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Tag: Ark pensions

  • Dalriada Trustees – Ark Pension Liberation Scam

    Dalriada Trustees – Ark Pension Liberation Scam

    While Dalriada Trustees and Pinsent Masons count their handsome earnings, HMRC prepare to ruin the victims with unauthorised tax charges from the Ark pension liberation scam.

    Dalriada Trustees - a better way than what?

    Dalriada Trustees were appointed by the Pensions Regulator on 31st May 2011 to take over the six Ark schemes: Cranbourne; Grosvenor, Tallton Place, Lancaster, Portman and Woodcroft.

    Designed, set up, promoted and operated by Andrews Isles of Isles and Storer Accountants, Stephen Ward of Premier Pension Solutions and Craig Tweedley of Castlerock Consulting, the Ark schemes were operating pension liberation fraud. Other promoters and introducers included Gary Collin of Asset Harbour (FCA-registered mortgage broker and will writer) and Julian Hanson (who went on to promote and distribute the Barratt and Dalton pension scam) through a scheme called:

    MAXIMISING PENSION VALUE ARRANGEMENTS (a reciprocal version of straightforward pension busting).

    Since their appointment, Dalriada Trustees have paid themselves a total of £1,637,795 in trustees’ fees from the Ark members’ cash. This is broken down as follows:

    • £293,976 Cranbourne
    • £209,620 Grosvenor
    • £292,469 Tallton
    • £246,177 Lancaster
    • £402,677 Portman
    • £192,876 Woodcroft

    In addition to the £1,637,795 paid to Dalriada, £4,041,579 was paid to their solicitors, Pinsent Masons. This figure will have included fees paid to their QC Fenner Moeran.

    This means that 20.85% of the original transfer value of £27,237,257 has now been spent on trustees’ and solicitors’ fees.

    Pinsent Masons - hired by Dalriada Trustees to bankrupt the Ark victims.

    During the past eight years, none of the liquid funds have been invested by Dalriada. Every year, the value of the funds shrinks naturally as there is nothing to protect them from inflation and the impact of charges on the cash and investments.

    After Dalriada’s appointment on 31.5.2011, they allowed a further £1,730,626 worth of transfers which should have been rejected. Ark victims who were given MPVA “loans” are now being taxed at 55% by HMRC. Ark victims who weren’t given MPVA “loans” are also now being taxed at 55% by HMRC. Dalriada and Pinsent Masons are forcing victims to repay the “loans” – even though they will still be taxed by HMRC.

    Despite the fact that nearly 500 Ark victims have paid Dalriada Trustees and Pinsent Masons £5,679,374 in fees, what have they actually delivered?

    • What financial help has been given to the members for challenging HMRC? Answer: NONE
    • How many victims have been allowed to transfer out of the Ark scheme? Answer: NONE
    • How many victims have been allowed to take their PCLS? Answer: NONE
    • Is there any idea how many more years Dalriada will keep the Ark pensions suspended? Answer: NONE
    • Is there any limit on how much more Dalriada and Pinsent Masons can keep paying themselves in fees? Answer: NONE
    • How many of the scammers behind Ark have been prosecuted? Answer: NONE
    • How much of the Ark members’ funds have been invested? Answer: NONE

    How many more pension schemes have Dalriada been appointed to since 2014? Answer: 31

    Based on an average of £1,000,000 a year paid to Dalriada and Pinsent Masons out of the members funds since 2011, the total to May 2019 will be at least £6.5 million (although the accounts won’t be available until at least January 2020).

    And based on all of the above – IS THERE A BETTER WAY?

    November 11, 2019
  • Stephen Ward – The Death of Trust

    Stephen Ward – The Death of Trust

    Pension Life Blog - Stephen Ward - The Death of Trust - Premier Pension solutions - Ward - London Quantum - Stephen WardStephen Ward of Premier Pension Solutions SL and Premier Pension Transfers Ltd and Dorrixo Alliance Ltd has now been banned from acting as a pension trustee by the Pensions Regulator.

    Ward’s sidekick Anthony Salih – based at the notorious 31 Memorial Road, Worsley address – has been similarly banned.  The ban has been in relation to the London Quantum pension scam operated by the pair in 2014/15.

    London Quantum Pension ScamTPR has been neither coy nor shy in its published determination against Ward and Salih – and has openly called the London Quantum pension scheme, and the risky investments which Ward made, a “scam”.

    But to any reasonable person’s mind, tPR’s determination in relation to Ward and London Quantum raises more questions than it answers.  In fact, I would go even further and say that HMRC’s and tPR’s incompetence – as well as Dalriada Trustees‘ own failings – should be examined in parallel with Ward’s multiple frauds.

