Tag: Pension Life

  • Generali – jumping ship to avoid new regulations?

    Generali – jumping ship to avoid new regulations?

    Pension Life Blog - Generali jumping shipThe mis-selling of life assurance policies and long-term savings plans has been a regular topic in our blogs.  Many victims of pension scams see their funds mis-invested into life assurance policies. These life assurance policies do little more than drain the fund value with their expensive fees and costs.

    Generali has for years been aggressively peddling these toxic products.  Interestingly, they have just pulled their contractual savings plans – Vision and Choice – from the UAE market.  Interesting and attractive names for profoundly ugly, expensive and destructive products.

    We have to wonder if all the negative press surrounding Generali’s life assurance bonds has anything to do with it? Since 2016 there has been a huge rise in complaints surrounding the mis-selling of these products. With huge, concealed start-up costs, the funds rarely ever reach their original investment amount, let alone make a gain.

    Furthermore, there has been a third push on regulations to improve how savings, investment and life insurance policies are sold. AND the Spanish insurance regulator (DGS) just confirmed that all such products sold in Spain have been done so illegally But Mr Vitiello of Generali claimed their decision to stop selling the Vision and Choice products in the Emirates was not linked to the new regulations. REALLY?!?!

    Reported by The National. ae, Generali’s Marco Vitiello stated:

    “We will not be accepting any new business applications for our current unit-linked saving products,” said Vitiello – General Manager of Generali’s Dubai branch. “There will be no impact at all to existing clients and contracts. They will continue to be serviced in the same manner as before.”  In other words, they will just keep on losing money, being tied in for an unacceptable length of time and paying extortionate charges.

    This is not the only big change Generali has made this month. The National.ae also reported that:

    “Generali’s decision to stop distributing its contractual savings plans in the UAE came less than a week after the company sold its entire shareholding in its unit, Generali Worldwide Insurance, to the Guernsey-based Utmost Group”

    We wrote about the proposed merger between Generali and Utmost Group back in August 2018.

    Pension Life Blog - Generali - jumping ship to avoid new regulations?

    The Utmost Group now has over £33bn in assets under administration and over 240,000 customers. We can only hope that customers of The Utmost Group will not become victims of mis-sold life assurance policies like the ones of Generali.

    Generali was one of the culprits involved in the huge Continental Wealth Management pension scam, which saw as many as 1,000 victims, invested into high-risk, toxic, professional-investor-only structured notes.

    Whilst the bulk of the victims were placed into OMI bonds, at least 25 (but probably nearer 100) of the victims were placed into Generali bonds by the scammers. The sum total of 25 pension funds invested into these toxic insurance bonds was a whopping £6,314,672. The losses on this amount are calculated to be approximately £3,604,528.

    One victim invested £793,612 and has just £62,703 left! Losing a massive £730,909.

    Another victim invested £142,626 and has lost £90,618! Leaving him with a fund of just £52,028.

    Please note these figures are correct as at 2017/2018, so today’s value is now even lower. Despite the funds’ huge decrease in value, Generali continues to take their fees (based on the original amount deposited – not the current depleted value). Therefore, these amounts will continue to fall AND despite the massive loses be locked in for a fixed term.

    It is, of course, a relief to know that they have decided to stop peddling these toxic, inappropriate bonds to victims. But we can’t help wondering why Generali have suddenly done this and really feel for those already caught up in these bogus “life” policies. Seems to us Generali are jumping ship to avoid the new regulations. With sudden revelations that maybe they should have checked all the details just a little bit more – and declined to take business from unregulated scammers.

    As Generali are busy making changes and sales, we can only hope that compensating the victims of the CWM scam is on their to-do list. As they have sold their entire shareholdings, you might think that an honest firm would want to make right the wrongs they have done.

     

    Not only did Generali allow these 25 victims to be put into wholly inappropriate funds and high-risk structured notes, but these investment instructions were also accepted from unregulated advisers. The scammers were paid high commissions by Generali and there is no sign of any remorse for the huge losses suffered by the victims.

    What we do know is that victims are now preparing their complaints against Generali and CWM. The DGS has found that there is no doubt that the regulations of sale surrounding these products were breached by Generali.

    Generali are not the only life office guilty of financial crimes: Old Mutual International and SEB were even worse – facilitating losses on a massive scale in the Continental Wealth Management case.  OMI bought £94,000,000 worth of ultra-high-risk structured notes for retail investors – resulting in huge losses.  Old Mutual was also heavily involved in more than £1,000,000,000 worth of losses in the Axiom, LM and Premier investment scams.

    Seems it is no accident that “Generali” is an anagram of “Liar Gene”.

     

     

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  • PENSION OMBUDSMAN COMPLAINTS AGAINST NEGLIGENT CEDING TRUSTEES

    PENSION OMBUDSMAN COMPLAINTS AGAINST NEGLIGENT CEDING TRUSTEES

    Pension Life is now submitting complaints to the Pensions Ombudsman against ceding pension trustees who handed over members’ pension funds to scams and scammers.  These negligent transfers have ruined thousands of lives and cost victims hundreds of millions of pounds’ worth of losses.  Some victims have already died and others are contemplating suicide.  Complaints against  negligent trustees will be published so their negligence will be clearly displayed in the public domain.

    LAZY, NEGLIGENT, BOX-TICKING CEDING PENSION TRUSTEES

    WHICH HAND OVER PENSION FUNDS TO THE SCAMMERS

    BACKGROUND AND LANDSCAPE:

    Pension scams have been around for many years.  Understanding how they operate and evolve over the years, as well as the ever-shifting risks to victims, should be at the core of any pension trustee’s professional knowledge.  Warning members who are potentially transferring into a scam should be any trustee’s first duty.  Remember: every pension scam starts with a negligent transfer from a box-ticking trustee.

    Trustees have been repeatedly warned of the fundamental obligation to watch out for scams for many years.  Yet it matters not how many times they are warned and informed.   They simply ignore the warnings, fail to carry out any CPD, and keep on negligently handing pension funds over to obvious scams and scammers.

    Here is a list of some of the official warnings, regulations and legislation over the past quarter of a century:

     

    1993 Pension Schemes Act

    2000 Trustees Act

    2002 OPRA (later tPR) warned about pension liberation

    2003 FSA started to take enforcement action against pension unlocking

    2004 Pension liberation is first identified within regulations

    2006 FSA continues taking enforcement action against pension unlocking

    2007Inducement Offers’ guidance published

    2009 Code of Practice No. 7

    2010 the Pension Regulator provided guidance to trustees

    2012 further tPR guidance

    2013 Scorpion

    2014 tPR guidance updated

    By 2010, the regulators were very fearful of a ‘box-ticking‘ culture by pension scheme administrators and warned trustees to be on their guard – advising them that:

    “Any administrator who simply ticks a box and allows a transfer post July 2010 is failing in their duty as a trustee and as such are liable to compensate the beneficiary.”

     

    In 2015, HMRC wrote to Pension Life: “members and pension providers at the time of transfers in January 2012 would have been aware of warnings/tax consequences prior to the transfer of pension funds to (a pension scam), as there were sufficient warnings and publicity available within the public domain from regulator websites, such as HMRC’s, the Pension Regulator’s and the Financial Conduct Authority’s – as well as a number of pension provider websites.’

     

    Pension scams have evolved since 2010 from straightforward liberation fraud, as in the case of the Ark schemes, to a mixture of liberation and investment fraud as in the case of the Capita Oak, Henley and Westminster scams (now under investigation by the Serious Fraud Office); to pure investment fraud, as in the later cases of London Quantum and the STM QROPS/Trafalgar Multi Asset Fund scam – also under investigation by the Serious Fraud Office.

     

    The use of offshore sponsoring employers for UK-based occupational schemes, and QROPS in a variety of jurisdictions ranging from Guernsey, Gibraltar and Malta to New Zealand and Hong Kong, has clearly demonstrated that the reach of this type of financial crime is global.  Consequently, it has for many years been clear that CPD by ceding providers is needed not just constantly but on an ever-widening geographical basis.

     

    Tragically, the Pensions Ombudsman’s incorrect assumption that trustees had never been warned prior to the launch of tPR’s Scorpion campaign in 2013 has let many lazy, negligent, box-ticking trustees “off the hook”.  Had decisive action been taken against these firms years earlier, many of the subsequent tragedies could have been avoided.

     

    It is important to examine some concrete examples of the despicable behaviour of ceding pension trustees which has been fuelled by the Pensions Ombudsman’s refusal to acknowledge the clear warnings given a quarter of a century prior to 2013.

     

    The below trustees transferred hundreds of members with millions of pounds’ worth of pensions into scams from Ark in 2010/11 and to investment scams in a Hong Kong QROPS in 2015:

     

    Aegon

    Armed Forces

    Aviva

    Clerical Medical

    Equiniti

    Friends Life

    HSBC

    Legal and General

    Mercer

    NHS

    Phoenix Life

    Prudential

    Royal London

    Royal Mail

    Scottish Life

    Scottish Widows

    Standard Life

     

    In the Capita Oak and Westminster scams – during 2012 and 2013 (both pre and post Scorpion) – the worst-performing ceding trustees were:

    Capita Oak

    Prudential

    Scottish Widows

    Standard Life

    Aviva

    NHS

    Legal and General

     

    Westminster

    Scottish Life

    Phoenix Life

    Aegon

    Royal Mail

    National Grid

     

    Overall, the worst performing personal pension trustee is Standard Life, and the worst performing occupational pension trustee is Royal Mail.

