Tag: Ark Class Action

  • Scammers are criminals.  So why aren’t they in jail?

    Scammers are criminals. So why aren’t they in jail?

    Scammers are criminals, so why are they not being prosecuted?As 2018 draws to a close, a recap is in order to review the year’s progress in the war against pension scammers. Let us not forget – in the immortal words of the Pensions Regulator’s Lesley Titcombe: scammers are criminals. However, the sad truth is that most of them have not been prosecuted or jailed.

    The vast majority of the well-known pension scammers are still roaming free, busy thinking up yet more life-destroying schemes to make them rich and the victims poor.  Whilst the scammers enjoy champagne this New Year’s Eve, many victims will be worrying themselves sick about their bleak financial future.

    The Pensions Regulator, the Serious Fraud Office, the Insolvency Service, crime enforcement agencies and courts all seem to drag their feet when it comes to actually bringing charges against these criminals. Yet we see people being locked up for renting out caravans to help vulnerable homeless families! I would love it if this was a short and sweet blog, with many happy endings.  But, alas, the scams are plentiful and the victims are left uncompensated for their losses.

    Let’s have a quick round up of where we are with the scams and scammers.  And remember: all the thousands of victims want to see the scammers sent to jail and the keys thrown away so they can’t ruin any more innocent people’s lives.

    5G Futures

    5G Futures: in May 2013 Garry John Williams and Susan Lynn Huxley were suspended as trustees of the 5G Futures pension scheme, and from trust schemes in general. Pi Consulting was appointed as the new trustee by the Pensions Regulator.

    About 400 people had invested a total of £20m into the 5G Futures scheme – which was invested in high-risk, illiquid off-shore investments, with insufficient diversification making them completely unsuitable for pension scheme investments. There was no due diligence exercised by Williams and Huxley – and the scheme records were a mess.

    The scheme operated pension liberation through ‘loans’ to members. Williams and Huxley were found to have taken very high commissions on the investments – taking nearly £900,00 in one year alone.

    One of the most worrying things, however, is that the pension scammers don’t just leave the pensions industry and dedicate themselves to helping their many distressed victims – they start up all over again:

    Garry Williams and Sue Huxley went on to run Corporate Futures.eu

    Neither Garry Williams nor Sue Huxley has ever been convicted or jailed.

    Ark

    Stephen Ward: (this will not be the last time you hear this name in this blog) was the mastermind behind this scam (dating back to 2010).   It was his first known scam – but by no means his last one. What is left of the Ark fund, stands still frozen, in the hands of Dalriada Trustees, who continue to take their yearly costs and fees from what little is left.  Dalriada has done nothing to ensure the scammers are prosecuted – saying it is “not within their remit”. The victims of the Ark scam also have the heavy hand of HMRC hanging over them.  And let us not forget that it was HMRC who happily registered this scam and failed to withdraw the registration when they discovered that Stephen Ward was operating pension liberation fraud.

    Dalriada has never reported Stephen Ward to the police as it is not “within their remit” to ensure the scammers are prosecuted.

    In 2018 we saw Stephen Ward being banned from acting as a pension trustee. Eight years after his first scam, he has still not been imprisoned for the millions of pounds’ worth of life savings he has destroyed and the thousands of lives he has ruined.

    Other prominent figures in the Ark scam were Julian Hanson – who went on to play a key role in the Friendly Pensions scam; George Frost who went on to operate a new pension liberation scam using truffle trees as investments; Andrew Isles who went on to sell his accountancy business, Isles and Storer to LB Group; Peter Moat of Blu Debt Management who went on to operate the Fast Pensions scam.  None of these scammers has ever been convicted or jailed.

    Axiom

    Another pension liberation scam, which saw victims with HMRC tax demands of 55%Rex Ashcroft of Wealth Protection International was one of the main introducers of this scam. According to his Linkedin profile, he offers business development strategy planning for the UK, Spain, Portugal and France.  He also offers “day-to-day application of wealth protection strategies”.  Ashcroft lied to Axiom victims telling them they could access part of their pensions and not pay tax on the cash they took out.

    Rex Ashcroft has never been convicted or jailed.

     

    Blackmore Global FundPension Life blog - Scammers are criminals, so why are they not being prosecuted? Blackmore Global

    The Blackmore Global Fund saw UK-based victims conned into transferring their pension funds into QROPS in Malta and Hong Kong between 2014 and 2016.  After the transfers, the funds were invested in the Blackmore Global UCIS fund (Unregulated Collective Investment Scheme) and the victims were locked in (unknowingly) for ten years.  Huge commissions were taken by the introducers, Aspinal Chase and David Vilka of Square Mile International and the fund managers Phillip Nunn and Patrick McCreesh.  Victims locked into ten-year fixed termare still waiting for a copy of an independent audit – which was promised back in 2016! Despite media attention from the BBC, victims still do not know how much of their pension fund – if any – is left.

