Tag: Leonteq structured notes

CRIMINAL CASE AGAINST UNLICENSED FINANCIAL ADVISERS

Denia Courthouse

CRIMINAL CASE AGAINST UNLICENSED FINANCIAL ADVISERS:

Last month saw the first of the CWM pension scam victims testifying in the criminal court of Denia, Alicante. Nine brave people re-lived their ordeal in front of the judge. They answered the judge’s questions, and were then cross-examined by the defendants’ lawyers.

Darren Kirby in front of CWM office

The complainants who testified were all clients of Continental Wealth Management (CWM) run by Darren Kirby and Jody Smart (pictured below), as well as Premier Pension Solutions (PPS) run by Stephen Ward. PPS was an “agent” and “partner” of AES Financial Services run by Sam Instone. (PPS and AES are now under investigation for their role in the 2011 Ark Pension Liberation scam).

It is hard enough for a pension scam victim to be reminded of their ordeal at the hands of callous, greedy scammers. But to have to recount in graphic detail the methods used by the scammers was hard for them to bear.

The scammer’s typical arsenal of weapons comprises a series of lies – adeptly used to trick the unwary into handing over their pensions and life savings. The victims who testified in Denia know these lies all too well. And now, so too does the judge:

LIE NO. 1: “We’re fully regulated”. This, of course, was completely untrue. CWM operated, purportedly, as a member of the Inter Alliance “network”. And Inter Alliance was not only unregulated but had been fined by the Cyprus regulator for providing regulated services without legal authorisation.

Jody Smart of CWM

LIE NO. 2: “Yes, I’m fully qualified”. This, again, was untrue. Few – if any – of the people working for CWM had any financial qualifications. They were mostly poorly-educated salesmen with the gift of the gab. They had learned a well-used and very clever script which was designed to mislead and defraud their victims.

LIE NO. 3: “The case for transferring your pension into a QROPS is overwhelming”. In the case of final salary pensions, this was never true. A guaranteed income for life from a company pension final salary scheme can almost never be bettered. Most personal pensions should also have been left where they were. In fact, all pensions would have been better off avoiding ending up in the hands of CWM – even if a QROPS had been the right option.

LIE NO. 4: “Your pension needs to be in an insurance bond (Quilter, SEB or Utmost). This is for protection and tax efficiency”. This was never true. The bond provided no protection, no tax savings, no flexibility. The 7% commission paid to the “adviser” was not disclosed.

LIE NO. 5: “Your money will be invested in blue chip companies and you will get high returns and low risk.” High returns come with high risk – and the high commissions (paid to the scammers) were hidden from the victims. Toxic structured notes were used for all the victims – and these are complex investment products which were only suitable for professional investors.

There were, of course, many other lies – including the fact that when the toxic structured notes and unregulated funds failed, these were “only paper losses”. Plus the fact that the investors’ signatures were forged or copied on the investment dealing instructions.

Structured Note Providers

The second half of the complainants will be heard by the court on 9^th and 10^th December 2021. Once the court has heard from all these victims (minus Bob Bowden who sadly passed away recently), the fate of the defendants will be decided by the judge. Let us all hope this will herald an end to these types of pension and investment scams.

Perhaps “the end” will be just the beginning. A new dawn for an offshore financial services industry which sells proper financial advice – and not just commission-laden products.

CRIMINAL CASE AGAINST UNLICENSED FINANCIAL ADVISERS

October 7, 2021
How risky are structured products – and fireworks?
Normally a great fan of FT Adviser – and their excellent, independent journalists – I was horrified at the recent “Guide to Structured Products” (particularly the section on how risky they are by Craig Rickman).

Noting that this article can be used towards CPD credits, I was astonished that so little attention was paid to the toxic legacy of so many structured notes since 2008. And how Rickman has failed to mention the many thousands of lives which have been ruined – as well as how many people have died or taken their own lives because of being sold these products by unscrupulous con men masquerading as advisers.

It is not just the rogue advisers who are at fault for flogging structured notes to their unsuspecting victims – it is the life offices such as Old Mutual International who offer them on their platforms of toxic investment rubbish (including such snorters as LM, Axiom, Premier New Earth, Kijani and Quadris Forestry).

Rickman refers to “lessons learned” and quotes how a high street bank was fined £1.5m in 2012 for flogging so-called capital-guaranteed structured products in the UK. Of course, the reality was (and is) that there is no such thing as a fool-proof capital guarantee. It is all just a question of relative risks. But the scammers just love the phrase “capital guarantee” because it virtually guarantees their victims won’t question the investments in such products. And when the losses start to appear, the advisers will fob the victims off with the well-worn phrase “don’t worry – it’s just a paper loss”. By the time the structured notes mature and the losses are crystalised, the adviser is long gone.

It is a great shame that Rickman omits any mention of the huge offshore scandal which has been going on since around 2008. This consists of a cartel of rotten-to-the core life offices including OMI (IoM and Ireland), SEB, Generali and various other members of AILO (Association of International Life Offenders). These AILO members have been promoting and facilitating international financial crime for almost a decade and have made vast fortunes out of their evil trade.

Of course, high-risk structured notes have played a major part in this worldwide crime. These products – particularly those flogged by Commerzbank, Royal Bank of Canada, Nomura, Leonteq and BNP Paribas – were routinely sold through armies of unlicensed, unqualified “chiringuitos financieros” (financial scammers) so that thousands of unsuspecting victims could be relieved of their life savings. The ultimate goal was, naturally, the huge commissions paid to line the scammers’ pockets.

I once tried to get my head round exactly how structured notes work and I asked a senior manager from one of the providers to give me a couple of hours to get me up to speed. The only thing I knew for sure about structured notes was that they were routinely abused by scammers such as Continental Wealth Management. And that victims would typically lose half their life savings – and sometimes more (much more).