     

    Perhaps the two worst examples of box-ticking negligence were Friends Life who transferred a victim into a Danish OPS called Danica which wasn’t even on the HMRC QROPS list at the time of the transfer and sent the funds to a fraudulently-set-up bank account in the Isle of Man; and Nationwide which made a transfer to the Salmon Enterprises occupational scheme even after knowing that the trustees had been arrested for fraud (and were later jailed).

     

    CURRENT SCAM TRENDS IN 2019

     

    It was evident from Stephen Ward’s London Quantum scam placed in the hands of Dalriada Trustees by the Pensions Regulator in 2015 that the trend had moved away from liberation and towards the much more lucrative and trouble-free scam of investment commissions.  London Quantum invested victims’ pension funds in a variety of toxic, high-risk, illiquid, unregulated funds and loan notes paying very high commissions.  This trend has continued with an assortment of funds, loans, structured notes and insurance bonds – all purely used for the commissions payable to the adviser/broker/introducer, and totally outside the investors’ risk parameters.  The so-called advisers are mostly unregulated, unqualified opportunists posing as independent financial advisers or “wealth managers”.  If these parties do have any form of regulation it is only for selling insurance rather than providing investment advice.

     

    The current trend is very much geared towards getting pension savers away from the UK and into QROPS beyond the reach of the FCA or the Pensions Regulator, where the scammers have complete freedom to invest the funds into whatever is paying the highest commissions.  It is not unusual to see 20% to 25% – plus 8% on insurance bonds used as bogus “platforms”.

     

    OUTLINE COMPLAINT:

    1. This complaint is against the ceding trustee for transferring the pension fund to a new pension scheme without having conducted adequate checks in relation to the receiving scheme. The ceding trustee failed to provide sufficient warning as required by the Pensions Regulator.  As a result of the trustee’s omissions, the entire pension fund may have been lost or misappropriated.
    2. The ceding trustee failed to conduct adequate checks and enquiries in relation to the new pension scheme; and either did not send a copy of the Pensions Regulator’s transfer fraud warning leaflet to the member, or may only have sent a copy to the scammer instead. If a copy was sent to the victim, there was no accompanying explanation that amplified the details of the warning signs beyond liberation.  The ceding trustee also failed to engage directly with the victim regarding the concerns it should have had with the transfer request, had it properly assessed it.
    3. The ceding trustee’s various failures constitute – both individually and collectively – maladministration. But for this maladministration, the victim would not have proceeded with the transfer and suffered a loss.
    4. To put matters right, the ceding trustee is asked to reinstate the victim’s accrued benefits in the ceding scheme, or to provide equivalent benefits – adjusting for any revaluation that has arisen since the transfer. To avoid “double counting”, the ceding trustee will be entitled to recover from the victim the amount of his pension fund that the trustees of the new pension scheme are able to retrieve for him, if any.
    5. The ceding trustee is also asked to pay the victim an appropriate sum to reflect the materially significant distress and inconvenience suffered as a result of appropriate checks not having been made by it, and the recommended warning information not having been given directly to the victim.

     

    MATERIAL FACTS

    1. The victim was a member of the ceding scheme.
    2. The victim was persuaded to make changes to his pension arrangements.
    3. In February 2013, the Pensions Regulator issued an action pack for pension professionals headed “Pension liberation fraud – The predators stalking pension transfers”. On page 12 this said that:

    “Government enforcement agencies and advisory services have worked in conjunction to produce a short leaflet that you can use to help pension scheme members understand the risks and warning signs of pension liberation fraud.  The member leaflet is available at www.pensionsadvisoryservice.org.uk and you may want to include a copy with any member correspondence that you issue.”

     

    1. Like the action pack, the leaflet that it mentioned (the scorpion warning) depicted distinctive scorpion imagery to illustrate the threat to people’s pensions.
    2. Under the heading, “Looking out for pension liberation fraud”, page 8 of the action pack said: “Here are some of the things to look out for:
    • Receiving scheme not registered, or only newly registered, with HM Revenue & Customs
    • Member is attempting to access their pension before age 55
    • Member has pressured trustees/administrators to carry out transfer quickly
    • Member was approached unsolicited
    • Member informed that there is a legal loophole
    • Receiving scheme was previously unknown to you, but now involved in more than one transfer request

    If any of these statements apply, then you can use the checklist on the next page to find out more about the receiving scheme and how the member came to make the request.”

     

    LEGAL LANDSCAPE

    Quite apart from the February 2013 Scorpion warning, however, there were pre-existing laws and duties with which the trustee failed to comply.

     

    The Trustees had a duty to comply with their common law and statutory duties of care to the beneficiaries of the scheme.  The Trustees Act 2000 provides at section (1):

     

    • Whenever the duty under this subsection applies to a trustee, he must exercise such care and skill as is reasonable in the circumstances, having regard in particular –
      1. To any special knowledge or experience that he has or holds himself out as having, and
      2. If he acts as trustee in the course of a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession.

    (2)          provides that the duty applies to those provisions set out in schedule 1 of the Act including ‘The duty of care applies to a trustee when exercising the general power of investment or any other power of investment, however conferred’.

     

    Section (2) provides for the duty to arise when actioning transfer requests as this involves an exercise of the Trustees’ power over the beneficiaries’ investment.

     

    Actioning a transfer request must, therefore, be conducted by the Trustees with such care and skill which the professional trustees should reasonably be expected to have.

     

    It appears this victim submitted an application for a transfer and received a confirmation from the ceding trustee which was compliant with S.95(2)(b) Pension Schemes Act 1993 (PSA93).

     

    S.99 of the PSA93 provides for some duties to the Trustees after the customer has exercised this option.

     

    S.99(1)(b) states that: “…the trustees or managers of the scheme have done what is needed to carry out what the member requires… the trustees or managers shall be discharged from any obligation to provide benefits…

     

    The question to be considered is whether: ‘the Trustees did what was needed to carry out what the member required?’ One of the Trustees’ requirements was to make a decision as to whether they were able to make the transfer and to act with skill and care in making that decision.

     

    PSA93 provides the victim with the ability to request a transfer. But no transfer is allowable if it is not an authorised transfer or is for the purposes of liberation.  Any competent trustee would know that HMRC registration does not offer reassurance of compliance, approval or certification. It is simply a vehicle to register for tax purposes and not regulatory or common law compliance.

     

    The above legal landscape creates an onerous duty on pension trustees and administrators to ensure that the beneficiaries of the pension scheme are not subject to charges, unauthorised payments, unauthorised transfers and other provisions as outlined above. This duty applies to both the transferring pension scheme and the pension scheme to which funds are being transferred.

     

     

    REGULATIONS, REGULATORY WARNINGS AND POS DETERMINATIONS  –  PRE AND POST SCORPION             

     

    The Pensions Regulator produces guidance and codes of Practice to define the level of knowledge and care a trustee should have. This is not prescriptive, but provides indicative markers as to whether a duty has been breached or not.

    The relevant guidance referred to is Code of Practice No. 7 “Trustee Knowledge and Understanding” (TKU). This code provides at paragraph 14 and 15:

     

    “Para 14 “ …. Individual trustees must have appropriate knowledge and understanding of the law relating to pensions and trusts……”

     

    Para 15 “ The degree of knowledge and understanding required  is that appropriate for the purposes of enabling the individual properly to exercise the function in question.”

     

    Para 19 “ A trustee must ensure that any individual who exercises a function in relation to the scheme as a director of a trustee company, or in any other capacity, has the appropriate level of knowledge and understanding of the same matters as if the person were an individual member of a trustee board.”

     

    Para 23 “ the scope of knowledge and understanding that is required under the legislation is set out as a list of items in the scope guidance.”

     

    The Scope guidance, in force at the time, was published in 2009 and the relevant scope includes:-

     

    “1c Professional advice and decision-making including the need to obtain professional advice in reaching decisions in Risk management, decision making and delegation

     

    2a Occupational pensions legislation

     

    2c. Money laundering employment legislation, compensation arrangements

     

    5b the importance of the member understanding  investment risk (which  includes transferring out of the fund)”

     

    Code of Practice No 7 also provides at paragraph 47 that:

     

    “…Trustees must have the appropriate knowledge and understanding. ‘Appropriateness’ includes the notion that trustees should keep their knowledge and understanding up to date so that it remains relevant.”

     

    Paragraph 52 provides that External changes, which may prompt trustees to look again at their knowledge base, could include changes in relevant investment markets or in the law. Further topics may be suggested by the Pension Regulator website.

     

    At the time of the transfer, there was sufficient information in the public realm of which a pension scheme properly discharging its duty would have been aware. In failing to take into account that information, the ceding trustee has caused a loss to the victim.

     

    The Pension Ombudsman, in the decision PO-1837, carefully outlines at pages 7, 8, 9 and 10 a regulatory warning posted in February 2012. The Pension Regulator noted that it had published details of investigation in two cases which had resulted in the appointment of an independent trustee and included advice to pension scheme members about pension liberations schemes; including comments from HM Revenue and Customs and the FSA (FCA). At the same time the Pension Regulator published a fact sheet “Pension Liberation Fraud” giving information for scheme members and the FSA published its own material directed to consumers.

     

    A year later in February 2013 the Pensions Regulator published “Pension Liberation Fraud. An Action Pack for Pension Professionals” in conjunction with a number of bodies including HMRC and the FSA, directed to trustees, administrators and providers. The Pensions Regulator’s guidance was updated in July 2014 but was substantially the same as that provided in February 2013.

