panama and that would mark the end of their legal responsibilities to the investors (though not the investors’ responsibilities to them – see below). Future performance of the investment would rely on others.
• The trees would grow and thrive under the care of the maintenance contractor (appointed by the investor from an approved list of three) who for $250 per year would plant the trees, irrigate, keep free from disease, keep secure, construct access roads, thin out, harvest, transport to a saw mill, process and deliver FOB to a local port.. I noted that the management contract could be terminated by either party with 3 months notice. Furthermore, I noticed that the Forestry management contract between the investor and Silva Tree Panama contained a clause to say that both parties acknowledged that the contract was under the jurisdiction of the courts of England who would not and could not compel performance from a Panamanian legal entity but certainly could do so for a UK based investor. I noticed there was a clause which said that in the “unlikely event” that $1250 was not sufficient to cover maintenance or if a dispute arose between the management company and the renter Silva Tree could intervene to pay monies due to the management company on the renters’ behalf.
• The trees – if they complied with certain quality conditions and as long as over 3 years notice was given of the exact quantities involved – the World Pauwlonia Institute would purchase the lumber for a price some 50% of world market values allowing the guaranteed return of up to 18% to be calculated. Using the world market price for Pauwlonia the returns would indeed be staggering. WPI would maintain an (unseen by me) insurance policy to secure their end of this deal.
At this stage I withdrew from the process.