    David Vilka, Phillip Nunn and Patrick McCreesh have never been convicted or jailed.  Blackmore Global Group is still being promoted by Phillip Nunn!  Nunn and McCreesh had been the main lead generators in the Capita Oak scam – earning nearly £1 million in the process.

    Capita Oak

    This was another of Stephen Ward´s scams – on which he worked closely with his pensions lawyer Alan Fowler (ex Stevens and Bolton Solicitors) and his sidekick Bill Perkins.  Ward carried out the transfer administration for this scam which was mainly operated by XXXX XXXX who offered victims 5% Thurlston “loans”.   Over 300 victims are facing the partial or total loss of their pensions and are also now being pursued by HMRC for tax liabilities on the “loans”.

    Capita Oak – like Ark – was placed in the hands of Dalriada Trustees.  But Dalriada has never reported Stephen Ward – or any of the other scammers – to the police as it is not “within their remit” to ensure the scammers are prosecuted.

    Stephen Ward, Alan Fowler, Bill Perkins and XXXX XXXX have never been convicted or jailed (although XXXX XXXX is under investigation by the Serious Fraud Office). 

    Continental Wealth Management

    Pension Life blog - Scammers are criminals, so why are they not being prosecuted? Stephen Ward’s firm Premier Pension Solutions (in Moraira, Spain) was the “sister” firm of Continental Wealth Management, run by scammer Darren Kirby.  This was one of the biggest single scams – known as CWM – with around 1,000 victims losing part or all of their life savings. Other scammers involved were Anthony Downs, Dean Stogsdill, Alan Gorringe, Richard Peasley, and Neil Hathaway.

    This scam was promoted by cold-calling victims and promising unrealistically high returns and “capital protection”.  Darren Kirby and Anthony Downs used the victims’ funds to invest in totally unsuitable, high-risk, fixed-term structured notes.  This scam saw huge commissions paid by the life offices – Old Mutual International, SEB, and Generali – as well as by the structured note providers: Leonteq, Commerzbank, Royal Bank of Canada, and BNP Paribas to this unregulated firm.  Let us not forget that this was without question financial crime and was facilitated by the life offices.

    Old Mutual International, run by ex IoM regulator Peter Kenny, was the leading life office which facilitated the CWM scam.  Generali and SEB also routinely accepted business from these known scammers and unlicensed advisers.

    Stephen Ward, Darren Kirby, Anthony Downs, Dean Stogsdill, Alan Gorringe, Richard Peasley, and Neil Hathaway have never been convicted or jailed.

    ELYSIAN FUELS

    James Hay and Suffolk Life were accepting Elysian shares for liberation purposes

    Another Stephen Ward creation which was operating 80% liberation with the full cooperation of the SIPPS providers James Hay and Suffolk Life.  The SIPPS providers and the victims could face tax charges of up to £20 million from HMRC.

     

     

     

    Despite clear evidence that Stephen Ward pushed this scam in emails to Alan Fowler and Bill Perkins, neither Ward nor Fowler nor Perkins have ever been prosecuted or jailed.

     

    EVERGREEN RETIREMENT TRUST NZ QROPS PENSION LOAN SCAM

    A New Zealand QROPS scam with Marazion pension loans

    When Ark got shut down, Stephen Ward went straight to New Zealand to set up his next pension liberation scam with Simon Swallow of Charter Square.  A further 300 victims were scammed out of over £10 million and conned into Marazion “loans” AND locked into the Evergreen scheme for five years.  After the five years victims were told: ´Despite our best efforts, Evergreen has not been as successful as we had originally hoped.´  Evergreen was wound up April 208.

    This scam was promoted by Darren Kirby’s Continental Wealth Management which cold called the victims.

     

    Stephen Ward, Darren Kirby, and Simon Swallow have never been convicted or jailed.

    Fast Pensions

    Pension Life blog - Scammers are criminals, so why are they not being prosecuted?Fast Pensions, run by Peter and Sara Moat was wound up by the High Court 30th May 2018, after the six companies and 15 occupational schemes were put into liquidation in March 2018. £21m was transferred into the schemes under Peter Moat’s set of Blu loan companies. However, there was no information on the pension portfolios and what happened to the investors’ funds.  Other persons named as being involved in this scam are Miss Jane Wright (who acted as a trustee) and a Mr Chapman. Maladministration was noted by the ombudsman back in 2016.  However, nothing was done to stop the Moats.

    It was determined that there is no doubt this was a scam.

    Peter and Sara Moat and their accomplices have never been convicted or jailed.