    Because, make no mistake, London Quantum was only one of many.

    It all started long before the Ark Pensions scam.  Ward set out his stall transferring pensions to New Zealand and liberating 100% “tax free”.  He boasted in the local Costa Blanca press that he had “helped” thousands of clients liberate their pensions (legally).  Of course, this may have been free of tax in New Zealand, but when the Spanish tax authorities catch up with these clients, there will be a very expensive disaster.

    It is extremely worrying that IVCM – a “phoenix” of the Brooklands disaster – is also offering the same New Zealand liberation facility today.  It always worries me when firms fail to learn the lessons of past scams and expose unsuspecting victims to the same catastrophes that past scammers orchestrated.  Add to this the fact that IVCM is regulated out of Gibraltar – the jurisdiction of choice for scammers such as XXXX XXXX and STM Fidecs – and I think it is well worth giving IVCM a very wide berth.

    Prior to 2010, Ward was a tied agent of Inter Alliance – a company based in Cyprus which had an insurance license.  For Inter Alliance in Cyprus, Ward successfully created the illusion that this gave his company Premier Pension Solutions some sort of license.  But, in reality, it did not – as the Cyprus license was only for Inter Alliance and not for any other entity.  Plus tied agents were (and still are) illegal in Spain.

    As a sideline, Ward was flogging EEA Life Settlements as he had discovered the delights of making huge commissions out of dodgy, risky, illiquid investments to his unsuspecting victims.  In 2010, Ward was working closely with Concept Trustees in Guernsey – run by Roger Berry.  Initially happy to see Concept Trustees’ QROPS members have 100% of their pensions invested by Ward in EEA, Berry eventually realised that Ward’s firm was not regulated as it had been dumped by Inter Alliance.  Of course, even before it had been dumped, Premier Pension Solutions wasn’t regulated anyway.  But Concept Trustees was too stupid to realise that.

    Concept then wrote to all the members who were clients of Ward’s Premier Pension Solutions and warned them that Ward’s firm was neither regulated nor had any professional indemnity insurance cover.  Berry claimed he would not be accepting any further investment instructions from Ward, but this was basically just a load of hot air (aka lying) as he continued to accept investment instructions into EEA by Ward.

    In September 2010, Premier Pension Solutions was appointed as a tied agent of AES International – a firm based in London and Dubai.  The agency agreement covered PPS for investment and insurance business – but not pension transfer business.  Ward’s PPS letterheaded paper claimed that it was a “partner” of AES and that it was regulated by the DGS (Spanish insurance regulator) and CNMV (Spanish investment regulator).  PPS also became a member of FEIFA – the Federation of European Independent Financial Advisers (although he was later dumped by them).  You can understand why so many victims thought that PPS was a bona fide advisory firm.

    Pension Life Blog - Stephen Ward - The Death of Trust - Premier Pension solutions - Ward - London Quantum - Stephen WardThen came the first of Ward’s major pension scams: Ark.  It is worth looking at the history of Ark because this sets the scene for how nearly 500 victims came to lose their pensions and face tax liabilities – as well as the dozens of further scams operated by Ward (including London Quantum).

    A famous footballer and his mate – a football club owner – bought a plot of land in Larnaca in Cyprus with a view to turning it into a golf resort.  They paid £1.1 million for the property, but then realised it wasn’t big enough for a whole golf course (neither of them was bright enough to be able to count up to 18) and so they tried to find some other investors.  The chumps they tried to con into buying more land adjacent to the original plot either couldn’t come up with the money or were frightened off such a high-risk, illiquid investment.

    So the sporty pair went to see the footballer’s accountant – Andrew Isles of Isles and Storer (now owned by LB Group).  Isles soothed the sporty pair’s worries by telling them that securing more investors was simple: just start a pension fund!  He introduced them to what he called “two leading pension experts”: Craig Tweedley and Stephen Ward.  Tweedley was already operating the KJK Investments/G Loans pension liberation scam (later to be placed in the hands of Dalriada Trustees by the Pensions Regulator) and Ward was a highly-qualified pensions expert, examiner and author.

    The rest is history as nearly 500 victims lost their pensions to the Ark scam.  But the sporty pair did very nicely – they sold the land in Cyprus to the Ark scheme for £4 million and pocketed the profit.  The footballer tried to hide the money in Dubai but got caught and turned Queens Evidence.  He and the other original investor (the football club owner) fell out and they ended up in court against each other – with the footballer triumphing.  Andrew Isles also did very nicely as he sold introductions to a number of his clients and earned fat commissions in doing so.