     

    It is clear in the case of PO-1837 what level of care is required. In that case Zurich took steps to ensure that they were able to perform the transfer that Mrs Kenyon wished to take place. Zurich had to hand a press release from the Pensions Regulator and provided that to Mrs Kenyon on 28 November 2012. Zurich refused to make the transfer as they could not be sure that the transfer request was a recognised transfer under Section 169 of FA04, but would continue to investigate.

     

    In this case, the reality is that the victim did not have a statutory right to make the transfer requested, and was unaware of that as he or she had been misled by the advisers who were not regulated for pension transfer services, pensions in general or investments.

     

    In the case of PO-1837, the Pension Ombudsman determined that the only directly relevant regulatory and general legal obligation would have been for Zurich to act with integrity, honestly and fairly in the best interest of Mrs Kenyon and consistently with the duty and care they owed to her. The Pension Ombudsman determined that Zurich should have made enquiries as to whether Mrs Kenyon had a right – but notwithstanding the fact that they did not comply with that duty they were right not to make the transfer. It is determined at paragraph 101 of that determination that if a transfer may be for pension liberation purposes (perhaps because the receiving scheme and/or those connected have a history) it may be good reason for delaying the transfer and asking relevant questions during the statutory period allowed for the transfer. Those enquiries may lead to the transfer being withdrawn.

     

    The case of PO-3809, involving Mrs Sharon Jerrard, the Ombudsman came to a very similar determination as the decision of PO-3105 for Mr Gregory Stobie.

     

    More recently of note is a case of Mr Andrew Johnston, PO-5869, in which at paragraph 22 it states that The Pension Regulator did not issue guidance to providers about pension liberation and the danger of pensions scams until February 2013. This is clearly incorrect as previous determinations pointed out and the facts are that the first regulatory warning was considered by the Pension Ombudsman in those cases to be in July 2010 (see below) and then again in February 2012 and not February 2013.

     

    It is not accepted in these submissions that it was only in February 2012 or February 2013 that a properly administered pension scheme should have been alerted to an act of pension liberation and the type of enquiry that was needed in order to delay a transfer.

     

    The legislation dates back to 1993. Pension liberation is first identified within regulations of 2004. Pension administrators therefore were alerted to their statutory obligations of enquiry as to:

     

    1. Whether a transfer is authorised; and
    2. Whether the intention to transfer is to liberate a pension.

     

    Considering the statutory framework at this time alone, regardless of any other information in the public realm, the trustee failed to make any enquires or determination and simply rubber stamped the transfer request.

     

    On Tuesday 13 July 2010 the Pension Regulator provided guidance to trustees as follows:

     

    “A strengthened position on transfer incentives has been outlined in guidance published for consultation today by the Pensions Regulator.

    It clarifies the role of the employer and trustee and aims to ensure that trustees become actively involved in managing the risks of such exercises. The guidance is accompanied by a new e-learning module and a joint statement with the FSA, all available on the regulator’s website.

    The regulator’s position is in accordance with that of the FSA and the guidance replaces the ‘Inducement Offers’ guidance published in 2007. It highlights that trustees should start from the presumption that such exercises and transfers are not in members’ interests and should therefore approach any exercise cautiously and actively.

    Trustees play an important role in ensuring that scheme members are in the best possible position to make the right decision in relation to their benefits. In order for transfer exercises to be conducted in an open, fair and transparent way, the regulator expects:

    • members to be provided with clear information that is not misleading;
    • members to be provided with impartial and independent advice to ensure they make the right decisions;
    • trustees to engage in the offer process and apply a high level of scrutiny to all incentive exercises to ensure members’ interests are protected;
    • employers to ensure that any offers made are consistent with the principles in the guidance; and
    • no pressure of any sort to be placed on members to make a decision to accept the offer.”

    The regulator’s chair David Norgrove said:

    “As our guidance emphasises, any transfer exercise should be conducted with the highest regard to members’ interests. Trustees should start from the presumption that such exercises are not in members’ interests and should be approached with caution.

    Since we published our initial guidance in 2007, we have seen behaviour that concerns us. There has been a box-ticking approach that has led to exercises being run without due consideration to scheme members.

    As a result we will be looking closely at exercises and working with other regulatory bodies to ensure that standards are improved. We expect trustees to play an active role in ensuring that members are able to make informed decisions.”

    Mr Norgrove added:

    “The Pensions Ombudsman will take this guidance into account to determine whether any complaint is upheld. He can then direct trustees or employers to compensate members accordingly.”

    The above clearly demonstrates a fear by the regulators of a ‘box-ticking‘ culture by pension scheme administrators and warns trustees to be on their guard.

     

    Any administrator who simply ticks a box and allows a transfer post July 2010 is failing in their duty as a trustee and as such are liable to compensate the beneficiary.

     

    Other information within the public realm preceding February 2013 –  the date of the launch of the Pension Regulator’s Scorpion Campaign warning pension trustees and the public against the dangers of pension fraud:

     

    It is our submission that there was sufficient information in the public domain upon which a pension scheme administrator or trustee properly discharging their duty should have been aware of. We list those below.

     

    1. On 25th February 2010 an article was published in Professional Adviser magazine and also found at www.professionaladviser.com. This describes a case of Mr Kent who made a transfer of £55,354 from two approved pension schemes to the Home Limited Pension Plan. HMRC alleged that the payment to Mr Kent was an unauthorised scheme payment as the law stood in 2001 to 2002 and the payment was treated as income. In order for the Home Plan to be a proper occupation scheme it was accepted that Mr Kent would need to be an employee of Home Limited and the transfer was therefore unauthorised. The case law considered in this case went back to Ready Mixed Concrete (South East) Limited v Minister of Pensions and National Insurance [1968] 2 QB 497 to determine the definition of employment.

     

    1. This was by no means a unique case. HMRC were routinely seeking tax payments from people who had made pension transfers. An administrator of a pension scheme would properly be abreast of the issue of unauthorised transfers from occupation schemes to occupation scheme. An obvious enquiry would be to request evidence of the transferee that they are employed by the company operating the occupation pension scheme.

     

    1. The predecessor of The Pension Regulator, The Occupation Pension Regulatory Authority (OPRA) warned about the practices of pension liberation as long ago as 2002. Between 2003 and 2006 the FSA took enforcement action against a number of IFAs in relation to unsuitable pension unlocking advice. July 2010 a guidance news release from the Pension Regulator to trustees with regards to how requests to transfers should be considered.

     

    1. On 11 December 2007 an article was published on www.sackers.com. This describes the case of Mr Dunne who appealed against an amendment on his self-assessment tax return which resulted in an increase to his tax liability following a transfer of his benefits from one pension scheme to another.

     

    1. The Pensions Regulator’s “Alert in the economic downturn” (April 2009 Statement) warned of dishonesty and fraud being a real risk, including targeting members to access their pension assets through trust busting or other pension liberation activities.

     

    1. HMRC wrote to Pension Life on the 2 June 2015 in respect of tax appeals. They stated “members and pension providers at the time of transfers in January 2012 would have been aware of warnings/tax consequences prior to the transfer of pension funds to (a pension scam), as there were sufficient warnings and publicity available within the public domain from regulator websites, such as HMRC’s, the Pension Regulator’s and the Financial Conduct Authority’s – as well as a number of pension provider websites.’

     

    The current position as set out in the case of Mr Johnston PO-5869, is clearly unsustainable. The duties of a trustee are onerous. They have a high level duty of care to the beneficiaries of their scheme. In this case, the ceding trustee/administrator failed in discharging that duty and is liable for the loss sustained.

     

    If the Trustees had kept properly abreast of the issues and met the standard of care and knowledge expected by the Regulator of a Trustee, they should have as a minimum made a simple enquiry of the victim. A simple enquiry by the Trustees to the victim in any form would have elicited a reasonable suspicion but no such enquiry was made.

     

    It is not acceptable for an administrator, properly following the functions of a scheme, to simply rubber stamp a transfer allowing it to take place.  At the forefront of any administrator’s mind should be whether a transfer is authorised or not authorised. Having breached their duty, the trustees have caused a substantial loss to the victim. That loss is the transfer value minus any available assets that the new trustees are able to recover.

     

    Redress for the loss should also cover tax penalties associated with the transfer as the scheme administrators should know this and the victim would not. Such loss is commensurate with legal principles that the loss was foreseeable and caused by the failure in duty of the Trustees to discharge its obligations in a proper manner.   Further evidence can be provided of the loss suffered to the victim through the distress caused by potentially losing the whole pension.  We therefore ask that you uphold this complaint and put matters right as laid out in points 4 and 5 on page one.

     

  • 20% Black Hole in Blackmore Global

    20% Black Hole in Blackmore Global

    Much like a black hole in Space, the Blackmore Global Fund and Blackmore Bond will swallow up victims’ savings – and never spit them out again.

    20% Black Hole in Blackmore Global

    It is no secret that we have little confidence in the Blackmore Global Group run by Phillip Nunn and Patrick McCreesh – two of the scammers who promoted Capita Oak and earned nearly £1 million from providing “leads” for the cold callers.  Capita Oak is now under investigation by the Serious Fraud Office, and Nunn McCreesh’s nefarious activities were investigated and reported on by the Insolvency Service.

    To confirm our suspicions that Nunn and McCreesh’s Blackmore Global Fund and Bond are not just high-risk and illiquid crap (and – of course – totally unsuitable for pensions or anyone with less money than sense), they have announced that 20% of your money could go towards paying for the “costs of the investment”.  To put that into plain English, any of the unregulated scammers who promote and distribute the Blackmore investments are earning 20% in commission.