    Friendly Pensions Limited (FPL)

    Back in January of 2018, the Pensions Regulator asked the High Court to act on their behalf in the Friendly Pensions matter.  Scammers: David Austin, Susan Dalton, Alan Barratt and Julian Hanson (also involved in ARK) were ordered to pay back £13.7 million they took from their victims and banned from being pension trustees. However, Dalriada the independent trustee appointed by TPR to take over the running of the schemes, is in charge of confiscating the scammers’ assets for the benefit of their victims. (Who knows how long this could take: how long is a piece of string?) As yet, no compensation has been offered to the victims.

    David Austin, Susan Dalton, Alan Barratt and Julian Hanson and their accomplices have never been convicted or jailed.  However, there have recently been some arrests – so let us hope this results in maximum sentences.

    HEADFORTE AND SOUTHLANDS

    Two bogus “occupational pension schemes” set up for pension liberation fraud by Stephen Ward after the Evergreen QROPS scam hit the rocks (when HMRC removed Evergreen from the QROPS list).  Victims have no idea where or how their pensions are invested.  The pensions are allegedly invested in “The Treasury Plus Fund” (whatever that might be – and it is not likely to be anything good) and the trustee is Ward’s bogus trustee firm Dorrixo Alliance.

    Nobody knows the total aggregate value of lost pensions and tax liabilities Ward has caused – we hazard a guess at a figure in the region of £100 million +.

    Stephen Ward has never been convicted or jailed.

    Henley Retirement Benefit Scheme

    Another double act by Stephen Ward and XXXX XXXX.  This was the “sister” scheme to Capita Oak.  Ward did the transfer administration – from safe, well-known and regulated pension providers to this bogus occupational scheme run by XXXX.

    Neither Stephen Ward nor XXXX XXXX  has ever been convicted or jailed.

    Incartus and Bluefin Trustees

    Another pension liberation scam – placed in the hands of Dalriada Trustees by the Pensions Regulator.

    Incartus was placed in the hands of Dalriada Trustees by the Pensions Regulator.  But Dalriada has never reported the scammers to the police as it is not “within their remit” to ensure the scammers are prosecuted.

    None of the Incartus or Bluefin trustees scammers has ever been convicted or jailed.

     

    KJK Investments and G Loans

    £11.9 million worth of transfers were made, with the victims receiving approximately 50% of their pension as a loan and the promise of the rest being invested into a high-interest generating SIPPS. The loans were made from the pensions and therefore the victims have the usual HMRC tax demand letters.  Further to the victims’ misery, the other 50% of the funds was not invested as promised. Most of the funds were swallowed by high commissions paid to the scammers.

    None of the KJK Investments/G Loans scammers has ever been convicted or jailed.

    London Quantum

    Pension Life blog - Scammers are criminals, so why are they not being prosecuted?Another of  Stephen Ward’s many pension scams, this one was courtesy of his bogus pension trustee firm Dorrixo Alliance, his accomplice Gary Barlow at Gerard Associates, and introducers at Viva Costa International. Like Ward´s other scams, London Quantum scam was never set up for the benefit of the victims, but in the interests of Stephen Ward and his team of scammers to earn the maximum amount of commission out of the toxic, illiquid, high-risk investments.

    The London Quantum scam is now in the hands of Dalriada Trustees.

    London Quantum – like Ark, Capita Oak and Fast Pensions – was placed in the hands of Dalriada Trustees by the Pensions Regulator.  But Dalriada has never reported Stephen Ward – or any of the other scammers – to the police as it is not “within their remit” to ensure the scammers are prosecuted.

    Stephen Ward and Gary Barlow have never been convicted or jailed.

    Successful Pensions

    This pension liberation scam dating back to 2013 and 2014, involved around £1m of victims pension funds. Anthony Locke, was sentenced to a five-year jail term and Ray King, 54, who was employed by Lock, was given a three-year jail sentence.

    It is great that these two crooks received jail terms, however, they are relatively “small fry” in comparison to the other serial scammers who are still walking free!  The question remains: why have two minor players such as Locke and King been convicted and jailed while the “big fish” remain free to keep on scamming?

    Salmon Enterprises

    Pension Life Blog - Salmon Enterprises Scheme Pension Scam116 victims were scammed out of their pensions by James Lau of FCA-regulated Wightman Fletcher McCabe.  Victims were assured the loans they were given did not come from their pension funds and would not be taxable by HMRC.  The trustees of the scheme – Peter Bradley and Andrew Meeson (both ex HMRC) of Tudor Capital Management – were jailed for eight years for cheating the Public Revenue.  James Lau is currently under criminal investigation by the Insolvency Service. The victims are awaiting a verdict on whether they will still have to pay the tax penalties.