    As Ark unfolded – between mid 2010 and mid 2011 – Ward initially acted as an introducer.  There were various introducers – many recruited by Ward when he ran a series of seminars in various parts of the UK.  But Ward himself was the biggest introducer – accounting for more than a third of the whole £27 million fund and earning approaching three quarters of a million pounds in fees (the Pensions Regulator’s report of £350k was way off the mark).

    Ward and his sidekick – bent lawyer Alan Fowler of Stevens and Bolton Solicitors – acted as the controlling minds behind Ark.  The scheme documentation and the “loan” contracts were drawn up and explained by Ward and Fowler.  Of the 5% commission charged by Craig Tweedley, Ward got at least 2% plus a transfer fee.  But Ward had his eye on a much bigger proportion of the fees.  Towards the end of the life of Ark, Ward was preparing to take Ark over from Tweedley – along with an associate of his: Peter Moat (another pension crook who went on to operate the Fast Pensions scam – now also in the hands of Dalriada Trustees).  In a way, it was a shame that didn’t happen, as Tweedley did at least try to help the Ark victims, whereas Ward never lifted a finger.  In fact, he simply told the Ark victims to throw the tax demands away as “HMRC would never pursue them”.

    In February 2011, HMRC met with Tweedley and Ward to discuss the “loans” – so HMRC knew perfectly well that Ward was the main brain behind the scam.  It is, therefore, astonishing that they did nothing to stop him operating so many further pension scams.

    Ark came to a shuddering halt on 31st May 2011, when tPR appointed Dalriada Trustees and the scheme was suspended.  Dalriada went up to Yorkshire to confront Crag Tweedley and relieve him of all the evidence and files relating to the scam.  Tweedley told Dalriada that all the records were held down at Ward’s Manchester office at 31, Memorial Road and he drove down to collect them from Anthony Salih.  He arrived to find Salih removing all the Premier Pension Solutions fee agreements on the instructions of Ward (he managed to shred most of them – but did missed a few which I now have).

    Pension Life Blog - Stephen Ward - The Death of Trust - Premier Pension solutions - Ward - London Quantum - Stephen WardAfter Ark, Ward went on to run the Evergreen Retirement Benefits QROPS scam with accompanying 50% “loans” and a further 300 victims lost £10 million worth of pensions.  HMRC removed Evergreen from the QROPS list when they realised it was a liberation scam and Ward fell back on two more UK-based, bogus occupational schemes: Southlands and Headforte.  Plus, he registered a number of new schemes – including Capita Oak.

    The Capita Oak scheme was another bogus occupational scheme registered by Ward with a fictitious sponsoring employer: RP Medplant (Cyprus).  There is, however, a firm called RP Med Plant in Cyprus.  The Capita Oak trust deed was written by Ward’s bent lawyer Alan Fowler.  Ward took responsibility for the transfer administration – transferring valuable personal and final salary occupational pensions into this scam – in the full knowledge that he was condemning hundreds of victims to certain financial ruin and poverty in retirement.  Capita Oak is now also in the hands of Dalriada Trustees.

    Other pension scams that Ward was operating – in addition to Southlands and Headforte – from 2012 onwards included Feldspar, Hammerley, Meribel,  Halkin, Randwick, Bollington Wood and Westminster.  And, of course, Dorrixo Alliance which was the trustee for many of these scams.  Capita Oak and Westminster are both under investigation by the Serious Fraud Office.

    Pension Life Blog - Stephen Ward - The Death of Trust - Premier Pension solutions - Ward - London Quantum - Stephen Ward
    How much more evidence do they need?

    In May 2014, HMRC was given evidence of all of Ward’s various scams – including Dorrixo Alliance.  They were also given detailed testimony by me and a number of victims of what Ward had been up to in the pension liberation fraud industry since Ark.  It would have been very easy for HMRC to look up to see what other pension schemes Dorrixo was trustee to.  Had they done this, they would have seen that Dorrixo was the trustee for the London Quantum scheme.  If HMRC had taken any action, they could have prevented Mr. N – a serving police officer – and 96 other victims from losing their pensions to Ward and his various dodgy, inappropriate investments (including loans to Dolphin Trust).

    If we add to the above catalogue of scams the Continental Wealth Management scam – 1,000 victims facing the loss of £100 million worth of life savings – Ward has been responsible for the destruction of thousands of people’s pensions this past eight years.  Plus several suicides and deaths from stress-related medical conditions.