The structured note expert was doing well with me as his pupil for about five minutes as he gave me a broad introduction. Then, sadly, he switched from English to Japanese, then Serbo Croatian, Icelandic and Māori . By the time he changed to Xhosa, I am afraid I was a lost cause. But I had a nice time checking out my Facebook while he gabbled on. I am no expert by a long way – but I think I know a wee bit more than the average man on the street. And I think my conclusion that structured notes should never be used for retail, unsophisticated investors is correct. In fact, that is what it almost always says on the tin:
- Not for retail distribution
- For professional investors only
- Due to the complex nature of these products, investors should be made aware of the risk of loss of part or all of the capital
And then there is what isn’t on the tin:
- Offered by bent life offices such as Old Mutual International who do no due diligence or “asset reviews” on such products
- Routinely used by scammers because they love the concealed high commissions
- Have caused hundreds of millions of pounds’ worth of losses in the past ten years
Old Mutual International – lover of all unlicensed, unqualified scammers across the globe – is now suing Leonteq for £94 million worth of toxic structured notes. The widespread use of these products has resulted in devastating losses – and victims have died as a result.

Ironically, OMI aboss Peter Kenny is quoted as saying: “I would encourage all industry participants to work together to eradicate poor practices once and for all.” And for once I agree with him – shutting down OMI altogether would be a great start.

Any investment is only ever as good as the quality of the advice given to the investor. Whether it is a structured note (e.g. Leonteq); a fund (e.g. Woodford Equity Income fund); a bond (e.g. London Capital & Finance); property (e.g. Dolphin Trust); an EIS (e.g. Guy Myles‘ Octopus) or the local bookmaker.

How risky are structured products – and fireworks? And how good, safe and suitable are they?

When I say “good” I mean “suitable“. And there’s the rub: what is claimed to be suitable by so many so-called advisers is actually suitable for their own pockets but totally unsuitable for their clients. Of course, another problem is that there are armies of firms which call themselves advisers but don’t have an investment license. They claim that they can give investment advice with an insurance license so long as they con their victims into using an expensive, pointless insurance bond (such as OMI, SEB, Generali, RL360, Friends Provident etc) and then pick from the many toxic investments offered on the bond provider’s platform.

I like comparing structured notes to fireworks. They both need to be handled with great care and should only be used by those qualified and authorised to deploy them. With fireworks in the UK, every year thousands of people are injured and end up in hospital with scars which will last a lifetime. With structured notes, thousands people are suffering from the loss of their life savings. There have been deaths and suicide attempts – and there will inevitably be more.

Journalists – especially financial reporters – have a duty to inform and warn the public. It is a great pity that Craig Rickman of FT Adviser has missed such an excellent opportunity to expose this rotten sector of the financial services industry. If this article qualified for CPD credits, then he also missed a golden opportunity to help financial services professionals learn to protect consumers from the dangers of structured products – and the scammers who peddle them.
November 12, 2019
Store First v Insolvency Service Battle
April 2019 sees the battle between Store First and the Insolvency Service. On April 15th, the High Court proceedings will kick off. As a result, the Store First v Insolvency Service will determine how many people will lose their pensions permanently. Two sets of very expensive lawyers – DWF and Eversheds Sutherland – will battle it out to see if Store First can continue trading. In the end, if the Insolvency Service wins the war, then both law firms and an insolvency practitioner will get rich.

You can read the Insolvency Service’s witness statement here.

As a result of the Insolvency Service winning, 1,200 pension scam victims will probably lose the majority of their investments in Store First. In most insolvencies, there is little left after the various snouts in the insolvency trough have had their fill. Investors will be lucky to get 10p in the pound. If there’s an “R” in the month. And if it is snowing. And if Brexit has a “happy ever after” ending.

The Insolvency Service says it is “in the public interest” to wind up Store First. But are they right? Isn’t winding up the company going to do even more unnecessary damage?

One very important issue is that the Insolvency Service’s witness statement dated 27.5.2015 (by Leonard Fenton) is so full of inaccuracies, misunderstandings, incomplete facts and an obvious failure to understand how the scam worked – as to be utterly laughable. The Insolvency Service and the High Court will rely heavily on this witness statement – and yet it has so many holes and errors that it is misleading, incomplete and meaningless. I asked the Insolvency Service questions about the incorrect and incomplete statements and made numerous comments on the failings contained within the statement. But the Insolvency Service did not even have the courtesy to reply or even acknowledge my contribution. In my view, this is arrogance and incompetence in the extreme.

This impending legal battle (which will cost the taxpayer £millions) is riddled with many more questions than answers. Here are a couple of my questions:

QUESTIONS RE STORE FIRST V INSOLVENCY SERVICE BATTLE
- Why did HMRC and tPR register Capita Oak and Henley Retirement Benefits Scheme as pension schemes in the first place?
- How many of the many scammers behind Capita Oak and Henley have been prosecuted?
- Is there an explanation as to why Berkeley Burke and Carey Pensions are still trading?
The reason for my questions is that both HMRC and tPR were negligent in registering the two occupational pension schemes. This was because the schemes were obvious scams from the outset. They both had non-existent sponsoring employers which had never traded or employed anybody. And they weren’t even in the UK.

HMRC was blind, stupid and lazy at the start – when these two schemes were registered by known scammers. But several years later, HMRC woke up pretty smartly and sent out tax demands for the “loans” the victims received. The Store First v Insolvency Service Battle is probably doomed to ignore HMRC’s negligence in causing this disaster in the first place.

James Hay and Suffolk Life had been facilitating the Elysian Fuels investment scam at around the same time. And this was with the considerable “help” of serial scammer Stephen Ward. So, this was a prime time for scams and scammers. However, both HMRC and tPR failed the public back then and have continued to do so ever since.

In 2015, the Insolvency Service identified and interviewed most of the scammers behind the Store First pension scam. In their witness statement dated 27th May 2015, Insolvency Service Investigator Leonard Fenton cited statements and evidence from all the key players.