    James Lau has not yet been convicted or jailed – although he is clearly a wanted man.

    Pension Life blog - Scammers are criminals, so why are they not being prosecuted?Trafalgar Multi-Asset Fund

    This fund, created by XXXX XXXX, loaned most of the £21m invested by hundreds of victims to Dolphin Trust. Dolphin Trust is a UCIS which was illegal to be sold to UK residents. The Trafalgar Multi-Asset fund was suspended back in September 2016 and victims are still waiting to find out if they will ever get their money back.

    This scam was facilitated by STM Fidecs in Gibraltar – one of Europe’s biggest QROPS providers.  The regulator did order Deloittes to carry out an inspection into STM Fidecs’ books, but no action was taken against STM Fidecs for their part in this scam.

    STM Fidecs accepted transfers into the QROPS by UK-resident victims “advised” by XXXX XXXX – even though he was not licensed to give financial advice.  And then XXXX’s clients were 100% invested in XXXX’s own fund.

    XXXX XXXX has not yet been convicted or jailed – although he is clearly under investigation by the Serious Fraud Office.

    Westminster Pension Scam

    Another of the schemes under investigation by the SFO.  This liberation scam with more than £3 million worth of (now worthless) investments was registered and administered by Stephen Ward.

    Windsor Pensions

    A no-frills pension liberation scam run by Florida-based Steve Pimlott.  This scam has been going on for years and there is no sign of any let up – despite the fact that the regulators and ombudsman are well aware of Pimlott’s modus operandi.  Pimlott doesn’t bother with any attempt to conceal the loans with fancy “loans” or complex mechanisms to try to “distance” the liberation from the pension transfer.  He uses QROPS and a fraudulently-set-up bank account in the Isle of Man (of course!).  HMRC catches many of the victims and charges them 55% tax on the liberated amount.  Pimlott charges around 15% for the liberation.

    Steve Pimlott has not yet been convicted or jailed

    What a sorry state of affairs that out of all the pension schemes I have mentioned here, only one of them has seen the scammers jailed. Serial scammers like Stephen Ward and XXXX XXXX seem to slip the noose of justice again and again.

     

     

  • International Investment interview with Pension Life´s Angie Brooks

    International Investment interview with Angie Brooks, founder of Pension Life this week. This blog is written by Kim, Angie´s Assistant. Here´s the interview video which explains how Pension Life works to help victims of pension and investment scams. The interview also raises the question as to why pension and investment scams are so prolific – despite Angie’s hard work to bring them into the public eye – and bring scammers to justice.

    As Angie states in the video, Pension Life was originally founded to help victims of the ARK pension scam with their tax liabilities.  However, four years on and Pension Life has evolved. Angie is now involved in helping 34 different groups of victims of pension and investment scams.  Angie regularly goes to the regulators and ombudsmen in different jurisdictions and makes complaints on their behalf.

    Pension Life Blog - Pension and investment scams take place worldwide - International Investment interview with Angie BrooksPension Life is based in Spain, and Angie works with clients all over the world. Pension and investment scammers have no boundaries or borders and will weave their evil mischief wherever they can find British expats.

    Angie offers her members a fixed membership fee, meaning “people know exactly what they are going to pay in advance”. Using privately-funded solicitors can be pricey and sometimes even non-starterer. Angie has, over the past four years, educated herself in pension and investment scams – how they work and how they are (constantly) evolving. Members can rest assured that they are being represented by a leading expert in the area of pension and investment scams.

    If it were up to Angie, the people and firms responsible for pension and investment scams would all be sent to jail and the keys thrown away. With her weekly blogs and videos on the Pension Life website, and with the use of social media, Angie is hoping to get the word out there and warn both the public and the industry.

    Pension Life Blog - International investment interview with Angie Brooks of Pension Life - Pension and investment scams Angie stands up for the masses, where their single complaints are lost in a pile of excuses by the firms responsible for the destruction of their funds. She meets and speaks to as many victims as she can.  Each victim has his or her own tragedy – often involving serious health issues and terrible financial hardship as a result of being scammed out of their life savings.

    Some of Angie´s blogs are very hard hitting towards the firms and advisors who condone the use of pension and investment scams. The role Angie plays in uncovering the crooks of the industry is not without risk and often her outspoken words attract negative attention. Angie often receives threats of being sued by the lawyers who represent the companies she blogs about.

    Angie states, “But If I was frightened I wouldn´t do it.”

    Its not just solicitors who bombard her in outrage about the clearly-evidenced facts that Angie reports, she also has a herd of internet trolls who target her incessantly.