    SERIOUS QUESTIONS ARISING FROM THE PENSIONS REGULATOR’S DETERMINATION RE:

    Mr Stephen Alexander Ward – The Pensions Regulator case ref: C46205159

    Ward was a director of Dorrixo from 13 October 2011 to 28 April 2015. A company called Quantum Investment Management Solutions LLP (“QIMS”) has at all material times been the sole sponsoring employer of the Scheme. Dorrixo became the sole trustee of the Scheme on 19 April 2014. Dorrixo is also recorded as being the Scheme administrator.

    HMRC AND TPR WERE GIVEN EVIDENCE OF WARD’S COMPANY, DORRIXO, IN MAY 2014.  THEY WERE ALSO GIVEN EVIDENCE OF A LARGE NUMBER OF SCAMS WARD OPERATED AFTER ARK – ALL INVOLVING LIBERATION FRAUD.  WHY WASN’T ACTION TAKEN TO PREVENT LONDON QUANTUM?  ALL 97 VICTIMS – INCLUDING A SERVING POLICE OFFICER – COULD HAVE BEEN PREVENTED.

    On 18 June 2015 the Regulator appointed Dalriada Trustees Limited (“Dalriada”) as an independent trustee to the Scheme, with exclusive powers.

    HAS ONE SINGLE PENNY EVER BEEN RETURNED TO ANY OF THE PENSION SCAMS PLACED IN THE HANDS OF DALRIADA TRUSTEES?  THERE ARE DOZENS OF THEM, AND FEW – IF ANY – OTHER INDEPENDENT TRUSTEES ARE EVER APPOINTED BY TPR.  BUT THERE SEEMS TO BE NO RECORD OF ONE SINGLE MEMBER EVER GETTING ANY RETURN FROM ANY OF THE SCHEMES IN THE PAST EIGHT YEARS – DESPITE THE MANY MILLIONS DALRIADA HAVE PAID THEMSELVES FROM THESE SCHEMES.

    Pension Life Blog - Stephen Ward - The Death of Trust - Premier Pension solutions - Ward - London Quantum - Stephen WardFollowing its appointment Dalriada discovered that there were approximately 609 files on record relating to potential new members, each at various stages of progression towards becoming a new member.

    AS THIS EVIDENCES THAT THIS SCAM COULD EASILY HAVE DWARFED ARK IN A VERY SHORT SPACE OF TIME, DON’T HMRC AND TPR RECOGNISE THAT THEIR LAZINESS AND NEGLIGENCE NEED TO BE ADDRESSED?  THEY LEARNED NOTHING FROM ARK – AND WHILE THERE ARE VALID CRITICISMS OF WARD FOR HAVING LEARNED NOTHING, HE IS JUST A COMMON SPIV WHILE HMRC AND TPR ARE SUPPOSED TO BE GOVERNMENT DEPARTMENTS WITH A RESPONSIBILITY TO PROTECT THE PUBLIC.  THE SCALE OF THIS SCAM SHOWS THESE TWO ORGANISATIONS ARE NOTHING BUT HOPELESSLY INEPT AND AMATEURISH IN THEIR APPROACH TO DILIGENCE AND PUBLIC RESPONSIBILITY.

    The Scheme was promoted to potential new members by introducers. These included the following entities: GoBMV; Baird Dunbar; What Partnership; the Resort Group PLC; Friendly Investments; Premier Mark Consultants and Quantum Wealth Management Solutions Limited.

    THE DANGERS OF THE SCOURGE OF “INTRODUCERS” SHOULD HAVE BEEN LEARNED FROM THE ARK SCAM IN 2011.  WARD RECRUITED DOZENS OF THEM ALL OVER THE COUNTRY.  AND YET NONE OF THEM HAS EVER BEEN BROUGHT TO JUSTICE FOR THEIR PART IN ARK, AND HAVE GONE ON TO OPERATE AS INTRODUCERS AND EVEN HOLD KEY CENTRAL ROLES IN LATER SCAMS.  THIS INCLUDES FRIENDLY INVESTMENTS AND JULIAN HANSON – WHOSE SCHEMES ARE NOW ALSO IN THE HANDS OF DALRIADA TRUSTEES.

    Gerard was responsible for producing template risk letters, member application forms, pro forma declarations stating that the person signing them was a self-certified sophisticated investor, member booklets and the statement of investment principles (of which there were four versions). Gerard sent these documents to members once they had been introduced to the Scheme by an introducer.

    GERARD ASSOCIATES, RUN BY GARY BARLOW, HAD ACTED AS AN INTRODUCER TO WARD IN THE ARK SCAM.  AND YET HE WAS LEFT FREE TO OPERATE IN THE SAME CAPACITY IN THE LONDON QUANTUM SCAM – AND EVEN TAKE ON A MORE CENTRAL ROLE.  GERARD ASSOCIATES WAS AT THE TIME AN FCA-REGULATED FIRM – AND REMAINS SO TO THIS DAY.  THE FCA HAS TAKEN NO ACTION TO REMOVE THIS FIRM OR TAKE ANY ACTION AGAINST GARY BARLOW.