    This new-found “transparency” by Blackmore is neither a courtesy to their customers, nor evidence of voluntary honesty.  Rather, it is a reaction to the FCA´s new rules for being “clear, fair and not misleading” .

    Bond review reported on this and noted that prior to this forced change, Blackmore Global´s website could be read as:

    “Capital Protection” and “Income Certainty”. Immediately below these phrases, in letters half the size, were the words:

    “Capital at risk | Please read our risk section. Illiquid and non-transferable. Not FSCS

    This change is in connection with Nunn and McCreesh’s Blackmore Global Bond.  Their Blackmore Global Fund has already featured heavily in the press with criticisms about its costs and unsuitability for pensions. BBC 4 You and Yours did a feature on the fund back in January 2018, finding that an unregulated adviser – David Vilka of Square Mile International Financial Services – invested many of his QROPS clients into this unsuitable fund – which undoubtedly will have paid him fat commissions.

    THE BLACKMORE GLOBAL FUND IS A UCIS (UNREGULATED, COLLECTIVE, INVESTMENT SCHEME) WHICH IS ILLEGAL TO PROMOTE TO UK RESIDENTS. Yet, David Vilka – who had no investment license – promoted it and Nunn and  McCreesh accepted the many investments into it from him.

    What is similar in both the Blackmore Global Fund and Bond, is the lack of transparency from the start. With the fund, there was also a ten-year lock-in, which was in the small print and not mentioned to the pension investors at the time of signing over their pensions to the scammers. Some of the members were nearly 60, meaning that they were unable to access their money when they retired.

    The Bond, up until now, has had no transparency on its charges – and the risk factors were most definitely hidden.

    The confirmation of a 20% commission charge (to the scammers who promote and distribute this risky, expensive, opaque investment) comes as a welcome dribble of transparency.  However, it is still unclear as to how – after this huge payment – Blackmore investors will ever be able to recoup the initial costs and then start to make some headway on their investment.

    Bond Review explains this well:

    “In slightly simplified terms, if Blackmore raises £10,000 from an investor in its 3 year bonds paying 7.9% per year, and pays out 20% in commission, it now needs to turn £8,000 into £12,370 to repay the investor in full, representing a 55% return over 3 years – or 15.6% per year.

    For its 5 year bonds paying 9.9%, the return required to turn £8,000 into £14,950 is 87% over 5 years, or 13.3% a year.

    Any investment targeting a return of 15.6% or 13.3% a year will inevitably be extremely high risk – and while Blackmore can diversify over many such projects, some of its projects will fail, which will lower the overall return.”

    This is not an investment to enter into lightly (or at all).  Blackmore Global showed net liabilities of £7 million on assets of £18 million in its last accounts – December 2017. Finances and accounts can dramatically shift in the short space of one year: a well-run, professional and ethical company could turn things around.  But with Blackmore Global failing for three years to even produce audited accounts on their fund, and lying about who their Investment Manager is, this hardly inspires any confidence at all.

    Another worrying thing about Blackmore Global is that they use Surge Financial to promote their toxic wares – and has paid this firm £5.1 million in one year for “marketing services”.  Surge Financial is run by Paul Careless, and was promoting the failed London Capital & Finance fund, which paid out an eye-watering 25% to the scammers who promoted and distributed their toxic wares.  Having conned thousands of victims into investing £236,000,000 into London Capital and Finance, the whole lot is now probably lost as the company has gone into liquidation.  But Surge Financial pocketed £60,000,000 in marketing this toxic fund – and is still promoting Blackmore Global.  The FCA declared that the marketing blurb was misleading, unfair and unclear – and it is obvious that the lies told in the glossy brochures duped thousands of people into losing their life savings.

    So, with Blackmore Global also using Surge Financial to source victims, and succeeding at the rate of £1.5m a month, it is a serious worry that there will be thousands more victims when the Blackmore Global shit hits the fan.

    Bond Review is quoted as saying:

    “That Blackmore Bond paid out up to 20% in commission is already known from Blackmore’s December 2017 accounts, which disclosed that £25.4m had been raised in the period (July 2016 to December 2017) and that £5.1m had been paid to Surge Financial for “sourcing investors loans and front and back office operations”  (almost exactly 20%).

    Could Blackmore Global go the same way as London Capital Finance?  We already know that the Blackmore Global fund has been used to scam hundreds of UK-resident victims out of their pensions using QROPS.  We also know that few of these victims have had their money back – and that there is zero disclosure as to where the money has gone.

    Just remember: there are perfectly-good, regulated funds out there – with extremely low charges, zero commissions to scammers, and excellent performance history (openly reported in the public domain).  People don’t need to put their hard-earned savings in black holes such as Blackmore which don’t even disclose what the underlying assets are.

  • Ten Essential Standards For Pension Advice

    Ten Essential Standards For Pension Advice

    Ten Essential Standards For Pension Advice:

    The ongoing war against pension scammers continues with no sign that the end is near.  The authorities stand idly by – facilitating mis-selling and outright fraud.

    HMRC happily registers pension scam after scam after scam (followed by tax demands).   Prosecutions are few and far between.

    The only conclusive way to stop scammers is to ensure there are no victims for them to scam. AND the only way to do this is to educate consumers and drum the TEN STANDARDS into them.

    PENSION SCAMMERS MUST BE STOPPED!

    Ten Essential Standards For Pension Advice:

    Do you know what a pension scammer looks like? The unfortunate answer is, he looks like any other Tom, Dick or Harry (or James, Stephen or Darren) walking down the street. Not only is he good at disguises, he also has the gift of the gab and he will have you convinced that the pension transfer he is offering you will pave the rest of your life with gold. In reality though, the gold will be short lived (or non-existent), and some or all of your fund will probably go poof! (along with the adviser).

    Pension Life Blog - Ten essential standards for every adviser and their firmMuch as a master illusionist takes your breath away with his magic, a master scammer takes your money away with his silver tongue. You will be left wondering just how this smart-looking, sleek-talking ‘adviser’ managed to leave your pension – and probably your life – in tatters. 

    We have compiled a list of ten standards that EVERY firm offering pension advice should adhere to.  Every qualified adviser working for an advisory firm should also be able to meet all of these standards. On Facebook recently, one reader stated: “Why would anyone respond to an unsolicited offer to manage their money from a complete stranger?” The answer is, “I don’t know, but they do!“.  So, get to know a financial adviser long before you let them anywhere near your finances.  

    In the case of Capita Oak, for example, we saw many targeted victims who were struggling financially.  So, the offer of a lump sum release and the opportunity of an investment that promised “guaranteed returns” was music to their ears.

    Pension Life Blog - Ten essential standards for every adviser and their firm

    Many of the victims didn’t stop to think; didn’t pause to ask the right questions; or do any research to make sure the pension offer came from a viable, credible, regulated firm. The victims just said “yes” as they thought the transfer would make life easier.

    For example, with the awful benefit of hindsight – six years on – the Capita Oak victims are grappling with tax demands from HMRC and the possibility that the investment they are trapped in will go into liquidation.  These people all wish they had stopped and thought before going ahead.

    Sadly, the Capita Oak members who were defrauded by a bunch of scammers, (many of which are under investigation by the Serious Fraud Office) such as XXXX, Stuart Chapman-Clarke and Stephen Ward, are not alone.  Thousands of other victims of both UK-based and offshore scams and mis-selling are facing similar regrets: these include victims of scams such as Evergreen New Zealand QROPS; Fast Pensions, Trafalgar Multi Asset Fund/STM Fidecs; Blackmore Global Fund; and Continental Wealth Management.

    Mastermind serial scammer Stephen Ward has orchestrated a whole array of different scams over the last nine years.  One of the biggest ones was Continental Wealth Management – a 1,000-victim scam. Ward was once a fully qualified and registered adviser and a pension trustee. He has destroyed dozens of pensions funds and thousands of victims’ lives. Yet he has never been prosecuted or forced to pay back even one penny of his victims’ losses.  Only at the end of 2018 was he finally banned from being a pension trustee. 

    Most of the known scams used cold-calling techniques to reel in their victims. Whilst we saw a cold-calling ban on pension sales in 2019, we have already had reports that sneaky firms have changed their scripts to avoid fines. AND we are now seeing scammers focus their targets back onto expats. Which makes us worry there will be more QROPS disasters in the pipeline from now on.

    Just a few minutes of research – as well as knowing the right questions to ask and understanding what standards an adviser and firm should adhere to – could have prevented past victims from losing so much of their precious pension pots.  We can’t change what happened in the past – other than to take action against the scammers and negligent advisers – but we can help consumers understand what they should be looking for in an adviser:

    STANDARDS ACCREDITATION CHECKLIST FOR FINANCIAL ADVISERS:

    1. Proof of regulation for all services provided by the firm and individual advisers in the jurisdiction where advice is given
    2. Evidence of appropriate qualifications and CPD for all advisers
    3. Professional Indemnity Insurance
    4. Details of how fact finds are carried out, and how clients’ risk profiles are determined and adhered to
    5. Details of the firm’s compliance procedures – assuring clients of the highest possible standards
    6. Clear and consistent explanation and justification of the use of insurance bonds for pensions and investments
    7. Clear policy on structured notes, UCIS and in-house funds, non-standard assets and commission-paying investments
    8. Full disclosure of all fees, charges and commissions on all products and services at time of sale, in writing
    9. Account of how clients are updated on fund/portfolio performance
    10. Evidence of customer complaints made, rejected or upheld and redress paid

    If the firm you are thinking about using for your pension transfer do not adhere to all of these standards, find one that does. Your pension pot is your life savings – so don’t entrust it to any old unregulated firm or dishonest scammer.  Remember, thousands of victims have already failed to ask the above ten questions – and will regret it for the rest of their lives.