    Angie says with reference to her blog trolls:

    “TPension Life Blog - International Investment interview with Angie Brooks of Pension Life - Pension and investment scams - internet trollhere is a reason why I write my blogs.  Firstly to warn the public and expose the things that go wrong in the financial services industry – to try to help new people avoid falling victim to scams, negligence and mis-selling; secondly to bring firms to the table to negotiate a solution to a problem where a client has suffered losses in their pension or investment portfolio.  Few people have funds to instruct lawyers to sue firms to force them to pay redress for clients’ losses, so it is much better and cheaper to get the firm to volunteer to do so amicably and in a non-contentious manner.
     
    But my blogs do upset the scammers and they regularly post negative comments.  I have recently been accused of ‘being in cahoots with’ deVere and other companies and individuals.  It is being claimed that I am being paid not to write about them, and to attack their competitors.  It will come as no surprise that those who are now attacking me and accusing me of all sorts of things are the ones whose firms’ questionable practices I have been blogging about recently.

    Pension Life Blog - International investment interview with Angie Brooks of Pension Life - Pension and investment scams deVere logoI have in the past had very public spats on social media with deVere AND its CEO, Nigel Green, as well as the others who I have been accused of not writing about. And, if I need to have spats again in the future, I will not hesitate to do so.  Like most firms, deVere has indeed made some serious mistakes in the past.  However, I do not have any live, unresolved client complaints against the firm.  

    But this is all just rubbish from scammers who are trying to deflect attention from the main issues that I am writing about.  The commenters ignore the facts I am reporting about – i.e. real scams which destroy victims’ life savings – and pick away at me personally.  That is absolutely fine, because I am more than happy to be criticised and lied about – because it says more about the writer than it does about me.  The people who matter know the truth.

    Regular readers of my blogs may notice that sometimes my blogs quietly disappear with no public explanation.  There is a reason for that too.  The blogs often bring firms to the table and we get stuff done.  Sometimes firms even preempt matters and make contact even before I get a chance to do a blog.  

    If I call a firm to discuss a problem and they enter into helpful and constructive dialogue over how to solve it, I don’t blog about it but keep the matter confidential.  There are firms who quietly sort things out without making a fuss in a dignified and conscientious manner.  In contrast, however, there are firms that just pull up the shutters – such as OMI and STM Fidecs.  Hence why I keep blogging about them.

    DeVere is indeed one of a number of firms I don’t currently blog about.  So for the nice gentleman called Graham and another charming chap who calls himself “Innocent Bystander” who are accusing me of being partisan, don’t think just about what I do write, but about what I don’t write.  There are good reasons for both.  

     I will continue to expose the actions, practices and vulgar conduct of firms who continue to ignore my questions;  And I will tag all those who are stupid and irresponsible enough to keep on working for these firms and helping to fill these firms already bulging pockets.  In contrast, however, Holborn Assets and Guardian Wealth Management have engaged in relation to complaints, and so I have removed all blogs which mention the firm.”

    For the future, Angie hopes things will get better and that the war on pension and investment scams can be won.  However, much help is needed and Angie calls for the whole industry to get involved and make it their business to know what is happening to expats worldwide.

    Airing the problem is one of the best solutions and International Investment has taken a keen interest in the campaigning side of what Pension Life does.  It would be a really good thing if some of the media tried to educate themselves on what are the key issues and avoid barking up the wrong trees.

  • HOW TO SPOT A SCAMMER (FOR DUMMIES)

    HOW TO SPOT A SCAMMER (FOR DUMMIES)

    Al Rush, Henry Tapper, Darren Cooke, Steve Webb and Michelle Cracknell

    Knowing how to spot a scammer is half the battle in the fight against pension and investment scams.  And my idol and hero in this fight is Darren Cooke of Red Circle Financial Planning.  Armed with his petition calling for a cold-calling ban, he quickly became a t.v. star and National celebrity.

    UPDATE: Cold-calling has still not been fully banned!! (20/11/2018)

    Last week, on Monday 19th June 2017 (the week of the dreaded Ark trial) I had the privilege to attend the Great Pension Transfer Debate in Peterborough – organised by the amazing Al Rush and chaired by the awesome Henry Tapper.  There I met a few people I already knew but also got to meet Darren Cooke in person and tried hard not to graze my knees as I groveled humbly before him.  I also met some other wonderful professionals and heard some wonderful speakers – not the least of which were Sir Steve Webb and Michelle Cracknell.

    But – and I mean no disrespect to the event and it’s organisers – all the excellent things which were said during the presentations depended entirely on the quality and honourability of the advice given.  With only one notable exception, the event was attended by the ethical, qualified, regulated cohort of the profession.  But, of course, out in the field there are sharks and shysters by the dozen – both in the UK and offshore.