    GERARD ASSOCIATES’ GARY BARLOW WAS PAID £253,000 FROM THE LONDON QUANTUM SCHEME FOR DEFRAUDING VICTIMS INTO SIGNING AGREEMENTS THAT THEY WERE “SOPHISTICATED” INVESTORS.  SO WHY HASN’T BARLOW BEEN PROSECUTED AND JAILED – AND MADE TO PAY THIS MONEY BACK TO THE VICTIMS?

    A material number of the new members had a low or medium appetite for investment risk and, in any event, were unaware that the Scheme’s investments were high-risk investments. The Panel was troubled by the apparent disconnect between members’ appetite for risk and the high risk nature of the investments made by Dorrixo. Mr Ward accepted that the Scheme’s investments were high risk, but claimed this was made clear to new members in the Member Booklet.

    I DON’T KNOW WHAT SORT OF DRUNKEN DUMMIES MADE UP TPR’S “PANEL”, BUT DID THEY SERIOUSLY THINK THAT ANY PENSION FUNDS SHOULD EVER INVEST IN HIGH-RISK CRAP?  INDIVIDUAL MEMBERS’ APPETITE FOR INVESTMENT RISK IS IRRELEVANT – THIS WAS A PENSION FUND, NOT A CASINO.

    The case against Ward was based on failures of competence and capability, and also a lack of honesty and integrity as well as Ward’s involvement with “pension liberation” as an introducer of members to the “Ark” schemes.

    BUT TPR AND HMRC KNEW ALL ABOUT THIS BACK IN 2010 AND 2011.  WHY DID THEY DO NOTHING TO PREVENT WARD FROM SCAMMING MORE VICTIMS OUT OF MORE MILLIONS OF POUNDS.  THEY STOOD BACK AND WATCHED – DESPITE HAVING HARD EVIDENCE THAT HE WAS STILL UP TO HIS CRIMINAL MISCHIEF.

    Mr Ward did not dispute that a company of his (Premier Pensions Solutions SL) was involved in introducing members to the Ark Schemes, but states that the relevant activity pre-dated any finding by the courts of pensions liberation and that Mr Ward had no knowledge that the schemes were being used for such activity.

    BUT HMRC, TPR AND DALRIADA ALL KNOW THIS ISN’T TRUE.  THEY HAVE ALL SEEN EVIDENCE THAT WARD AND HIS BENT LAWYER ALAN FOWLER ACTUALLY PRODUCED THE “LOAN” (MPVA) DOCUMENTATION AND EXPLAINED THE LOANS IN SOME CONSIDERABLE DETAIL TO THE VICTIMS.  THE MPVA CONTRACTS WERE DRAWN UP BY FOWLER.  IS IT REALLY CREDIBLE THAT NEITHER HMRC NOR TPR WOULD HAVE OBJECTED TO THIS STATEMENT?

    The Panel did not consider there was sufficient evidence of Ward having actual knowledge of, or turning a blind eye to, the illegal nature of the activity of the Ark Schemes when carrying out his role as introducer before.

    SERIOUSLY?  I HAVE GIVEN EVIDENCE OF THIS TO BOTH HMRC AND TPR ON MANY OCCASIONS.  THIS HAS BEEN DISCUSSED AT MEETINGS WITH DALRIADA TRUSTEES ON MANY OCCASIONS.  EVIDENCE OF THIS HAS BEEN GIVEN TO THE SERIOUS FRAUD OFFICE ON MANY OCCASIONS BY VARIOUS VICTIMS AND ME.  WHAT FURTHER EVIDENCE DID THE PANEL WANT?  EVERY ARK MEMBER’S FILE WAS FULL OF SUCH EVIDENCE.  EITHER TPR IS LYING OR IT IS INCOMPETENT.  OR BOTH.

    The Case Team also relied on certain alleged failures in relation to other pension schemes (called Headforte and Halkin), of which Mr Ward was a trustee. These are denied by him (e.g. an allegation of failure to appoint an auditor to those schemes) and the Panel did not consider it necessary to make findings in respect of them.