KEY PLAYERS IN THE STORE FIRST PENSION SCAM:
1. Ben Fox
2. Stuart Chapman-Clarke
3. Michael Talbot
4. Sarah Duffell
5. Bill Perkins
6. XXXX XXXX
7. Alan Fowler
8. Jason Holmes
9. Karl Dunlop
10. Christopher Payne
11. Keith Ryder
12. Craig Mason
13. Patrick McCreesh (of Nunn McCreesh – along with Phillip Nunn)
14. Tom Biggar
15. Paul Cooper (Metis Law Solicitors)
That is fifteen scammers who have never been prosecuted. They have not only never been brought to justice, but many of them went on to operate further scams and ruin thousands more lives – destroying more £ millions of hard-earned pension funds.

And what of Toby Whittaker’s Store First? There is no question that store pods are not suitable investments for pension fund investments. Car parking spaces are unsuitable for pensions as well. There are, in fact, a long list of inappropriate investments for pensions – including anything high-risk, illiquid and expensive or commission-laden.

TYPICAL INVESTMENTS USED BY SCAMMERS:
- Risky, unregulated funds and bonds such as Blackmore Bond, Blackmore Global, London Capital & Finance, Trafalgar Multi Asset Fund, LM, Axiom, Premier etc.
- Structured notes – especially those provided by Nomura, Commerzbank, Royal Bank of Canada and Leonteq
- Loan note arrangements such as Dolphin Trust – which has just changed its name to German Property Group GmbH
- All start-up enterprises
- Wine, art, stamps, chia seeds, truffle trees, eucalyptus plantations, art, antiques etc
All the above are routinely used and abused by pension scammers as “investments” for some dodgy scheme. Invariably, the above investments come with pension liberation fraud and/or huge introduction commissions and hidden charges. However, it is rarely the fault of the artist, wine maker, start-up entrepreneur, truffle farmer or property developer that the scammers profit so handsomely from abusing their products.

Store First v Insolvency Service Battle

I hope Store First defeats the Insolvency Service in the forthcoming battle in the High Court this month. And I hope that the public and British government will finally get to see what embarrassingly inept, corrupt, lazy regulators and government agencies we have. I will publish the Insolvency Service’s witness statement separately for anyone who wants to read the Full Monty.

Let us not forget that the solicitors acting for the Insolvency Service – DWF LLP – also act for serial scammer Stephen Ward. It was Ward who was responsible for the pension transfers which subsequently invested in Store First. Had it not been for him, 1,200 victims’ pensions totaling £120 million wouldn’t now be at risk. But, somehow, DWF LLP doesn’t think that is a conflict of interest?!?

Let us be clear: if the Insolvency Service wins the court case, the investors will get nothing. This will mean that, yet again, the victims will get punished. If Store First wins, the investors will get at the very least half their money back. If they are patient, they may even get it all back.
April 4, 2019
Raising standards – financial advisers and qualifications

I read an interesting article recently which has prompted this blog, written by Blair duQuesnay, CFA®, CFP® – an investment adviser at Ritholtz Wealth Management, LLC. Blair suggests that the most important change needed in the financial industry is qualifications. Poorly qualified advisers give poor investment advice. Bad investments advice leads to loss of funds.

Blair has said one thing that underpins all the work we do at Pension Life:

“The bar to hold oneself out as a financial advisor is low, shockingly low. This is all the more shocking because the stakes are so high. Clients have only one chance to save and invest for retirement. If bad advice leads to the unnecessary loss of capital, there is no time to start over.”

Read Blair’s piece here:

http://blairbellecurve.com/substance/?fbclid=IwAR1or8YzCkxUNh_M5-o9e7WngaYJXXV_vjyWI92ZjXEXqG5x9DWzJMA8rgc

I have written many times in the past about unqualified financial advisers, leading victims blindly into wholly unsuitable investments. These unqualified “snake-oil salesmen” often put most (or sometimes all) of their clients funds into unregulated, toxic, illiquid, no-hoper rubbish which has high commissions for the broker to earn but leave the pension or investment portfolio with an unrecoverable dent.

If investors are unsure about what qualifications an adviser needs to give advice on investments then please have a read of this blog: “Qualified or not qualified? That is the question”

Blair (pictured) talks about substance and the need for higher standards among financial advisers. Whilst I love her thoughts, I know how difficult this might be to achieve. We see wholly unqualified scammers posing as fully qualified IFAs time and time again. These scammers are very good at acting the part and the victims have no idea they are dealing with a fraudster – and sometimes go on for years believing they are dealing with a proper financial adviser.

When accepting financial advice always ask the ‘adviser’ what financial qualifications they have. If it transpires they are not fully qualified to give investment or pension advice – walk away and find someone who is.

Blair’s words highlight this issue perfectly, stating, “What sort of education, credentials, and work experience do these people have? It depends. You cannot tell which type of firm, business model, or regulatory space in which they operate or if they have the right training and qualifications to give financial advice. One broker is a CFA charterholder, while another down the hall had three weeks of sales training and took the Series 7.”

Often the best scammers are the ones with the sales training – they know how to push the ‘hard sell’, make the victim think they are ‘missing out’ if they don’t sign straight away. In offshore firms – especially – we see job adverts for new ‘financial advisers’, which state that they are looking for people with sales backgrounds. All too often there is no mention of the necessity of a financial services background, let alone any financial qualifications. Often guys that used to sell cars or holiday apartments will end up selling pension transfers. These are the ones you definitely want to avoid.

Blair goes on to say, “There’s a common phrase that it takes 10,000 hours to master a skill. Working a 40-hour week with no holidays or vacation, that takes almost five years. I would argue this number is low. I practice ashtanga yoga, a method that adds one new posture when the previous one is mastered. I spent over four years on the same posture. In that daily work of making tiny incremental progress toward the end goal, I overcame fears, corrected weaknesses, and powered through with pure determination. That is substance.”

Blair highlights that we live in a time of instant gratification and almost laziness in regards to making money. From multi-million-pound Youtubers, rich from being stupid in videos, to big-bottomed rich girls selling their life stories to become famous – it is all about obtaining difficult things easily.

Twenty-first-century living is driven by the need for wealth and the need for that wealth to be earned FAST!

