Resolution no. 21147

Order, pursuant to article 101, paragraph 4, letter b) of Legislative Decree no. 58/1998 ('Consolidated Law on Finance') that Mr Emanuele Fiore cease the advertising activities relating to the initiative called “Omega Best” carried out through the websites www.manuelcooper.com and https://manuel.omegaita.it, and the Facebook page https://www.facebook.com/groups/241778882951122/

LA COMMISSIONE NAZIONALE PER LE SOCIETÀ E LA BORSA
[THE NATIONAL COMMISSION FOR COMPANIES AND THE STOCK EXCHANGE]

HAVING REGARD TO Law no. 216 of 7 June 1974 and subsequent amendments and additions;

HAVING REGARD TO Legislative Decree no. 58 of 24 February 1998 and subsequent amendments and supplements ('Consolidated Law on Finance');

HAVING ESTABLISHED that, as a result of the supervisory activity carried out by Consob, evidence has been acquired that the company Expedite Spzoo, with stated address in Poland, offers users of its website (https://omega.best) the opportunity to purchase advertising packages called "Active Boxes" that would guarantee returns;

HAVING ESTABLISHED that on the site https://omega.best, the company Expedite Spzoo also promotes a Multi Level Marketing programme that guarantees commissions to affiliates who recruit new subjects, to be included in the distribution chain at a lower level, on sales made by the latter;

HAVING ESTABLISHED that the initiative referred to is advertised through the websites www.manuelcooper.com and https://manuel.omegaita.it, and on the Facebookpage https://www.facebook.com/groups/241778882951122/, all of which can be traced back to Mr. Emanuele Fiore;

HAVING ESTABLISHED that the site www.manuelcooper.com, advances the possibility of "earning on the Internet [through some] i" including the new initiative called "Omega Best", which would enable investors to obtain a “daily passive return of up to 1%". In this regard, on the Home page of the site there is a link to the site https://manuel.omegaita.it;

HAVING ESTABLISHED that the site https://manuel.omegaita.it, attributed to the "Official Italian Team" of "Omega Best", promotes a "revolutionary platform, launched internationally, [which would offer] all project participants the opportunity to earn through simple actions related to advertising, market research, sales and product testing”. In particular, the site offers the possibility of “earning passive [returns] even without a network" by choosing two types of "Active Box" called "Active Box 6 months" and "Active Box 12 months", which, once the web marketing activities[1] had been carried out, would produce a daily "passive return" of 0.71% (for six months) and 0.42% (for 12 months). On this point it is also specified that if the user does not intend to carry out the web marketing activities, the daily “return" from the two types of "Active Box" would be equal to 0.355% (for six months) and 0.21% (for 12 months).

HAVING ESTABLISHED that the Facebook page https://www.facebook.com/groups/241778882951122/ hosts the contents of a closed group called "Omega Group Team Italia" of which Mr. Emanuele Fiore is an administrator;

HAVING FURTHER ESTABLISHED that there are numerous posts on the same Facebook pages containing information and updates on initiatives, services and promotions related to the "Omega Best" initiative, such as some posts through which users are reminded, every Monday, that they can buy back new "Active Boxes" using their "accumulated balance", a post which links to a document entitled "Omega 2019/2020 Strategy", which makes reference to an investment strategy, linked to the purchase of the aforementioned Active Boxes, which would enable purchasers to obtain an "automatic passive return”, [which would grow] exponentially over time";

HAVING ESTABLISHED that the return for the purchase of the so-called Active Boxes would be paid against the use of the capital of the investor and that this return is related to the amount paid in rather than the number of views, considered that the user can not perform any web marketing activities if they so choose;

HAVING CONSIDERED, therefore, that the reason for contract in question can be attributed to the production of a financial return as consideration for the use of capital transferred by the recipients of this return, who, therefore, invest their own money with the expectation of profit;

HAVING REGARD TO the fact that the purchase of advertising packages (Active Boxes”) offered by Expedite Spzoo through its website fulfils the criteria to constitute a public offering of financial products defined in Art. 1, para. 1, letter t) of the Consolidated Law on Finance as “every offer or incentive, invitation to offer or promotional message, in whatsoever form addressed to the public, whose objective is the sale or subscription of financial products including the allocation through authorised people”;

HAVING ESTABLISHED that within the sites www.manuelcooper.com and https://manuel.omegaita.it the Facebookpage https://www.facebook.com/groups/241778882951122/ the investment proposed by Expedite Spzoo is presented in clearly fulsome terms as a very lucrative opportunity and with expressions that call for a rapid decision by the investor (such as, for example, "I will send you the strategy to maximize with Omega Best" or "from now on, for the next 15 days, you will have the opportunity to double what you get thanks to the direct bonus promotion of 12%!!! ");

CONSIDERING, therefore, that Mr. Emanuele Fiore is carrying out advertising activities aimed at promoting participation in the public offering promoted by Expedite Spzoo through the aforementioned websites and Facebook page;

HAVING ALSO ESTABLISHED, that the advertising activity is aimed at the public resident in Italy, as the contents of the sites www.manuelcooper.com and https://manuel.omegaita.it the Facebook page are only available in Italian;

HAVING ESTABLISHED that, in relation to the offering described, the relevant prospectus has not been published;

CONSIDERING that Article 101 of the Consolidated Law on Finance states, in paragraph 2, that: "Prior to the publication of the prospectus is prohibited any form of advertisement concerning public offerings of financial products other than community financial products";

CONSIDERING, therefore, that there is a well-founded suspicion that advertising activities are being carried out in relation to the public offering to residents in Italy of investments of a financial nature in breach of the above law and that such activities are still being carried out;

HAVING REGARD TO Article 101, paragraph 4, letter b) of the Consolidated Law on Finance, pursuant to which Consob may, with regard to advertising activities, " suspend as a precautionary measure, for a maximum ninety days, the further spread of an advertisement relating to a public offering of products relating different from those referred to paragraph a), in the event of an ascertained violation of the provisions or rules referred to previous paragraphs or related regulations";

CONSIDERING that, given the above premises, there is an urgent need to adopt the measure identified above;

RESOLVES:

As a precautionary measure, the advertising activity carried out by Mr. Emanuele Fiore through the sites www.manuelcooper.com and https://manuel.omegaita.it, and also through the Facebook page https://www.facebook.com/groups/241778882951122/, concerning the public offering to purchase advertising packages called "Active Boxes" promoted by Expedite Spzoo through the website https://omega.best. is suspended for a period of 90 days.

This Resolution shall be brought to the attention of the person with whom it is concerned and will be published in the Consob Bulletin.

This measure may be appealed before the Regional Administrative Court of Lazio within 60 days of the date of its communication.

November 13^th, 2019

THE CHAIRMAN
Paolo Savona

[1] In particular, the user would be asked to view a certain number of advertisements per day, as well as to complete a survey and comment on an article (the latter two activities can be carried out daily or weekly, depending on the type of "Active Box" chosen).