    SO WHAT ACTION HAS TPR TAKEN IN RELATION TO HEADFORTE AND HALKIN?  BOTH WERE BEING USED FOR PENSION LIBERATION FRAUD BY WARD – AND YET THE VICTIMS PROBABLY STILL HAVE NO IDEA WHAT HAS HAPPENED TO THEIR MONEY.  IT IS ABSOLUTELY ASTONISHING THAT NO ACTION HAS BEEN TAKEN IN RELATION TO THESE TWO SCHEMES, PLUS ALL THE OTHERS WARD HAS BEEN OPERATING OVER THE YEARS.

    Stephen Alexander Ward (date of birth 11 July 1955) is hereby prohibited from being a trustee of trust schemes in general. This order has the effect of removing the above-named individual from all or any schemes of which he is a trustee. By section 6 of the Pensions Act 1995, any person who purports to act as a trustee of a trust scheme whilst prohibited under section 3 is guilty of an offence and liable (a) on summary conviction to a fine not exceeding the statutory maximum, and (b) on conviction on indictment to a fine or imprisonment or both.

    Pension Life Blog - Stephen Ward - The Death of Trust - Premier Pension solutions - Ward - London Quantum - Stephen WardSO, WARD CAN STILL OPERATE AS A PENSIONS ADMINISTRATOR?  CAN STILL DO PENSION TRANSFERS?  HE IS BASICALLY FREE TO CARRY ON AS BEFORE.  THIS MAKES HMRC AND TPR COMPLICIT IN WARD’S MANY CRIMES.

    THIS IS NOT JUST THE DEATH OF TRUST, BUT OF ANY CONFIDENCE IN THE GOVERNMENT, REGULATORS AND CRIME PREVENTION AGENCIES TO PREVENT OR DEAL WITH PENSION SCAMS AND SCAMMERS.

     

     

    October 30, 2018
  • SALMON ENTERPRISES TAX TRIBUNAL VERDICT

    SALMON ENTERPRISES TAX TRIBUNAL VERDICT

    Pension Life Blog - SALMON ENTERPRISES TAX TRIBUNAL VERDICT - James Lau - Salmon Enterprises victims must wait until after easter for the verdict on the Salmon pension scamSALMON ENTERPRISES TAX TRIBUNAL VERDICT:

    The Salmon Enterprises victims will have to wait until after Easter for the verdict on the Salmon Enterprises Tax Tribunal appeal.  This will be a very anxious time for the victims of James Lau – currently under criminal investigation – and the directors of Tudor Capital Management currently serving eight-year jail sentences for cheating the Public Revenue and money laundering offences.

     

    The anxiety will inevitably be shared by the Ark victims – as HMRC now want to push ahead with the Tax Tribunal appeals as well (after seven years of dithering).  The Salmon Enterprises determination may well have an impact on the Ark appeal so there will be hundreds of people desperate for news after Easter.

    Pension Life Blog - SALMON ENTERPRISES TAX TRIBUNAL VERDICT - James Lau - Charles Bradley - recent cases include the O'Mara appeal and Salmon EnterprisesIn the Salmon Enterprises appeal heard in London on Tuesday 20th March, HMRC was represented by Charles Bradley of Pump Court Tax Chambers.  A distinguished and gentlemanly young barrister with a double first in history at Cambridge, it remains to be seen whether his arguments for HMRC’s case based on interpretation of legislation and authorities will outweigh our arguments for justice and morality.  Perhaps history will surprise us all after Easter.

    I would like to pay tribute to the dignity and courage of the appellants at the Salmon Enterprises hearing.  Having traveled down from the north of England, and spent many days preparing themselves mentally and intellectually for the ordeal before them, my heart went out to them both.  A teacher and an IT analyst, both victims had worked hard all their lives and led exemplary lives before falling victim to this scam at the hands of criminals.

    These two appellants – like the Ark victims – have endured years of worry and damage to their health since they were scammed in 2011.  I was immensely proud of them as they stood in the witness box and represented, effectively, all victims of the Salmon Enterprises and Ark cases.

    Pension Life Blog - SALMON ENTERPRISES TAX TRIBUNAL VERDICT - James Lau - Margaret Snowdon OBE - PASA CHAIR - Stated "It is morally wrong to tax victims of fraud."As I listened to the case put forward by HMRC, and the testimony of their witness, the words of Margaret Snowdon (speaking at the Transparency Task Force Symposium in November 2017) kept ringing in my ears:

    “It is morally wrong to impose tax penalties on victims of fraud”.

    Margaret was appointed an OBE in 2010 and has, uniquely, for six years running been named as one of the Top 50 Influential People in Pensions and was awarded for her outstanding contribution to the pensions industry by the PMI in 2012.

    **********************************************************************

    As always, Pension Life would like to remind you that if you are planning to transfer any pension funds, make sure that you are transferring into a legitimate scheme. To find out how to avoid being scammed, please see our blog:

    What is a pension scam?