These desires are what the scammers use to their advantage. They tell their victims that their funds will be placed in high-return investments. Investments that will easily add great value to their pension fund, meaning they will be able to have a lavish retirement.

The thought of possibly doubling your pension fund in just ten years can seem like something of a dream come true. AND, unfortunately, a dream is usually what this is. Placing your funds in supposedly high-return investments – ALWAYS – means taking a high-risk.

Whilst some high-risk investments do pay off, they are no place for a pension fund – life savings are what people are depending on to keep them in their later years. A pension fund is not a fund to be risked: it should be placed in a broad spectrum of liquid, low-to-medium risk investments. Maybe a small proportion could go into a higher-risk investment but only if the investor’s risk profile says he is comfortable with that degree of risk. Most people – even high-net-worth clients – don’t want to lose ANY money.

A trustworthy and fully qualified financial adviser would know this and he would ensure the advice he gives you is in your best interests – not his. The unqualified salesman giving “advice”, will usually opt for the fund that gives the highest commissions. He can walk away with a fat wallet (probably never to be seen again) and the bleak future of your pension fund is not something he will lose sleep over. But you will, when the high-risk investment in which your entire fund is trapped starts to rapidly lose value.

If the gentle reader doubts these dire warnings, just look at the facts about investment losses that we highlighted in a recent blog:

Who killed the pension? Scammers; ceding providers; introducers; HMRC?

£236,000,000 London Capital & Finance fund (bond), but also:

£120,000,000 Axiom Legal Financing Fund

£456,000,000 LM Group of Funds

£207,000,000 Premier Group of Funds

£94,000,000 Leonteq structured notes

Without stating the blooming obvious, that is well over one billion pounds’ worth of AVOIDABLE losses – and still just the tip of the iceberg.

Blair finishes her article by saying, “We owe it to our future clients to raise the bar. People deserve the reassurance that the person giving investment advice on their life savings has a baseline of knowledge. Until then, clients must continue to do their research on advisors. Look for those who have put in the time to learn their craft and have degrees and credentials to prove it. Often these are not the best salespeople, but at least these advisers have substance behind them.”

What a lovely finish and what a very important statement. Financial advisers are not salesmen, they are financial advisers. Their work should be conducted in a way that best suits the needs of the individual – each individual, separately. And there is one way and one way only to invest a client’s money: do a proper, thorough, professional risk assessment and then invest strictly in accordance with that the resulting risk profile.

Slow, steady and fully qualified financial advice always wins the race.

April 1, 2019
Who killed the pension? Scammers; ceding providers; introducers; HMRC?

In every pension scam there is one beginning, lots of middles, and always a wretched ending for the victim and a profitable ending for the scammers. The beginning is always a negligent, lazy, box-ticking transfer by a ceding provider – the worst of which always tend to be the likes of Standard Life, Prudential, Scottish Widows, Aviva, Scottish Life, Aegon, Zurich etc.

Pension scams are rarely simple and there are many different culprits to blame for the losses. The one common theme though, is that not one of the parties involved is prepared to take the blame for the victims’ losses – EVER. It was always someone else’s fault.

The pension scam trail is rather like a game of Cluedo. The question is: “who murdered the pension fund?”. We travel around the board trying to decipher who is to blame: at which point was the pension fund truly put at risk? – and with what weapon was the pension fund murdered?

While the pension fund transfer always starts with the negligent ceding provider, there are financial crime facilitators long before this: our old friends HMRC and the Pensions Regulator. HMRC registers the scams – often to repeat, known scammers. HMRC does no basic due diligence and deliberately ignores obvious signs that the scheme is an out and out scam. Then HMRC does nothing to warn the public when they discover there are dastardly deeds afoot. In the case of an occupational scheme, the Pensions Regulator allows the scheme to be registered and is slow to take any action even when obvious signs of financial crime emerge.

In recent cases, we have seen complaints – by the victims of scams – upheld against the ceding provider’s negligence in releasing the pension funds to the scammers and financial crime facilitators. And yet neither HMRC nor the Pensions Regulator is ever brought to account. The biggest problem is that – in the case of pension liberation – HMRC will pursue the victims and not the perpetrators. This then compounds the appalling damage done to thousands of people’s life savings.

We have often seen serial scammers like Stephen Ward behind scams such as Ark, Capita Oak, Westminster, London Quantum etc., and yet neither HMRC nor tPR take any action (except to pursue the victims for unauthorised payment tax charges). This is neither just nor reasonable – and yet this practice continues unchallenged.

Any half-decent detective would then turn his attention to the “introducers” and cold callers. These people draw in the victims with unrealistic promises of fat returns and “free” pension reviews. In the case of the London Capital & Finance investment scam, we have seen hard evidence of how lucrative introducing and lead generation has become. Surge Group earned over £50 million promoting the scam which saw 12,000 victims lose £236 million worth of life savings. Surge boasts that it has over 100 staff and that they are treated very well: “We have our own in-house Barista who makes the best flat whites in Brighton. Every day you will find healthy breakfasts, fridges brimming with drinks and snacks, weekly massages and haircuts provided onsite.”

In the case of the Continental Wealth Management scam, there was a further trio of suspects: life assurance companies – Generali and SEB and OMI. These providers of expensive “life bonds” pay the scammers 7% commission and facilitate the crime of defrauding victims into investing into high-risk, expensive, unsuitable investments that earn the scammers further fat commissions. Even when the portfolios have been partially or even fully destroyed (murdered), the life offices still take the huge fees and blame the advisers such as CWM – or even the victims themselves.

We also have the so-called regulators – such as the FCA (Facilitating Crime Agency) and tPR (the Pension Rogues), who are supposed to help protect the public from becoming pension scam victims. But these limp and lazy organisations are so slow off the mark, that the scammers have long since vanished by the time they take any action. This is evident in the recent London Capital and Finance investment scam; the FCA was warned back in 2015 but – of course – did nothing.