  • Hidden charges that destroy your pension funds

    Hidden charges that destroy your pension funds

    Pension Life blog - The hidden charges that put your investment in dangerWhen we buy certain products, they have a warning on them.  Cigarette packets, for instance, state that smoking is bad for your health. The wrappers show hideous images of what might happen to you if you use tobacco.

    However, when it comes to investments, the ‘advisers’ selling dangerous investments are able to disguise the risks and costs. Offshore, there seems to be no effective code of conduct, or regulation as to what they must disclose and what they can conceal.

    Last week the FCA slammed asset managers and retail investment firms over hidden fund charges.

    When selling their investments, these firms are really good at omitting details of the full charges that will apply – not only initially – but on an ongoing annual basis as well. These hidden charges put your investment in danger.

    The FCA has stated:

    “In one case it found an asset manager had omitted a 4 per cent a year transaction cost from the UCITS Key Investor Information Document (KIID).”

    In so many pension scams, we hear that the victims were sold a ‘free pension review’; they were not told about the transfer costs; that they were not told about annual fees either.  In many cases, the transfer costs and fees work out to be considerably higher than if they had paid a proper fee for the review in the first place. These hidden costs put a huge strain on the fund and sometimes victims can lose up to 25% of their fund to hidden charges.

    Pension Life blog - The hidden charges that put your investment in dangerWhat worries us most is the lack of regulatory concern or control in respect of expensive and risky investment products. You can’t buy cigarettes without a stern health warning. The same goes for alcohol: bottles and cans clearly state how many units are in the container, and how many units men and women can safely drink per day.  They also state that alcohol should not be consumed by pregnant women.

    Alcohol companies manage to fit all this info about the dangers of drinking on a tiny label. And this poses the essential question as to why financial advisory firms are able to sell risky investments again and again – omitting clear warnings about the dangerous aspects of them.

    Also highlighted in an article by Corporate Adviser:

    “The FCA reserved its fiercest criticism for asset managers, saying it found instances where asset manager fact sheets or websites did not mention costs. When they did, they often gave the ongoing charge figure, which omitted transaction costs, performance fees and borrowing charges which are shown in the Key Information Document (KID). In one example, total charges in the PRIIPs KID equated to around 3 per cent per annum – but the only costs given in the fact sheet was the 1.2 per cent annual management charge (AMC).”

    This is not news to us at Pension Life.  It is something we have been writing about for sometime – and we have a great deal of evidence that hidden, excessive charges are a terrible blight on the face of financial services internationally.  It is indeed excellent news that the FCA has finally highlighted the dangers of such hidden charges, but now we need to make sure these dangers are highlighted to the public. CLEARLY AND VISIBLY.

    A prime example of advisers and hidden charges is the dastardly duoPhillip Nunn and Patrick McCreesh.  This pair of scammers received £ millions promoting the Capita Oak, Thurlstone Loans, Henley Retirement Benefits Scheme and Berkeley Burke SIPPS scams – leaving 1,200 victims facing poverty in retirement.  With that disaster comfortably behind them, they then launched the £40 million Blackmore Global scam and now their network of scammers are promoting the Blackmore Bond which pays a 20% introduction commission to the introducers.

    Pension Life blog - The hidden charges that put your investment in dangerYou can’t buy a gun without going to a registered shop and having a licence.  (Although, I guess on the black market you can). If you buy a gun on the black market, it is going to be ‘hot’. The person you buy it from is going to be dodgy and it certainly won’t come with the correct paperwork.

    So if you are a normal, law-abiding citizen (and cautious investor), you would want a legitimate investment which fits your risk profile – and full paperwork disclosing ALL the charges. Make sure you pick the right adviser who will give you evidence of all these essential details.

    Dodgy advisers are still getting away with selling ‘hot’ investments: funds that are clearly toxic and dangerous to your pension fund.  These advisers manage to do this very successfully by wrapping them in a fluffy cover and selling them with an array of unrealistic promises of high returns and alleged capital protection to reel the victims in.

    When considering a pension transfer, we urge you to familiarise yourself with our ten standards.  Your adviser ought to adhere to these standards anyway – and if he doesn’t then walk away. Number eight covers what we have talked about in this blog: CHARGES.

    Your adviser MUST GIVE YOU: Full disclosure of fees, charges and commissions on all products and services in writing, before you commit. So before you sign anything regarding a pension transfer and subsequent investment, please ensure you know exactly what charges will be applied to your fund: before, during AND after.  It is also imperative to know if there is a lock-in period and early exit penalty and to make sure you are comfortable with that.

    Excessive and concealed fees can ruin a once healthy and happy pension fund – just like smoking can ruin your lungs and drinking can ruin your liver.  Hidden charges can put your funds in danger and ruin your retirement savings beyond repair.

    Here is a list of our ten standards.

    STANDARDS ACCREDITATION CHECKLIST FOR FINANCIAL ADVISERS:

    1. Proof of regulation for all services provided by the firm and individual advisers in the jurisdiction(s) where advice is given and the clients are based.
    2. Verifiable evidence of appropriate, registered qualifications and CPD for all advisers. (Where there are insufficient qualifications, there must be clear evidence of plans and preparation to achieve required goals within a reasonable, stated time frame).
    3. Professional Indemnity Insurance
    4. Details of how fact finds are carried out, how clients’ risk profiles are determined and adhered to.
    5. Details of the firm’s compliance procedures – assuring clients of the highest possible standards and assurance that risk profiles are always accurately and faithfully respected.
    6. Clear and consistent explanation and justification of the use of insurance bonds for investments.
    7. Unambiguous policy on structured notes, UCIS funds, in-house funds, non-standard assets and any ongoing commission-paying investments. Report of all investment recommendations for all clients and evidence as to how these match individual risk profiles.
    8. Disclosure of fees, charges and commissions on all products and services at time of sale, in writing, before clients commit.
    9. Account of how clients are updated on fund/portfolio performance.
    10. Public evidence of complaints made, rejected or upheld and redress paid.

    For more in depth explanation check out our other blog on the ten standards:

    Cartoon blog – Don’t be the next pension scam victim

     

  • Time for all pension providers to wake up and stop pension scams

    Time for all pension providers to wake up and stop pension scams

    The recent PSIG (Pension Scams Industry Group) Scams Survey Pilot 2018 has identified seven “key” findings in their survey. As scam watchers, we are well aware of these points and are, of course, glad they have been highlighted.

    PSIG’s key finding are set out below.  So let us admit one key fact:

    ALL PENSION SCAMS START WITH A TRANSFER BY A CEDING PENSION PROVIDER.

    It is interesting that PSIG chose three particular providers to give their answers to the questionnaire sent out:  XPS Pensions Group, Phoenix Life Assurance Company and Standard Life Assurance Company.  I have no doubt they chose these three providers because of their extensive first-hand expertise at facilitating financial crime.  In the Capita Oak and Westminster scams – distributed and administered by serial scammers XXXX and Stephen Ward – and now under investigation by the Serious Fraud Office – Phoenix Life and Standard Life handed over dozens of pensions to the scammers.  In Phoenix Life’s case, the total came to nearly half a million pounds’ worth, and in Standard Life’s case it was well over one million.

    While there is, of course, substantial hard evidence that both the Pensions Regulator (formerly OPRA) and HMRC had been giving the industry plenty of warnings about scams long before the Scorpion Campaign was published on Valentine’s Day in 2013, it is also true that providers such as Phoenix Life, Standard Life – and other favourite financial crime facilitators such as Aegon, Friends Life, Legal & General, Prudential, Royal London, Scottish Life and Scottish Widows – carried on handing over millions to the scammers well into 2014, 2015 and beyond.  And, in fact, they are still at it today.

    The “Key Findings” do throw up some interesting facts:

    “Information on scams is not readily available at an organisational level”.

    Seriously?  Don’t these organisations know how to do research?  Do they really not know what to look for?  They’ve had enough experience over the years – and have had enough examples of spending vast amounts of time trying to cook up reasons to deny complaints against their incompetence for handing over pensions to scammers – to write a whole encyclopedia about scams.

    Organisations (such as Phoenix Life and Standard Life) could try talking to TPAS, or tPR, or the FCA, or the SFO, or Dalriada Trustees, or regulators in Malta, the IoM, Gibraltar, Dubai or Hong Kong.  Or some of the thousands of victims – who have lost their pensions due to the incompetence and callousness of the ceding providers – who would readily fill in the blanks.  There really is no shortage of readily-available, free information.  They just need to take the time and trouble to ask for it.  It really isn’t difficult.  They just have to put their box-ticking pencils down for a few minutes.