    FOLLOW PENSION LIFE ON TWITTER TO KEEP UP WITH ALL THINGS PENSION RELATED, GOOD AND BAD.

     

    March 25, 2018
  • SCAMS AND SCANDALS SYMPOSIUM – TRANSPARENCY TASK FORCE 15.11.17

    SCAMS AND SCANDALS SYMPOSIUM – TRANSPARENCY TASK FORCE 15.11.17

     

    Scams, scandals and creepy crawlies
    IT IS A SCANDAL THAT THE WOLVES, VULTURES, SCORPIONS AND BLOOD-SUCKERS OF THE FINANCIAL SERVICES WORLD STILL FLOURISH

    SCAMS AND SCANDALS SYMPOSIUM – PART OF THE TRANSPARENCY TASK FORCE: WEDNESDAY 15TH NOVEMBER AT THE OFFICES OF IG GROUP, 12.30 TO 5PM

    Pension and investment scams and scandals are a blight on financial services and saving for retirement.  The energetic and inspired campaign by Darren Cooke of Red Circle successfully raised awareness of the problems of cold calling.  But the snap general election scuppered serious traction on this and the most the government has achieved so far is to make a vague promise to talk about talking about it.  But still it is not illegal, and still the scammers are scamming away merrily.

    Andy Agathangelou, Chair of the Transparency Task Force
    Chair of The Transparency Task Force

    The Scams and Scandals team was formed as a result of inspiration by the Transparency Task Force’s Andy Agathangelou.  It has attracted a group of like-minded professionals who believe passionately that a concerted effort should go into coordinating a zero-tolerance approach to scams and scandals.  All members of the team are committed to producing a White Paper which can focus the minds of government ministers, regulators and law enforcement agencies on the whole problem – not just the cold calling bit.

    CWM "advisers" acted as sharks

    Irrespective of which version of which political party we are talking about, the ultimate object of a successful and fulfilled life is to be happy, healthy and solvent.  And this includes getting a decent education, leading a responsible and law-abiding life, and saving for a comfortable retirement.  Millions of British citizens manage to achieve this goal, but sadly many thousands of them lose part of all of their retirement savings to the armies of scammers.

    Pension Life has been dealing with dozens of different scams in different jurisdictions by an army of repeat scammers since 2013.  These include Trafalgar Multi-Asset Fund scam operated by XXXX XXXX and facilitated by STM Fidecs in Gibraltar; Continental Wealth Management pension investment scam (with much of the transfer advice provided by “sister” company Premier Pension Solutions run by Stephen Ward); Blackmore Global run by Nunn and McCreesh (who ran the cold calling and lead generation for Capita Oak and Henley); Fast Pensions run by Peter and Sara Moat in collaboration with Bridgebank Capital; Premier New Earth Recycling Fund; Park First – part of Group First (along with Store First); Windsor Pensions and the Danica QROPS liberation scam; London Quantum and Stephen Ward’s Dorrixo Alliance; Holborn Assets in Dubai; Ark (Lancaster, Portman, Cranborne Star, Woodcroft House, Tallton Place, Grosvenor); Toby Whittaker’s Store First; Elysian Biofuels liberation scheme; Axiom UPT; Capita Oak; 5G Futures; Guardian Wealth Management; Square Mile Financial Services; https://pension-life.com/incartus-investment-pension-scheme-in-the-hands-of-dalriada-trustees/Incartus Investment Pension Scheme; KJK Investments and G Loans; Westminster pension scam run by XXXX XXXX; Salmon Enterprises – run by James Lau; Pennines, Malvern and Mendip liberation scams; Henley pension scam run by XXXX XXXX; Evergreen QROPS and Marazion loans; Bespoke Pension Services.

    James Hadley, one of the many pension scammers ruining thousands of victims' lives
    XXXX XXXX, one of the many pension scammers ruining thousands of victims’ lives

    All these scams and scammers have caused thousands of victims to lose hundreds of millions of pounds’ worth of retirement savings.  And caused untold misery – in many cases exacerbated by HMRC punishing the victims rather than the perpetrators.

    The Scams and Scandals Team has a clear five-point goal:

     

    1. Ban UK cold calling and fraudulent calling

    We must not let this disappear off the agenda and must keep up pressure on MPs and Ministers – as well as the regulators.  But this must also be extended to overseas as we already know that the UK-based cold calling outfits have made arrangements to move their operations or merely facilitate re-routing of phone numbers.  However, the twilight industry of “introducing” must also be examined as this is a serious source of scam facilitation.