Another suspect in the pension murder crime scene is the Insolvency Service. Back in May 2015, the Insolvency Service published their witness statement in the case of a large cluster of pension scams – including Capita Oak, Henley Retirement Benefits, Berkeley Burke and Careys SIPPS – all invested in Store First store pods. The total scammed out of 1,200 victims was £120 million – and yet the only action that the Insolvency Service has taken has been to try to wind up Store First. Four years later. And all this will do is punish the victims even further – on top of HMRC punishing the victims by issuing tax demands.

The burning question is:

How long can all the parties involved in these pension scams, go on letting this happen and say it has nothing to do with them? In some cases we have the ceding providers blaming the victims for their losses!

Still, to this day, we see victims’ life savings invested in toxic and expensive assets. Nothing meaningful is being done to put a stop to it. The victims lose their money and the scammers escape with bulging pockets full of cash.

Other suspects include the advisory firms – some of which have no license to provide financial advice and few have sufficient professional indemnity insurance. Henry Tapper recently wrote an interesting blog recently about the FCA’s suggestion that financial advisory firms should have much higher PI cover.

In the offshore advisory space, regulation is still hit and miss – with some firms providing investment advice with only an insurance license. And many providing advice with no license at all. But still QROPS and SIPP trustees routinely accept business from these “chiringuitos”. But even the properly-regulated ones still routinely use expensive, unnecessary “life” bonds – and we now have hard evidence that this is a criminal matter in Spain after our recent DGS ruling against Continental Wealth Management and all associated parties.

The saddest footnote to this blog is that many so-called “experts” seem to think that the real culprit is the victim himself. They state that people who fall for scams were “stupid” or “greedy” or “should have known better. The well-worn trite phrase: “if it sounds too good to be true, it probably is” gets trotted out all too frequently. But when even regulated and qualified firms and individuals have convincing sales patters that effectively con people into expensive, high-risk arrangements with hidden commissions and fake promises of “healthy” returns, is it any wonder that so many pensions are murdered every day? And when large institutions like Old Mutual International and Friends Provident International facilitate such pension and investment scams, is it any wonder that so many highly-intelligent, well-educated people get scammed?

Ask the victims of not just the £236,000,000 London Capital & Finance fund (bond), but also:

Axiom Legal Financing Fund – £120,000,000 (most of which offered by OMI and Friends Provident International)

LM Group of Funds – £456,000,000 (most of which offered by OMI and Friends Provident International)

Premier Group of Funds – £207,000,000 (most of which offered by OMI and Friends Provident International) – including Premier New Earth and Premier Eco Resources

Leonteq structured notes – £94,000,000 (all of which offered by OMI)

April 1, 2019
FT Adviser Top 100 Financial Advisers 2018

I have enormous respect for FT Adviser. Their articles are written by proper journalists and they generally write competently and professionally. FT Adviser puts International Adviser to shame with their thinly-disguised promotional shows and Micky Mouse “articles” which only ever promote their own sponsors – Old Mutual International and their ilk.

It was really interesting to read FT Adviser’s recent “Top 100 Financial Advisers 2018“. I had, however, never heard of most of the advisory firms. But that is hardly surprising because nobody ever comes to me and says “guess what, I’ve got a really good adviser and am making good returns on my investments”. And I presume that all the advisory firms listed by FT Adviser are full of happy clients who never need to complain about being scammed into unsuitable investments and losing money due to a combination of high, undisclosed charges and trading losses within insurance bonds (particularly OMI’s).

However, and it is a big “however”, there are a couple of firms on the list which should have had big red asterisks against them – largely because they discredit the rankings, the other firms on the list and FT Adviser’s reputation. These are Quilter PLC and Canaccord Genuity Group.

Canaccord Genuity Group is under investigation by the FCA for non-disclosure of investment charges. Coming 24th in the top 100 list, it is very worrying that an advisory firm that lies about how much investments cost should have £990,000,000 worth of assets under management. I wonder what the investment charges are on that little lot and how much non-disclosure of related charges has gone on. Let us not forget that “non-disclosure” means lying – and with almost one billion under management that is very serious indeed.

However, Canaccord Genuity Group’s porky pies do pale into a degree of insignificance when compared to Quilter plc which came sixth with £10.3 billion worth of sales and £29 billion worth of assets under management. Quilter plc is Old Mutual International, which is the life office which helped scam hundreds of victims out of their life savings. So surely FT Adviser should have put a really bright double red asterisk against this firm on the league table? (Or perhaps they didn’t care, as Quilter was the lead sponsor?).

If Quilter is managing £29 billion worth of assets – presumably on behalf of thousands of investors – I wonder how much of this has been used to buy toxic, high-risk structured notes. As Old Mutual International seems to be claiming there is nothing wrong with destroying millions of pounds’ worth of clients’ funds by making inappropriate investments, the same must be true of Quilter plc.

Old Mutual International was buying many millions of pounds’ worth of structured notes provided by Commerzbank, Royal Bank of Canada, Nomura and Leonteq between 2010 and 2017. OMI has disclosed that at least £94 million worth of the Leonteq notes were fraudulent, and is now suing Leonteq.

I have to confess, if I were a client of Quilter plc, I would be inclined to change advisers sharpish – although most certainly not to Canaccord Genuity. Mind you, that still seems to leave 98 other firms worth considering.

But, despite the embarrassing inclusion of these two dud firms, congratulations to FT Adviser for the hard work which must have gone into producing this hit parade. This is definitely one in the eye for the hopeless nitwits at International Adviser.

December 3, 2018
International Adviser – Giraffe Awards

Looking at International Adviser’s 2017 awards, I really think the judges were having a giraffe (or they were very drunk).

“Best regular premium investment product – Hong Kong – Zurich International Life”

Seriously? This grim firm has one of the most expensive long-term savings plans on the market. A victim scammed into buying one of these toxic, inflexible products will pay 48.07% of their savings in fees to Zurich. To put this into real numbers, a victim who saves £366,600 over a 25-year period, will pay £176,240 in fees.