    In fact, this event was a world away from the world I live and work in.  The attendees of this event were the cream of the financial services profession; those who pride themselves in being ethical, honest and conscientious.  Most of the people there already had reputations for maintaining the highest possible standards of professional excellence, respecting the law and regulations, and actually caring about their clients.  But I felt like a fish out of water, because generally I am dealing with criminals who have deliberately and callously ruined thousands of lives – some of whom are now, thank goodness, under official investigation by the SFO.

    I asked the question “could all the scammers identify themselves” – and while this produced a few chuckles, it produced not a single (or the single) hand.  And thereby lies the problem: how does the public distinguish between the ethical guys and the scammers?  The scammers wear the same clothes; talk the same talk; have the same leather-bound portfolios and briefcases and sport the same smart hair cuts.  They probably have more go-faster stripes and fluffy dice on their Aston Martins, but other than that they are indistinguishable from the good guys.

    So, those in the know probably understand how to check qualification and regulation at the drop of a hat – but how does the ordinary man in the street – or on the Clapham Omnibus – know how to do that?  Does the public know that there are a few – very few I would add – regulated and qualified firms and individuals in the UK who are scammers?  (Ok, there are masses offshore, but let’s concentrate just on our mainland for the time being).

    And even if a member of the public does know how to do that, do they have any idea what else to check or verify? Again, the answer is: of course not.  So why don’t we start with the basics: the FCA register.  That ought to tell the enquirer whether a firm is regulated – but that is part of the problem: regulated for what exactly?  A firm which is regulated for insurance mediation is not regulated for pension or investment advice.  But the ordinary man in the street does not understand that.  Then you’ve got qualifications; looking up an individual on the CII register might show up a “student” member, but a member of the public might not know that is not the same thing as a qualified member.

    But then you have firms which are FCA regulated but which are still scammers – albeit very few to my knowledge (but still enough to cause sufficient damage to large numbers of victims).  And, of course, offshore it is simply “open season”.

    The creepy crawlies of the financial services world (ugh!)

    Rather than trying to figure out how to spot a scammer, perhaps we should have a go at deciding what constitutes a scam and work backwards from there.  The Cambridge dictionary defines a scam as an illegal plan for making money, especially one that involves tricking people

    The Business Dictionary defines a scam as “A fraudulent scheme performed by a dishonest individual, group, or company in an attempt to obtain money or something else of value. Scams traditionally resided in confidence tricks, where an individual would misrepresent themselves as someone with skill or authority, i.e. a doctor, lawyer, investor”

    The classic financial services scam consists of an individual who purports to be a qualified adviser who is part of a firm which is licensed in the appropriate jurisdiction to provide the advice required – normally something to do with pensions and/or investments.  Then the adviser, who has by now claimed to be “fully” qualified and regulated, will sell the unsuspecting client a scheme and/or investment which is not appropriate for their agreed risk profile.  Often the word “independent” has gone out of the window, because the adviser will merely invest the client into whatever pays the adviser himself the most commission – and sometimes that is even his own fund for which he is promoter or distributor.

    There are many variations on this theme – and many peripheral scammers providing cold-calling, lead generation and marketing services and loan facilities as well as spurious “introducers” which pose as quasi advisers.  And then there are the accountants who sell tax-avoidance investment schemes and employee benefit trusts – resulting in heavy losses and tax liabilities.  And then there are the UCIS providers peddling such rubbish such as collapsible holiday flats in an obscure part of Africa; oblong bits of tarmac not too far from an airport; truffle tree plantations; recycling inventions and empty tin cans.

    If we keep it simple for now: how does the ordinary man in the street or on the Bakerloo Line check out a UK-based financial adviser?  First check his qualifications; second check out that his firm is regulated by the FCA to provide the service being sought i.e. pension and/or investment advice; third ask for evidence of professional indemnity insurance; fourth check the solvency of the firm.

    If the advisory firm goes bust and the client loses a large amount of money, the maximum the client can claim from the Financial Services Compensation Scheme is £50,000 for investments.  The best place to check solvency is Companies House where you can look up a company’s accounts and see how profitable and solvent it is.  And then ask yourself whether you want to take financial advice from a firm which can’t even look after it’s own finances.

    One example is an advisory firm in Guildford which has been trading for 21 years.  For twelve of those years the company has made a loss.  On total turnover of £11 million since it started trading, it has made a total profit of £36 thousand during the entire period.  Would you want that firm to advise you on your finances?

    So, my advice is check, check and check again.  And when you think you have exhausted all the checks, get a second opinion.  The information is out there – it is just a question of knowing where and how to look for it; what questions to ask and how to understand the answers.  And then you’ll be a man, my friend.  SMILEY FACE 🙂

    What is a Pension Scam?

