Our company was originally induced to provide a $250, 000 escrow deposit to Swiss company, PROMIS@Service Sarl (http://promis.eu/eu/the-company/). On 7/3/2015 our company, RSA Funding, LLC (Delaware) executed a tri-party escrow agreement between RSA Funding, LLC (Delaware), Balimo Investments AG Switzerland (Lender) and PROMIS@Service Sarl (Stated Escrow Agent). The agreement said at no time until our transaction was funded would the "escrow deposit" be released. The escrow was only to be released AFTER the transaction was completed with Balimo and then it was to be returned to RSA Funding, LLC Delaware --- NEVER to PROMIS@Service Sarl.
We made several demands of PROMIS@Service Sarl and Balimo Investments AG to release the escrow funds; however, all requests were ignored.
Finally, today, PROMIS@Service Sarl sent to RSA an email that they indeed had taken our "escrow deposit" in and promptly spent the funds on their company without our permission. PROMIS@Service Sarl claims that Balimo Investments AG "forged" the "Escrow Agreement", and thus, they are not responsible. The problem for PROMIS@Service Sarl is that we're not their "investor" as they claimed. Further, our company is not a bank or financial institution. PROMIS@Serivce Sarl’s ignorance is not acceptable. One would think that PROMIS@Service Sarl would’ve questioned the validity of funds coming from the United States and not Switzerland or Europe, however, they just accepted our funds without question.
We're not sure who exactly is telling the truth in this dispute; however, the facts of the terrible experience are - 1) We SWIFTED an "escrow deposit" of $250, 000 USD to PROMIS@Service Sarl on 7/3/2015; 2) We were to have our transaction closed by Balimo Investments AG not later than 7/10/2015 which never closed; 3) PROMIS@Service Sarl used our "escrow funds" for its own use and is now claiming ignorance that the funds were from an "investor" who they will not name. It would seem that our company turned out to be their unintended "investor". At any rate, we are not and NEVER intended on being an investor of PROMIS@Service Sarl.
We will continue to demand our funds returned from PROMIS@Service Sarl until they return the funds that they took in and used for their own purposes. We are working diligently with authorities in the U.S. and Fedpol to aid us in the return of our funds.