    “The Scams Code is seen as a good basis for due diligence”

    I agree – it is really great.  But it is also 78 pages long.  Few people have to the time to read, understand or remember such long documents (with too many long words and not enough pictures).  What would be helpful would be to get a few of the worst offenders: Aegon, Aviva, Friends Life, Legal & General, Phoenix, Prudential, Royal London, Scottish Life, Scottish Widows, Standard Life and Zurich, in a room at the same time – and bang their heads together.  And threaten them that if they don’t get their acts together and stop handing over pensions to the scammers, they will be made to read and memorise the 78-page Scams Code and recite it every morning before coffee break.  Twice.  Then snap all their box-ticking pencils in half, and JOB DONE!  It really isn’t rocket science – there are usually some hints which are as subtle as a brick, such as: the sponsoring employer doesn’t exist; or the member lives in Scunthorpe and is transferring to a scheme whose sponsoring employer is based in Cyprus.  Or Hong Kong.  Now, I know there was a bit of a hiccup with the Royal London v Hughes case when Justice Morgan overturned the Ombudsman’s determination.  But dear old Hughes had probably had a few Babychams too many – and it had slipped his mind that the law is supposed to be about justice and common sense.  And that just because a particular piece of legislation has been written by an ass, it doesn’t have to be interpreted with stupidity.

    “Significant time and effort goes into protecting members from scams”

    This, of course, may be true.  I only get to see the cases where the negligent ceding providers do hand over the pensions to the scammers.  I rarely get to see the ones that have a narrow escape.  But what worries me is that I am in the process of making complaints to the ceding providers who have handed over pensions to the scammers, and not a single one of them thinks they have done anything wrong.  So, if they do spend “significant time and effort” doing the protecting bit, how come so many of them still fail so badly?  And then try to deny they failed.  These providers spend very significant amounts of time and effort writing long, boring letters about how they did nothing wrong – letters which must have taken them at least an hour to write.  And yet they won’t spent two minutes checking – and stopping – transfers to obvious scams.

    “The more detailed the due diligence, the more suspicious traits are identified”

    I am a bit suspicious that this indicates a touch of porky pies here.  I’ve never seen any evidence of ANY due diligence by the ceding providers.  A bloke at Aviva once told me that they spent thousands on research and due diligence – but I see no evidence of it.  The problem is, the ceding providers don’t know what they don’t know.  And, to coin one of my favourite phrases: “they don’t know the questions to ask, and even if they did then they wouldn’t understand the answers”.

    Interestingly, if – instead of repeatedly spending hours denying they did anything wrong when they handed over millions of pounds’ worth of pensions to the scammers – they spent some time talking to me and the victims trying to learn what went wrong and what due diligence should have gone into preventing a dodgy transfer, they might learn how to stop failing so badly.

    SIPPS (including international SIPPS) are the vehicle of choice by scammers

    Agreed.  But the scammers still love the good old QROPS.  But whether it is a SIPPS or a QROPS – both of which are just “wrappers” at the end of the day, it is about what goes inside the wrappers.  Where the scammers make their money is in the kickbacks: 8% on the pointless, expensive insurance bond from OMI, SEB, Generali, RL360, Friends Provident etc., and then more fat commissions on the expensive funds or structured notes.

    “Quality of adviser tops the list of practitioner concerns, with member awareness a close second”

    And hereby lies one of the main problems: ceding providers don’t know who the good guys are and who the bad guys are.  And that is because they don’t ask.  And they don’t learn from their mistakes when they get it wrong.  And they don’t care when they hand the pensions over to the bad guys and their former member is now financially ruined and contemplating suicide.  Instead of trying to use their appalling mistakes to improve their performance and understand what “quality” actually means, and how to tell the difference between good and bad quality, they only care about avoiding responsibility for their own failings.

    The problem about “member awareness” is that most people assume their ceding provider will do some sort of due diligence.  They think that words like “Phoenix Life”, “Prudential” and “Standard Life” convey some sort of professionalism or duty of care.  Most members are simply unaware of the appalling track record of these providers – and the extraordinary and exhaustive lengths to which they will go to avoid being brought to justice for their negligence and laziness.

    “Sharing of intelligence would help avoid duplication of effort”

    Oh, how heartily I agree!  I remember a year or so ago, I shared some intelligence and a few beers with a nice chap from Scottish Widows.  We met at one of Andy Agathangelou’s symposiums in London – the subject of which was pension scams.  The Pensions Regulator was there, Dalriada Trustees were there, Pension Bee were there, lots of interested parties were there (including an American insurer from Singapore), and a couple of victims.  I gave a joint presentation with one of the victims who described how he had been scammed and how his provider had handed over his pension so easily – well after the Scorpion watershed.  The nice chap from Scottish Widows asked the victim why he hadn’t called the Police.  The victim replied: “I am the Police”.

    It was very telling that the room wasn’t full of delegates from Aviva, Phoenix Life, Prudential, Standard Life etc.  None of them were interested.

    Not a single provider has ever phoned me up to ask for advice, or to arrange to speak to some victims to learn something about how they were scammed and how and why their ceding providers had failed them so badly.  There are so many victims all over the UK and the rest of the world.  And what they all share is a passion to try to prevent other people from being scammed by the bad guys and failed by the bad pension providers.  So this invaluable intelligence is freely available.

    Until and unless the providers develop a conscience, they are going to continue to fuel the pension scam industry – and nothing will change.  And the 79-page code might just as well be consigned to the bathrooms of Aegon, Aviva, Friends Life, Legal & General, Phoenix, Prudential, Royal London, Scottish Life, Scottish Widows, Standard Life and Zurich.

     

     

  • Cold calling scammers target expats after the ban in UK – BBC4 You and Yours

    Cold calling scammers target expats after the ban in UK – BBC4 You and Yours

    Pension Life Blog - Ten essential standards for every adviser and their firmEvery year we are seeing an increase in the number of victims falling for pension and investment scams. Despite warnings in the public domain and a huge array of information about how to avoid falling victim to a scam, it seems the scammers are so skilled at their sales techniques, that even the cleverest of people can fall for their slick pitches. Often the scammers use cold-calling techniques to initiate these pitches: using emails, texts, mail shots and the good ol’ phone.

    We finally saw the introduction of the cold calling ban come into place in January 2019, with huge fines being threatened to firms using these techniques to promote pension sales. We have already written about the firms who have changed their scripts to escape the fines: Cadde Wealth Management is one of these firms.  On top of this, we now find that the cold-calling ban has just encouraged the scammers to divert their efforts to British expats.

    BBC4 You and Yours recently discussed how the cold-calling ban in the UK has seen a change in the scammers’ behaviour. Unfortunately, this is not a change for the better. As the ban only applies to the UK, scammers are targeting expats instead. This means UK pension holders are still the main target for pension scammers and are at greater risk than ever.

    Pension Life Blog - Ten essential standards for every adviser and their firmListen to the show here:

    https://www.bbc.co.uk/sounds/play/m000241

    Interviewed in the programme, Jamie Jenkins says he has noticed this change.  He is Head of Global Saving Policy at Standard Life. He states in the report,  “In recent months we have known that the cold-calling ban is coming in and criminals know that too. So we have seen a switch from cold calls originating in the UK to UK customers, to overseas calls to expat customers living abroad.”

    Ironically, Standard Life has been one of the worst performers in terms of ceding pension providers who have recklessly and negligently handed over millions of pounds’ worth of pensions to the scammers.  Completely ignoring the Pensions Regulator’s warnings in 2010, they shoveled £millions across to pension scams such as Ark, Capita Oak, Westminster, Continental Wealth Management, Global Fiduciary Services and many other QROPS scams.

    Here at Pension Life, we know that expats are not just a new target of cold callers – many expats have already fallen victim to horrific pension scams, like those who lost large chunks of their pension funds to CWM. Continental Wealth Management fraudsters like Darren Kirby, cold-called victims, then followed through with repeat house calls and persuaded around 1,000 UK pension holders to transfer out of safe DB pensions into QROPS and illegally-sold life insurance bonds (such as OMI, Generali, SEB, RL360). With promises of high returns, a lump sum in cash and greater freedoms, many professional and well-educated people fell for the scam.

    Many victims are now trapped in bogus life “bonds” that are falling in value yearly, while the life offices continue to take their quarterly charges – further damaging the impaired funds. Fortunately, the Spanish regulator – the DGS – has outlawed the selling of bogus life assurance policies this week, ensuring there should be fewer victims of this type of scam.

    Here is our cartoon video reconstruction of how the Continental Wealth Management scam worked:

    The BBC programme also talks to a Continental Wealth Management victim, Rebecca Cooke, who lost £75,000 after transferring out of an NHS pension and other secure investments.

    “We were approached in 2012/13 by a company based in Spain (Continental Wealth Management) who were offering us advice about moving our private pension from the UK into another investment scheme based in the EU.  We went with them, but it became blatantly obvious that we had suffered catastrophic losses in our pension and chased them up about what was happening. They had actually invested our funds badly and put them in high-risk rather in low to medium risk funds.  Consequently, we had lost that amount of money (£75,000).”

    She said she feels stupid for falling for the scam, but she is not alone in believing the shiny sales pitch of these scamming criminals.

    It seems the only way to escape the scammers – anywhere in the world – is not to fall for their lies.  But the challenge is to know what is true and what is false.  And that isn’t easy – the scammers are very clever and can adapt quickly to invalidate public warnings and even use them to their advantage.  In addition to the scammers, there are now offshore claims management companies circling like vultures and conning people into believing that complaints against offshore firms can be upheld by UK-based ombudsmen – and that claims can be made against the FSCS (Financial Services Compensation Scheme) in respect of Maltese trustees.

    Know what questions to ask your IFA, click here to watch our cartoon

     

  • More negligence from trustees Berkeley Burke – Store First

    More negligence from trustees Berkeley Burke – Store First

    Pension Life Blog - More negligence from trustees Berkeley Burke - Store FirstAnother victim of Berkeley Burke SIPPS investments into Store First storage pods has come forward. 55-year-old factory worker Robert McCarthy, of Ebbw Vale, said he has lost more than £30,000 through a Self-Invested Personal Pension (SIPP). He was duped into the transfer and investment by unregulated firm Jackson Francis which was liquidated in 2014.  His investment may or may not be worthless – depending on whether Store First is wound up later in 2019.