In this disgraceful long-term rip-off contest, Zurich is in the midst of the others who similarly overcharge their victims with these undisclosed charges: RL360 at 51.68%, Hansard at 51.28%, Generali at 47.08% and Friends Provident at 46.64%. Savers would be better off sticking their savings under the mattress, away from the greedy clutches of these rip-off merchants.

“Best regular premium investment product – Singapore – Friends Provident International”

OK, perhaps the least expensive of the big five, but still 46.64% is ludicrously expensive. These long-term savings plans are routinely mis-sold and victims end up losing most of what they have saved.

“Readers choice – Europe – SEB International”

This life office was routinely ripping off pension savers by taking business from unlicensed, unqualified, unscrupulous scammers Continental Wealth Management from 2010 to 2017. To the tune of 1,000 victims with £100 million worth of investments. About half of which has been destroyed. SEB stood by and watched CWM invest hundreds of victims’ life savings in toxic, high-risk, professional-investor-only structured notes. As the scammers gambled away millions of pounds, SEB kept taking their fees – based on the original investment value. In this case, all of SEB’s victims lost part or all of their retirement funds.

I HAVE DECIDED TO INVITE MY FRIENDS AT INTERNATIONAL ADVISER TO LAUNCH A NEW AWARDS CEREMONY:

THE GIRAFFE AWARDS

My proposal is that awards are given every year for the worst performers in terms of either operating scams or facilitating them. Let us be very clear – we are talking about financial crime here. It is extremely important that publications such as International Adviser do their bit in cleaning up the financial services industry. That is why these awards are so important.

The judges should be the victims themselves. Here are my nominations – but am more than happy for victims to suggest others:

Advisory Firms: Continental Wealth Management, Holborn Assets

Pension Trustees: Concept, STM Fidecs, Fast Pensions

Life Offices: SEB, Generali, Hansard

Funds: Blackmore Global, Trafalgar Multi-Asset, Christianson Property Capital

Structured Product Providers: Leonteq, Nomura, RBC, Commerzbank

Regulators: Isle of Man, New Zealand, United Kingdom

It is clear that regulators and ombudsmen are useless, limp and disinterested in how their respective jurisdictions operate financial crime so routinely. International Adviser could emerge the hero by exposing the appalling practices in offshore financial services which routinely destroy victims’ retirement savings. (Or not, as the case may be).

May 28, 2018
Old Mutual International (OMI) facilitating financial crime

From 2010 up to the present day, Old Mutual International has been facilitating financial crime by allowing scammers to misuse and abuse OMI “life bonds” to scam victims out of their life savings.

The victims of the CWM scam are still wondering how the hell they lost an average of 60% of their life savings. Old Mutual International (Quilter) was the provider for the bulk of the life bonds used in the CWM debacle, taking huge amounts of business from unregulated scammers Continental Wealth Management. OMI also paid CWM huge amounts of commission – in the full knowledge that CWM was unregulated and a known, serial scammer.

Pension Life members of the CWM victim group have supplied their figures to us. The losses are huge and we believe that these figures need to be shared with the public so Old Mutual International (OMI) understand and take responsibility for the devastation they have facilitated to the lives of the victims.

Let us hope that Old Mutual International will step up to the plate. The people who work at OMI are human beings, with loved ones. Hopefully, they can imagine how they would feel if this tragedy had happened to one of their loved ones – while the people at OMI stood by and did nothing to stop the devastation. For more than eight years, OMI employees sat on their hands while the so-called investments inside their “insurance bonds” plummeted in value. And OMI did absolutely nothing. Just kept taking their quarterly fees.

OMI will, of course, try to say it was not their fault. That it was down to the advisers appointed by the victims. Or the trustees. Or both. Or the Boogeyman. OMI will claim that they had every right to sit there and watch millions of pounds worth of life savings being wiped off investors’ funds, while continuing to take out their huge quarterly fees.

I wonder how OMI/Quilter directors would feel if this happened to one of their loved ones. Or if someone they cared about had been drowning, and a crowd of people had stood by and watched them die. Because, make no mistake, there will be deaths as a result of this. And the people at OMI will have this on their conscience for the rest of their lives.

OMI’s victims have died. And more are dying. This industry is about people. Let us see if OMI cares about their fellow human beings. Because, so far, there is zero evidence that they give a toss.

May 23, 2018
Keep Calm: Just avoid OMI/Quilter

OLD MUTUAL INTERNATIONAL HYPOCRISY OVER NEW MALTA REGULATIONS

OMI’s Peter Kenny advises the industry to “keep calm”.

He obviously wants to be able to keep flogging these useless, pointless and exorbitantly expensive insurance bonds to thousands of innocent victims.

With the announcement of new regulations in Malta for QROPS, International Adviser has quoted managing director of OMI (soon to be Quilter) Peter Kenny: “Old Mutual International is encouraging all market participants to help rid the industry of inappropriate structured products“.

Kenny´s statement, to the untrained eye, may seem logical and thoughtful. However, here at Pension Life we are well educated about OMI´s dirty laundry and routine use of toxic structured notes.

The statement Peter Kenny made is downright hypocritical. He is clouding the irresponsible and negligent actions OMI have made in the past, and the damage the high-risk structured products have inflicted on pension funds. Kenny hasn´t even mentioned the huge quarterly fees OMI have applied to ever-dwindling pension funds.

These fees are OMI´s way of clawing back the commissions paid to the scammers. And this is why victims are tied into these insurance bonds for so many years, and why there are such enormous penalties for exiting the bonds.

Kenny told International Adviser:

“The Malta Financial Services Authority’s proposed new regulations are sensible, appropriate measures to be taking.

Specifically, we welcome greater restrictions on structured notes. Old Mutual International is encouraging all market participants to help rid the industry of inappropriate structured products which are having a damaging impact on investor confidence and outcomes.

Over the years, Old Mutual International has taken action to tighten its criteria, introduced a maximum fee level, and in some cases banned certain types of structured products from certain institutions.

Not all structured products are bad, and they can be useful for clients who want a degree of capital protection whilst also providing exposure to investment markets or a fixed return. However, many structured products are often very complex in design. Regrettably, some investors and advisers will not always possess the depth of knowledge required to fully understand the risks and rewards associated with investing in such structured products.”

