1 Comment

  1. Stephen Sefton
    January 6, 2018 @ 9:39 am

    Not only is it unlawful to promote Unregulated Collectives to retail clients (FSMA 2000 s.238) but operating a collective in the first place is a regulated activity and a criminal offence to set one up and operate one when not authorised by the FCA (FSMA 2000 s.19 & 23). It is not difficult to show Blackmore Global, whilst a Closed-Ended Investment as a legal entity domiciled in IoM, in susbtance it is operating as a collective. With reference to the appeal case of FCA vs Capital Alternatives in 2015, Lord Justice Vos concluded that it is the substance and not the form that counts and concluded in the case of Capital Alternatives they were a collective by showing the conditions for a collective defined in FSMA 2000 s.235 were met. Any two-bit lawyer (even Kunziewicz) could easily conclude Blackmore Global operates as a collective using FSMA 2000 s.235 in exactly the same manner as Lord Vos. And what are the FCA doing about it even though I alerted them to this in 2016? Nothing!

    Whilst Nunn & McCreesh claim they do not “invite” retail clients to invest in Blackmore Global, they are the directors of both Aspinal Chase & Pensions & Life UK Ltd. that together carried out the end to end process of transferring my pension – even to the point of providing a pre-filled application form with Blackmore Global specified as the investment – to an offshore QROP (Optimus Retirement Benefit Scheme No.1) managed by Optimus Pensions Administration Ltd on behalf of a Maltese Trustee, Integrated Capabilities Ltd, 75% of which was subsequently invested in their own fund. By the way, in 2015, Integrated Capabilities took on c.100 new members per month so it begs the question just how many people have been mis-advised to transfer their pension into Blackmore Global or other unregulated funds?

    So whilst Nunn & McCreesh may well feel they can always point to David Vilka (a director of Square Mile and unregulated to give investment advice) as the person who invited me to participate in the unregulated collective, in contravention of FSMA 2000 s.238, they were, in fact, “knowingly concerned” in the contravention of s.238.

    Section 382 (d) of FSMA enables the court to require persons who have contravened the Act, or been knowingly concerned in a contravention, to make appropriate restitution to investors who have suffered loss.

    The Authorities however, in all jurisdictions that I have complained to, just do not give a sh1t about the activities of Nunn & McCreesh nor Square Mile. However, it seems, Nunn is deemed worthy of “Entrepreneur of the year” and Blackmore Global were held up as a stalwart of society by the Manchester Evening news – which has got to be the worst case of journalism I have ever seen – even though the newspaper seems to have removed the articles it published. My advice to the journalist of the Manchester Evening News is, be a real journalist, turn over some stones, see what crawls out and you will have a serious front page scoop!

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