  • Pension Liberation Fraud Facts

    Pension Liberation Fraud Facts

    Pension Liberation – ruining thousands of lives.  HMRC pursues the victims of pension liberation fraud and not the pension liberation fraudsters.  This has got to change.Facts about pension transfers

  • Pensions Ombudsman Squashed by High Court

    Pensions Ombudsman Squashed by High Court

    Loading...

    Loading…

  • Your Pension Minister Ros Altmann – Westminster Job Centre

    On a rainy Tuesday, we wiggled our way round the back of Westminster Cathedral to the DWP which houses Pensions Minister Ros Altmann and also Work and Pensions minister Iain Duncan-Smith.  As it turned out, it also housed a security guard called “Babs”. 

    We were a trio from Ark Class Action which represents victims of pension scams such as Ark, Capita Oak and Evergreen.  With me were the vice chair (an Ark victim who lost her final salary pension along with her partner); and secretary (also an Ark victim who lost her final salary pension along with her husband).  The previous evening, they had spent several hours comforting a very distressed Capita Oak victim who was worried sick that the assets of his pension – Store First store pods – were now worthless.

    We had gone to meet recently appointed Altmann to urge her to ensure the government takes the action which is so desperately needed to tackle pension scams.  Altmann, former adviser on pensions to the Labour government, had severely criticized George Osborne for his “cavalier” attitude to Britain’s 12 million pensioners – one of the most powerful voting blocks in the country.  http://www.theguardian.com/money/2011/mar/27/george-osborne-ignore-pensioners-peril#comments

     We had decided not to waste our time seeing Iain Duncan-Smith since a year previously he had promised support, action and meetings, but had turned out to be as dishonest as the scammers themselves.  After his false promises, he had then gone on to “lose” one member’s entire file, including copies of bank statements and then lied about having returned it by recorded delivery.

    Altmann had always come across to me as an honourable person and we had high hopes that she would take the time and trouble to understand the seriousness of the pension scam industry – which continues to flourish and ruin thousands of victims – costing billions of pounds’ worth of pensions every year.  Having already met shadow Pensions Minister Nick Thomas Symonds, Mayor of London Boris Johnson and MP Wes Streeting, we felt sure Altmann would want to engage with the Class Action and spearhead an anti pension scam campaign without hesitation.

     Having spent weeks trying to set up the meeting with Altmann, our mission was to ensure she understood that the system of policing and preventing pension scams was quite simply broken.  We wanted her to become the champion who would take the credit for putting this disgraceful situation right while regulators, police authorities, HMRC and the government continue to fail to address the problem.  With the Pensions Select committee aiming to treat pension scams as a spectator sport, http://www.publications.parliament.uk/pa/cm201516/cmselect/cmworpen/371/37106.html we thought Altmann might step up to the plate and launch a military-style, zero-tolerance initiative against pension scams and scammers.

    We thought wrong.  Babs the security guard informed us:

    “You are not going to be seen and you need to leave the premises.  This is not a Job Centre”.

    Altmann has brought both the Cabinet and the House of Lords into disrepute by publicly turning her back on thousands of victims of pension scams.  She would do well to remember that along with many frontline workers, there are Police officers and Armed Forces personnel losing their pensions every day. 

    MPs have already urged the government to take action against the embarrassing and disgraceful scandal of unchallenged pension fraud. 

    http://www.heraldscotland.com/business/13893452.MPs_urge_government_to_act_on_embarrassing_rise_in_pension_frauds/?ref=twtrec

    I suggest she puts rather more effort into doing her job properly and less effort into comparing the DWP with a Job Centre.  Her responsibility is to champion the cause of thousands of victims of pension fraud – both helping existing victims and preventing future ones.  Altmann should hark back to the warnings she herself made about George Osborne’s “cavalier attitude” to pensioners before she was appointed pensions minister.  And also remember the criticisms she was making about the government four years ago.  http://www.theguardian.com/money/2011/mar/27/george-osborne-ignore-pensioners-peril#comments  And then search her conscience honestly.

     

  • PRUDENTIAL’S TRANSFERS TO PENSION SCAMS

    Paul Manduca – Chairman of Prudential

    LETTER TO PRUDENTIAL’S CHAIRMAN RE TRANSFERS TO PENSION SCAMS

    Dear Mr. Manduca

    As you are the Chairman of Prudential, and in light of the recent POS determination in respect of a Capita Oak victim’s transfer out of Prudential and in to a scheme which was clearly a pension liberation scam, I feel it is important to bring to your attention the significance of the Ombudsman’s decision for Prudential, dozens of other ceding providers, and for the thousands of victims of pension liberation fraud.