Doesn´t that sound lovely in theory! However, I´m sure the victims of the CWM pension scam would not agree.

“Specifically, we welcome greater restrictions on structured notes. Old Mutual International is encouraging all market participants to help rid the industry of inappropriate structured products which are having a damaging impact on investor confidence and outcomes.”

For the last eight years at least, OMI have allowed the use of structured notes. We have seen many examples of victims having 100% of their portfolios invested in structured notes – including the fraudulent Leonteq ones. We have the hundreds of victims of the CWM pension scandal as evidence of this.

Peter Kenny must surely be aware that OMI were happy to invest the life savings of the CWM victims into structured products which clearly stated at the top of the investment sheets (so as even the most short-sighted OMI employee could not miss it):

HIGH-RISK AND FOR PROFESSIONAL INVESTORS ONLY

Here at Pension Life, we do hope that even trainees at OMI are aware that pension fund members are retail investors and should be placed into low to medium risk, liquid investments. However, it seems that these details obviously don´t feature in OMI´s training manual.

Structured products are illiquid and they often lock the fund in for fixed terms – up to 5 years. Added to this is the fact that victims were also locked into ten or eleven-year term OMI´s life assurance policies. It is absolutely ridiculous to lock people into a product which does nothing to protect the funds and only serves to erode the value of the funds with the exorbitant quarterly charges which inexorably “drag” the fund down.

“Over the years, Old Mutual International has taken action to tighten its criteria, introduced a maximum fee level, and in some cases banned certain types of structured products from certain institutions.”

This is an outright lie and we have hard evidence that even in the past couple of years, OMI has done nothing to tighten its criteria in any of the CWM cases. In fact, OMI were still accepting fraudulent Leonteq structured notes up until very recently. Peter Kenny is being dishonest as the reality is that there was no thought or care at all over a very long period.

One Pension Life member started with a fund of £38,000. His last valuation showed that it was now worth just £800. When OMI apply their next quarterly fee, the entire fund will be wiped out as OMI simply kept taking their fees based on 11% of the original value (as opposed to the constantly dropping value). But clearly OMI didn’t care or even show any interest – they made a packet in fees, paid a huge commission to the CWM scammers and sat back and did nothing while the fund dwindled to nothing.

“Not all structured products are bad, and they can be useful for clients who want a degree of capital protection…”

I highlight here a “degree of capital protection” – just a degree? Pension funds are normally a person’s life savings. So what does a “degree” mean? 10%, 50% perhaps 75%? The degree of capital protection in the case of the CWM/OMI scam was 0%.

“Regrettably, some investors and advisers will not always possess the depth of knowledge required to fully understand the risks and rewards associated with investing in such structured products.”

Regrettably for the investors who were victims of the CWM scammers and OMI, they most definitely did not possess the depth of knowledge required to fully understand the risks. They put their faith in the smartly- dressed scammers. With promises of high returns, the high risk of the investments and high fees to be charged were left unmentioned. OMI were supposed to protect the victims’ interests but failed dismally to lift a finger to help arrest the downward spiral of the funds.

OMI just sat there like a lazy, greedy, callous parasite and watched the victims’ retirement savings dwindle.

Malta´s new regulations have been put into place to protect investors from scammers like CWM and firms like OMI. I think OMI are secretly seething as the changes to the regulations will surely affect their already dropping profits.

International Adviser also reported on 30 Apr 18:

“Quilter, formerly Old Mutual Wealth, said its assets under management and administration had fallen in the first quarter of 2018.”

Here´s hoping they fall further – much further – 2/3rds further like Pension Life members Pete and Val´s did. Peter Kenny needs to experience a taste of how the victims of the CWM scam felt at finally receiving the news that their pension funds had been left in tatters.

May 10, 2018
LEONTEQ “DRIVEN BY POSITIVE CLIENT SENTIMENT”
LEONTEQ “DRIVEN BY POSITIVE CLIENT SENTIMENT” (Really?) In their 2017 annual report, rogue structured note provider Leonteq has reported “GROWTH ACROSS ALL REGIONS – Driven by positive client sentiment and solid demand for structured products”.

I have no idea what sort of claptrap Marco Amato, CEO and CFO of Leonteq, thinks he is spinning in the 2017 annual report, but if Leonteq really is “experiencing growth across all regions”, this is very serious indeed. If hundreds more victims are going to lose their retirement savings across the globe due to Leonteq’s toxic, professional-investor-only structured notes being sold to low-risk retail investors, then he should hang his head in shame.

Leonteq’s Chairman – Christopher M. Chambers – is quoted as saying:

“We are immensely grateful to Marco Amato for having served as interim CEO during a very difficult phase for our company. He has done an outstanding job. We look forward to continuing to count on his experience and leadership as Deputy CEO and CFO.”

I just hope the new CEO – Lukas Ruflin – will start paying compensation to the CWM victims.

The only positive client sentiment that I can see, is that the Continental Wealth Management victims are positive that Leonteq should pay compensation for the terrible losses caused by their dodgy, toxic structured notes.

And Leonteq can, of course, afford to pay. Here are their 2017 results:

I note they paid their staff £87 million in that year. Way too much – I suggest they halve all employees’ wages until the Continental Wealth Management victims are fully compensated.

I have some other suggestions for Leonteq:
- Don’t take business from unlicensed firms
- Don’t take business from known scammers who put investors into extortionately expensive insurance bonds such as OMI, Generali and SEB
- Don’t take business from known scammers
- Don’t allow low/medium risk investors to be invested in Leonteq’s high-risk, toxic, professional-investor-only structured products which are clearly labelled:
“Danger of losing part or all of your capital”

Rogue life office, Old Mutual International, has been wittering on about suing Leonteq for many months – but never actually does anything about it other than spout a lot of meaningless hot air.

Time to make up your mind Old Mutual. Your victims are suffering terribly – and you don’t seem to care.
March 2, 2018
Say NO to structured notes for pensions!