    Robert McCarthy – who is one of 500 Store First investors who used Berkeley Burke as their SIPP provider – made a serious complaint against Berkeley Burke – and spoke to BBC News on the matter.

    McCarthy said:

    “Basically I’ve lost my private pension. Thirteen years of hard work, they’ve taken it, it’s gone.

    I’ll never trust anyone again. And I can’t believe that they can get away with what they’ve done.”

    The BBC has reported Store First as saying that: “In McCarthy’s case, Berkeley Burke failed to instruct Store First on how to manage the pods they purchased as part of a SIPPS. This means that the store pods have stood empty since their purchase. With returns based on rent paid for using the pods purchased, no returns have been made on these empty pods.”

    Pension Life Blog - More negligence from trustees Berkeley Burke - Store First - More negligence from trustees Pension Life Blog Berkeley Burke - Store First

    This scam follows the same path as so many other scams we see: an unregulated advisory firm, Liverpool-based company Jackson Francis, introduced the victims to Berkely Burke and the Store First investment. (Jackson Francis was wound up in 2014). With promises of the investment being ‘the next best thing’ and also guaranteed high returns, 500 people signed their pensions over to the SIPPS provider Berkeley Burke.

    Berkeley Burke then invested the SIPPS into the store pods, but failed to give permission for Store First to rent the pods out on behalf of the investors – meaning they stood empty.  Store First said they were never contracted to manage, advertise or let the storage pods.  That responsibility, they say, lies with the pension trustee, Berkeley Burke.

    This is not the first time Berkeley Burke have been accused of negligence. In the High Court last October, Berkeley Burke was found to have failed to show due diligence in vetting unregulated investments for another client. The company are currently seeking to appeal against the decision. But with a further 14 individuals, based in Wales alone, making complaints against them, there is definitely no smoke without fire.

    Pension Life Blog - More negligence from trustees Berkeley Burke - Store FirstVictims were also invested into the Store First storage pods via Capita Oak registered by HMRC on 23.7.2012 (PSTR 00785484RM) by Stephen Ward of Premier Pension Transfers of 31 Memorial Road, Worsley and Premier Pension Solutions of Moraira, Spain. Victims of this scam were lured in by a chap named XXXX who also sold them Thurlstone liberation “loans”. Victims who took the ‘loan’ now face huge tax bills from HMRC for unauthorised payments.

    Whilst Capita Oak tuned out to be a scam (currently under investigation by the Serious Fraud Office) and victims have lost huge chunks of their pensions, the initial presentation they were given made the scheme look 100% genuine.

    I spend a lot of time sharing our blogs over Facebook into different groups, trying to get the message across about pension scams. Interestingly, many of my posts are met with negative comments.

    Last week in a comment on an expat forum, I was told that my blog about expats being targeted by scammers was “irrelevant”. I have also had comments like: “I would never fall for a scam.” However, there is clear evidence that falling for a scam doesn´t make you stupid or naive – especially when the scammers are so good at disguising their sham schemes as genuine investments.

    Pension Life Blog - More negligence from trustees Berkeley Burke - Store FirstStephen Ward of Premier Pension Solutions, our most prolific pension scammer, was a fully qualified (to the highest level) and registered financial adviser in Spain.  He was also a registered pensions trustee (he has only just been banned as a pension trustee – despite his shady past). Yet Ward has promoted not just the Capita Oak/Store First scam, but also many, many more over a ten-year period. Some of these include Ark, Evergreen (New Zealand) QROPS, Henley Retirement Benefits Scheme, London QuantumElysian Bio Fuels, Continental Wealth Management.

    Therefore, when it comes to the crunch, it is incredibly easy to fall for a pension scam – especially when it is registered by HMRC and promoted by a qualified financial adviser. It is hard to tell the difference between the good guys and the bad guys (who are so good at clever disguises). Pension scam victims include airline pilots, doctors and nurses, teachers, scientists, bankers and even a solicitor or two.   Anyone can fall for a cleverly-sold scam – and they frequently do.

    Toby Whittaker, owner of Store First, as you can see from his Twitter page, is still promoting Group First and Store First as going concerns.  He is also fighting the winding-up petition by the Insolvency Service against Store First.

    Pension Life Blog - More negligence from trustees Berkeley Burke - Store First

    Despite the fact that the Capita Oak scam now lies in the hands of Dalriada Trustees (appointed by the Pensions Regulator) and the ongoing petition to have Store First wound up (purportedly in the “public interest”), Toby Whittaker still stands proud and says he had no idea that his company was being used as part of a scam.

    Over a period of two years, Store First owner Toby Whittaker paid £33m commission to Transeuro Worldwide Holdings Ltd, which funded Jackson Francis.

    No one knows where the money went, but it certainly didn´t go to the victims of this scam. We can bet it lined the pockets of the scamming salesmen who incorrectly invested over 1,000 victims’ pensions into Store First.

    If the UK government succeeds in its petition to wind Store First up, the hundreds of victims will lose all the funds in their pensions.

    The message here is:

    Scams are registered by HMRC – which can make them appear to be official and bona fide.

    Scammers can make their “schemes” appear to be genuine and to offer viable investments.

    Pensions should be invested in low to medium risk, liquid investments.

    Many funds that promise high returns are also high-risk and not safe for your pension fund.

    Know ALL the facts about your investment and what questions to ask.

    Pension liberation scams are now, thankfully, few and far between scammers are busier than ever, so be careful when investing: scammers lurk all over the globe.

    Pension Life Blog - More negligence from trustees Berkeley Burke - Store FirstAlways use a qualified adviser who works for a fully-regulated firm that has the correct investment license – and not just an insurance license.

    So, if it sounds too good to be true – it probably is.

    And finally…

    Cold called and offered a free pension review – JUST HANG UP.

    Safeguard your pension from the scammers.

  • Death of the Life Bond (Life of the Death Bond?)

    Death of the Life Bond (Life of the Death Bond?)

    Attention financial advisers in Spain/who provide financial advice to Spanish residents.            

    18th February 2019

     

    DEATH OF THE LIFE BOND:

    The Spanish insurance and pensions regulator, the DGS, made a judgment against Costa Blanca-based Continental Wealth Management (CWM) on 10.1.2019.  The order (translated and summarised below) confirmed that there are strict regulations in Spain for the sale of insurance products.  The DGS also made it clear that even if a firm is not regulated in Spain by the DGS, it must conform to the Spanish regulations.

    The deadline for compliance with the order was Monday 11th February.  Unsurprisingly, CWM failed to comply.  CWM had collapsed in September 2017 and all the scammers who worked for the firm headed for the hills (or Australia).  We are now enforcing this order by criminal action against all those responsible.  This also opens the way for similar action against any other firms who have mis-sold insurance products without complying with the Spanish regulations.

    In certain, limited circumstances, insurance bonds can be beneficial.  But in the vast majority of cases they are entirely mis-sold, and the underlying commissions concealed.  These hidden commissions prevent the funds from growing and have an ever-increasing detrimental effect on the value of the fund.  I have seen evidence of an entire fund being destroyed by irresponsible, risky, commission-laden investments.  The life offices (such as OMI, SEB, FPI, RL360 and Generali) continue to apply their quarterly charges while the funds are being destroyed – sometimes even pushing the funds into negative territory.

    Why should the use of life bonds be strictly controlled?

    I have transcribed the DGS’ judgment below.  It is an abbreviated, translated version of the original.  I also set out below the reasons why life bonds should now be strictly controlled and only sold/advised by qualified, regulated firms.  Once an international standards agreement has been established, it should be possible to ensure that only those firms who understand how to use these products properly will use them in future.

    I hope that all advisers providing insurance advice in Spain – and beyond – will now ensure that losses caused by the mis-selling of life bonds are put right.  I also hope that this policy will be adopted throughout Europe and in all other jurisdictions so that the worldwide mis-selling scandal can finally be ended.

    There will be criminal proceedings – and these will extend to the life offices themselves for profiting from financial crime.  The many victims whose life savings have been destroyed by the life offices and their toxic practices will welcome this news.  The victims themselves know intimately the numerous faults of the life offices:

    • accepting business from (and paying undisclosed commissions to) known scammers and unregulated advisory firms
    • offering high-risk, unregulated funds such as Axiom, LM, Premier New Earth and other no-hoper funds
    • offering professional-investor-only structured notes from providers such as Leonteq, Commerzbank and Nomura
    • reporting the inexorable losses but taking no remedial action
    • locking victims into the expensive, pointless bonds long after the majority of the funds had been destroyed

    This latest development with the DGS judgment will help the victims take action against negligent life offices such as Old Mutual International and Friends Provident International.  This will be a powerful weapon in the recovery process against these parasitic, negligent and greedy insurance companies.

    I set out below, in red, reasons why insurance bonds should now be strictly controlled internationally.  This is not just my opinion – but an order by the Spanish government.  In my view, this is a very sensible and useful order which is in the interests of all consumers throughout Europe and the wider world.

    Decent, ethical, regulated firms will comply with the DGS’ judgment.  The scammers will not.