     

    1. Support Lesley Titcomb “Scammers are Criminals”
    Lesley Titcomb - head of the Pensions Regulator
    Ms Titcomb has publicly declared scammers to be criminals

    We must work with the regulators, government and law enforcement agencies to enhance existing and introduce new regulation and legislation to prevent new scams, close down known existing scams and bring those involved in conceiving, operating and promoting both to account.

     

    1. Revitalise Scorpion Campaign

    Fundamental to preventing scams is communication to the public of the dangers of cold calls and pension/investment scams which would include the Scorpion Campaign – but so much more as well.  A key part of this exercise is the use of social media and the plan to produce a documentary and Youtube channel giving real-life examples of past and current scams. Explaining the mechanics of a scam is one thing – but showing an actual example of a victim and the scammer is bound to have even greater impact.

     

    1. Write off HMRC debt where scams are proven
    EDWARD TROUP HMRC PENSIONS LIBERATION ACCOMPLIACE
    HMRC celebrating the tax they collect from victims of pension liberation fraud

    We need the help of the government here and could do with an actuary to help us work out what the cost to the State is of taxing victims of scams.  If we can demonstrate that by ruining a scam victim (who has already probably lost part or all of his pension) with the tax charge, the long-term cost of supporting the victim and his family will far outstrip the tax collected.  This is especially well demonstrated in the Ark case where the victims have got to both repay the “loans” and pay the 55% tax even if the loans are repaid.

     

    1. Ensure AML regs include pension scamming
    Store First saw over a thousand pension scam victims lose £120 million
    TOBY WHITTAKER’S TOXIC EMPIRE WILL FINALLY BE HUFFED AND PUFFED AWAY

    I would widen this to include investment scams.  This is because at the heart of every pension scam there is a fraudulent investment (and/or loan).  The actual pension itself is harmless as it is essentially just a box with a label on it and only becomes toxic and dangerous once you put the scorpions, snakes and cockroaches inside it.  You could equally put fluffy kittens in it.  It is the mis-use of the pension “box” which is the scam.

     

    November 6, 2017
  • Ark Disaster – Dalriada Accountable for Strategy

    Ark Disaster – Dalriada Accountable for Strategy

    Dalriada – accountable for strategy

    Need a bigger ark for the Ark Pension Disaster…

    Mark Atherton of The Times wrote:

    We have tried to establish who should take responsibility for the financial disaster which befell investors in the Ark pensions “liberation” schemes. They were suspended in May 2011, leaving hundreds of investors facing ruin after being hit with a punitive 55 per cent tax penalty on the so-called “reciprocal loan” payouts they were given.

    Yet when you talk to the people and organisations involved about who should carry the can for the Ark debacle the response of everyone, from those who originally marketed the schemes to the regulators and the watchdog, is a firm: “Not me, guv.”

    None of this is much help to Ark victims such as Neale Morgan, who invested his money in good faith after checking that the schemes were properly registered and yet now finds himself being punished by the taxman for participating in a scheme which the revenue itself had previously registered.

    The revenue and the pensions regulator have, since October 2013, tightened up the registration process for pension schemes — a tacit admission that the system in place at the time of the Ark fiasco was inadequate.

    It seems unfair that the revenue is now hitting those people who invested in the Ark schemes with severe penalties, while not going after the people who profited from the scam. As Mr Morgan says: “The authorities seem to be punishing the victims, while letting the perpetrators go scot-free.”

    The revenue and pensions regulator should start turning the spotlight on the perpetrators, while the Financial Conduct Authority should launch a full-scale investigation into the Ark collapse and name, shame and punish those found guilty of wrongdoing.

    What is a Pension Scam?

    At the same time, the revenue should consider tempering justice with mercy in the case of the Ark victims. Many of these people were given false assurances that the schemes were viable.

    In most cases they have spent the lump sums that were “unlocked” from their pensions, often on settling debts, and they simply have no money left to pay the revenue’s penalty fees.

    Sadly, the Ark disaster is not an isolated event. Every month brings news of fresh pensions “liberation” cases and the scammers are likely to be gearing up to take advantage of the confusion surrounding next year’s relaxation of the rules governing how you can take your pension cash.

    The message to ordinary investors is a simple one — be alert to anyone promising you easy money if you transfer your pension to an unknown scheme.

    Your default position when confronted by any smooth-tongued salesman should be: “Why is this person lying to me?”

    Ark was an appalling disaster.  It has cost several people not just their life savings but also their lives.  It really is time to make sure that the Pensions Regulator doesn’t just mouth the words “scammers are criminals” but also make sure they are prosecuted.

    What is a Pension Scam?

    May 14, 2014
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