Structured notes – say NO to them if an adviser wants to invest your pension in them. They are high-risk investments which are for professional investors ONLY – and not for ordinary retail investors – especially pensions.

Say NO to structured notes for pensions!

Structured notes have been used as pension investments for some years. Many advisers don’t understand them – and certainly, no retail pension investors understand them either. Structured notes are definitely not the low risk, high return investments originally promised – and the capital is NOT protected as claimed by some advisers.

As in the above example, it is a disgrace that structured note providers such as Commerzbank, Nomura, RBC and Leonteq have allowed their toxic products to be used for retail pension savers. Even when these rotten products have nosedived repeatedly, these dishonest and dishonourable providers keep on flogging them to destroy victims’ retirement savings.

Along with the rogue advisers – such as the scammers from Holborn Assets and Continental Wealth Management – and the rogue structured note providers, there are also rogue insurance companies who accept these toxic, high-risk, professional-investor-only investments. These insurers know full well that accepting these notes will doom the policyholders to poverty in retirement, but they don’t care. Some of the worst of these “life offices” are Old Mutual International, SEB, and Generali. These companies are no better than scammers and really should be called “death offices” since they effectively kill off thousands of victims’ life savings with their extortionate charges.

Commerzbank, Nomura, RBC and Leonteq all claim to be “award winning and innovative companies” and yet they show zero compassion to the victims who lose huge proportions of their retirement savings. The structured note providers keep paying commissions to the scammers – ranging from 6% to 8% of the investments. And then, when the structured notes go belly up, they simply sell more of the same toxic rubbish to the same scammers in an attempt to further ruin the victims.

So what the hell are structured notes? And why should investors say NO to them?

A structured note is an IOU from an investment bank that uses derivatives to create exposure to one or more investments. For example, you can have a structured note betting on the S&P 500 Price Index, the Emerging Market Price Index, or both. The combinations are almost limitless.

Say NO to structured notes for pensions!

Structured notes are frequently peddled by less-scrupulous financial advisers – as well as outright scammers – as a “high-yield, low-risk” supposedly backdoor way to own stocks. However, regulators have warned that investors can get burned – which they frequently do. If the investment banks can flog it, they will make just about any toxic cocktail you can dream up. In reality, a structured note is an unsecured debt issued by a bank or brokerage firm – and the amount of money the investor might (or might not) get back is pegged to the performance of stocks or broad market indexes.

Read more: Structured Notes: Buyer Beware!

On the surface, the ‘cocktails’ the structured note providers make seems like they could generate a great return. However, the truth is they often benefit the financial adviser rather than the investors.

Structured notes are suitable for professional investors only – and the fact sheets issued by the providers state this clearly. Whilst they do offer high returns if successful, they are also high risk with no protection on the amount invested. Structured notes should not be used for pensions.

Continental Wealth Management(CWM) invested over a thousand low to medium risk clients’ retirement savings in structured notes – mostly provided by Commerzbank, Nomura, RBC and Leonteq. These clients now have seriously decimated funds and are worried sick. But Commerzbank, Nomura, RBC and Leonteq have shown neither remorse for their toxic, high-risk, illiquid products nor concern for the hundreds of victims.

OMI (Quilter), Generali and SEB have also been totally disinterested in the thousands of failed structured notes they have facilitated. Indeed they are even charging the victims crippling early exit penalties when they decide to get out of the expensive and pointless insurance bonds which are further eating into the remaining funds.

Most structures notes have no guarantee, so their worth often depreciates to less than the paper they are printed on. Much like a bet at the races, if you bet £10 on Noble Nag to win in the 2.30 at Kempton Park at ten to one, you are guaranteed to win £100 if the horse wins. But if the horse doesn’t win, you say goodbye to your money.

Most structured notes are dressed up to look appealing to the uninformed victim. But in reality they are high risk and illiquid and can result in total decimation of a victim’s life savings. The advisors rarely disclose the commissions they are earning from the purchase of the structured notes (or from the insurance bond). Plus, once the structured notes start showing a serious loss, the adviser just dismisses this as “only a paper loss”. As the advisors have already taken their cut, they are rarely bothered if this high-risk investment does lose the client money.

So if you hear the term ‘structured note’ in connection with your retirement fund, just say ‘NO’. The only people profiting from this type of investment are the advisers.

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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.

January 27, 2018
OMI – AND OTHER GRIM REAPERS

OMI – Old Mutual International (Quilter), SEB, ZURICH, GENERALI, FRIENDS PROVIDENT, ZURICH INTERNATIONAL, RL360 AND HANSARD INTERNATIONAL. They are all as bad as each other. They rip their clients off, charging them huge fees and commissions, tying them into useless, pointless products for years.

These LIFE OFFICES – which cause the death of many life savings – use unregulated advisers to flog their crummy wares. It is hard to tell which of these bandits is the worst.

For years life offices charged their huge fees, paid Continental Wealth Management huge commissions, and sat idly by as they watched hundreds’ of victims’ pensions plummet in value as CWM played roulette with the funds using toxic structured notes from Commerzbank, RBC, Nomura and Leonteq.

One Generali victim saw her £119k pension fund plummet to £36k in five years.

Neither Generali nor SEB has offered any compensation to the hundreds of victims in the Continental Wealth Management scam. Undoubtedly, they treat all their victims just the same: BADLY.

Pension scams are not the only arrangements that these life offices profit handsomely from. Another method they use to rinse extortionate fees out of unsuspecting victims is the LONG TERM SAVINGS PLAN. Clients think these are a good idea until they realise the huge hidden charges which decimate the funds they put towards these plans.

And when they finally admit to themselves that they have been conned, the victims discover how inflexible these plans are with fatal exit arrangements that can wipe every last penny saved.

It is time to recognise and admit that if life offices continue to behave in this way, they have no place in pension and retirement arrangements – since all they do is facilitate catastrophic losses. It is also time to expose the fact that life offices’ long-term savings plans merely fleece savers and put their savings at risk.

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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.

January 9, 2018