    The Pensions Ombudsman feels there should be a distinction between the culpability/negligence of transfers made by ceding providers pre-tPR Scorpion campaign and post. I disagree very strongly and believe that if you allow this precedent to impact on the defrauded members of Prudential, this will also allow other ceding providers (your competitors) to escape responsibility for failing the thousands of members who have fallen victim to scams such as Capita Oak. This will impact severely on the credibility of not just Prudential but the whole industry and Britain’s ethos of saving for a pension.

    The Pensions Regulator was issuing warnings about pension liberation fraud back in 2009. But in 2010/11, Prudential allowed dozens (at least) of transfers into Ark. Following tPR’s action (placing the six Ark schemes into the hands of Dalriada in May 2011), and a high-profile High Court ruling by Justice Bean which declared Ark to be a “fraud on the power of investment”, Prudential do not appear to have improved their due diligence at all.

    HMRC state that “members and pension providers would have been aware of warnings/tax consequences in early 2012 (to pension liberation scams) as there were sufficient warnings and publicity available within the public domain from regulator websites, such as HMRC’s, the Pensions Regulator and the Financial Conduct Authority and a number of pension provider websites.”

    And yet, in 2012/13, Prudential transferred at least 28 members’ pensions totalling more than £829k to the Capita Oak pension liberation scam. Around half of these were post Scorpion. (Scottish Widows, by comparison, transferred more than £750k into Capita Oak and half of this was post Scorpion.)

    Also in 2012/13, Prudential transferred at least £383k to another pension liberation scam: Westminster. Most of this was post Scorpion. Prudential was beaten only by Scottish Widows who transferred more than £485k to Westminster – all of it post Scorpion.

    In none of the transfers did Prudential seek confirmation that the members were genuinely employed by the sponsors of Capita Oak and Westminster. Had they done so, they would have found that both schemes had the same spurious “employer” (a non-existent company in Cyprus) and the same administrator: Imperial Trustee Services Ltd.

    Prudential also failed to spot that both these schemes’ transfer administration was handled by Stephen Ward’s company Premier Pension Transfers Ltd at 31 Memorial Road, Worsley (with Ward’s Spanish firm Premier Pension Solutions SL being a tied agent of AES Financial Services Ltd, an FCA-regulated firm). A little more gentle digging with a very small spade would have found that Ward was the principal promoter and administrator for Ark.

    In researching the Ark, Capita Oak and Westminster members’ files, I can find no evidence that Prudential did any due diligence at all in respect of any of the transfers. Prudential asked no questions of the members or of the administrators of the schemes. Prudential asked for no copies of the trust deed or the scheme accounts or evidence of the sponsoring employer. There is no evidence in my possession that Prudential’s transfer due diligence improved at all post Scorpion.

    In response to one of my complaints to Prudential in respect of a transfer to Ark, Prudential’s Customer Relations Specialist Yvonne Kewell wrote on 7.3.15: “I can assure you that all appropriate checks were done before we transferred the fund. We followed the correct process as required at that time”.

    If Prudential’s “appropriate checks” and “correct process” between 2010 and 2013 were to fail to heed tPR’s warnings as far back as 2009 and beyond; ignore advice widely available in the public domain in early 2012 (according to HMRC); neglect to adhere to the Scorpion checklist in 2013, then what possible faith can the public have in Prudential or indeed the rest of the industry?

    To my knowledge, Prudential have transferred well over £2m in members’ funds to pension liberation scams (and that’s just the ones I know about). Operated by the same scammers. In the same manner. To the same effect for the victims: poverty in retirement and crippling tax liabilities which may result in homelessness.

    Prudential’s Ms Kewell’s concluding statement reads: “I hope my letter explains our position”. If Prudential’s position is that it is acceptable to fail its members and ignore warnings/advice widely available in the public domain over a four-year period, then perhaps that redefines the term “customer relations”?

    Prudential has a once-only opportunity here to emerge from this series of debacles as a shining example of how a leading pension provider should respond to valid complaints of negligence. If Prudential sets a conscientious example and compensates the victims voluntarily (notwithstanding the POS determination above) then all the other providers will have no option other than to follow suit.

    I have thrown down the gauntlet. I look forward to your early response. You and Prudential can either emerge as a hero or a villain since I can assure you there is a determined and highly-organised campaign to bring ALL negligent ceding providers to justice in respect of negligent transfers to pension liberation scams. With a compliance and legal team the size of Huddersfield, I sincerely hope that Prudential will now elect to become a hero amongst the depressing tide of ceding providers who have sought pathetically to justify their failings in thousands of negligent transfers to obvious scams.

    Regards, Angela Brooks – Chairman, Ark Class Action and Pension Life
    www.pension-life.com