    ——————————————————————————————————————————————————

    Madrid, 10 January 2019 – Complaints service file number 268/2016

    Chief Inspector of Unit – Ministry of Economy and Enterprise

    Secretary of State for the Economy and Business Support

    General Directorate of Insurance and Pension Funds (DGS)

     

    Article 6 of Law 26/2006, of 17 July, on private insurance and reinsurance mediation, which regulates the general obligations of insurance intermediaries, states:

    “Insurance intermediaries shall provide truthful and sufficient information in the promotion, supply and underwriting of insurance contracts, and, in general, in all their advisory activity….”

    The scammers do not, of course, comply with this regulation.  In fact, scammers rarely tell their clients that they are going to be put into an insurance bond.  Unscrupulous advisers often conceal how the bond will work or for how many years they will be locked in for.  Normally, scammers wave an agreement for an OMI, SEB, Generali, FPI or RL360 bond under the nose of the clients – and ask them to sign the agreement with no explanation.  Rarely do the scammers allow the client to read the document properly, or disclose the commission they will receive from selling the often pointless bond. 

    Victims will be locked into the bond long after they have worked out that the adviser has mis-sold the product purely for the 8% commission – and that the charges will prevent the fund from ever growing.  In fact, even if the underlying asset were to perform reasonably well, it would struggle to keep up with the combination of the bond and adviser costs.

    It is rarely explained that the bond is a bogus life assurance policy (or series of policies); that any life cover is only actually 101% of the original value of the funds the victim has unwittingly placed into the bond.  If all the clients had wanted was life cover in the first place, this product would represent terrible value for money.  The Spanish Supreme Court has already ruled that life assurance policies are void for the purpose of holding investments – because the life office takes no risk. 

    Therefore, the life bond fails on three counts:

    1. it is a useless life assurance policy
    2. it is a useless investment platform
    3. it does not comply with Spanish regulations.  

    I could go on: the life bond is expensive; fails to disclose adviser commissions; offers high-risk, unregulated funds; accepts business from known scammers and unregulated firms; allows professional-investor-only structured notes for retail investors.  The list is endless.

    Article 26 paragraphs 2 and 3 of Law 26/2006, of 17 July, on private insurance and reinsurance mediation, which refers to insurance brokers, establishes the following:

    “Insurance brokers must inform the person who tries to take out the insurance about the conditions of the contract which, in their opinion, it is appropriate to take out and offer the cover which, according to their professional criteria, is best adapted to the needs of the former.  The broker must ensure the client’s requirements will be met effectively by the insurance policy.”

    If the client had stipulated that he needed a life assurance policy (which he usually didn’t), the adviser should have explained fully how and why any product offered fitted the client’s needs.  This virtually never happens.  The adviser has already decided (long before he has even met the client – let alone carried out a fact find) – that he is going to flog him a bond from whichever life company is paying the highest commission.  And this is how so many victims end up with useless insurance products from OMI, SEB, Generali, RL360, Friends Provident International, Hansard, Investors Trust etc.

    Even if the client had specifically asked for – say – £100,000 worth of life cover, these “life” policies could never guarantee to provide that cover.  In a proper, bona fide life assurance contract (where the client pays a monthly premium for the life of the policy) the pay-out is guaranteed.  In these bogus life assurance policies, the value of the pay-out inevitably decreases as the charges eat into the fund.  This is normally the case when disproportionately risky investments are made by the life offices.

    Article 42 of the Private Insurance and Reinsurance Mediation Act, which refers to the information to be provided by the insurance intermediary prior to the conclusion of an insurance contract, provides:

    “Before an insurance contract is concluded, the insurance intermediary must, as a minimum, provide the customer with the following information:

    1. a) The broker’s identity and address.
    2. b) The Register in which the broker is registered, as well as the means of verifying such registration.”

    This rarely happens in practice – unless the broker is one of the very few professional and ethical firms in the expat world.  An adviser might claim to be based in one jurisdiction, but could – in fact – be based in an entirely different one.  “Passporting” is often misused as advisers “fly in under the radar” and provide advice in jurisdictions where they have no legal right to operate.

    Insurance agents must inform the customer of the names of the insurance companies with which they can carry out the mediation activity in the insurance product offered.

    Agents often have terms of business with more than one life office – but will rarely disclose the fact that some or all of them have a long history of facilitating financial crime internationally.

    In order for the client to be able to exercise the right to information about the insurance entities for which they mediate, insurance agents must notify the client of the right to request such information.

    I have never seen an instance of this happening – which is not to say it doesn’t happen.  Just that I haven’t seen it.  But then people don’t come to me when things are going swimmingly – they only come when they have lost some, most or all of their fund.

    Banking and insurance operators must inform their clients that the advice given is provided for the purpose of taking out an insurance policy and not any other product that the credit institution may market.

    And herein lies the problem: the advice is rarely provided for the purpose of taking out an insurance policy – the advice is usually given because the client wants his pension or life savings invested safely, prudently and profitably.  Few – if any – clients come to the adviser to ask for a life assurance policy.  But they get one, whether they need it – or can afford it – or not.

    Insurance brokers must inform the client that they provide advice in accordance with the following obligations:

    “Insurance brokers are obliged to carry out and provide (to the customer) an objective analysis on the basis of a comparison of a sufficient number of insurance contracts offered on the market for the risks to be covered.  Brokers must do this so that they can formulate an objective recommendation.”

    I have never seen an example of an adviser offering a client a selection of possible insurance contracts.  The adviser has normally decided which life product he is going to flog long before the client even walks through the door.  In a normal insurance contract relationship, it is the insurer which takes the risk.  But in life bond contracts, it is the insured who takes the risk – i.e. that his life cover will be substantially lower than that originally contracted and that, indeed, his fund will be severely impaired by the costs of the contract.

    On the basis of information provided by the customer, insurance intermediaries shall specify the requirements and needs of the customer, as well as the reasons justifying any advice they may have given on a particular insurance.  The intermediary must answer all questions raised by the client regarding the function and complexity of the proposed insurance contract.

    I have never seen this happen – which is not to say that it doesn’t happen.  But the adviser could only explain to the customer that the sole purpose of the life bond is to pay him 8% commission.  And that would inevitably spook the customer – so the adviser doesn’t bother.  There will surely be all sorts of flim-flam about the life bond allegedly providing tax efficiency.  However, any real tax savings will be resoundingly eclipsed by the high charges.

    All intermediaries operating in Spain must comply with the rules laid down for reasons of general interest and the applicable rules on the protection of the insured, in accordance with the provisions of Article 65 of the Law on the Mediation of Private Insurance and Reinsurance.

    I have never seen a single instance of an intermediary complying with the DGS rules in Spain or anywhere else.  But that is because I only ever hear about cases where the clients suffer losses.  The people who are well looked after by competent, professional, ethical brokers never bother contacting me – because they don’t need to!  However, I would love to hear from advisers who do abide by the rules.

    Every insurance intermediary is obliged, before the conclusion of the insurance contract, to provide full disclosure.

    Never happens in my experience.  The commission is normally concealed, and the inflexibility of the lock-in period is rarely explained.  The victims usually only find this out after they have realised they have been scammed.

    In the event that a mediator was an Insurance Broker or independent mediator, he is also obliged to give advice in accordance with the obligation to carry out an objective analysis.

    Never happens in my experience.  The adviser/mediator doesn’t use the life assurance product for life assurance, but as a bogus “wrapper” for holding investments.  Therefore, the likely outcome of any objective analysis is very unlikely ever to be fulfilled.

    This must be provided on the basis of the analysis of a sufficient number of insurance contracts offered on the market for the risks to be covered.  The mediator can then formulate a recommendation, using professional criteria, in respect of the insurance contract that would be appropriate to the needs of the client.

    I have never seen an instance of a mediator offering a selection of possible contracts – and there are no risks to be covered, as the insurer takes no risks.  This is why these products have been deemed by the Spanish Supreme Court to be invalid.  However, if a mediator were to offer a “selection” of life bonds, they would all be identical as they are all just as bad as each other.

    In the case in question, there is no evidence that the aforementioned information was provided to the client before the investment product was contracted.  Therefore, Article 42 of the regulations has been breached.

    As it has in just about every instance I have ever seen in Spain – and beyond.  In fact, one firm in Spain – Blevins Franks – only offers one insurance product and that is Lombard.  This is completely illegal.

    Therefore, this Claims Service concludes that the mediator must justify the information and prior advice given to his client, so that the obligations imposed by the Law of Mediation can be understood to be fulfilled with the aim of protecting the insured.  Failure to comply with their obligations could be considered as one of the causes of the damage that would have occurred to their client.

    I have never seen an instance of any firm complying with the obligations imposed by law in Spain.  That doesn’t mean it doesn’t happen – and I would love to hear from firms who do comply with this law so that my knowledge can be broadened.  However, if this does happen, it is only likely to be in the case of ethical firms, and they are unlikely to use these bogus life assurance policies anyway.

    The claim is understood to be founded.  In the opinion of this Claims Service, the mediating entity has committed a breach of the regulations regulating the mediation activity – specifically of the provisions of articles 6 and 42 of Law 26/2006 of Mediation of Private Insurance and Reinsurance.

    The DGS requires the mediating entity to account to this Service, within a period of one month from the notification of this report, for the decision adopted in view of it, for the purposes of exercising the powers of surveillance and control that are the responsibility of the Ministry of Economy and Enterprise.

    The entity – Continental Wealth Management – did not, indeed, comply with the DGS’ requirement.  This now gives the green light for this firm and the directors and shadow directors associated with it – as well as the life office which was complicit in this scam – to be subject to criminal proceedings.  The life offices, in this case, were complicit as they were effectively profiting from financial crime.

    The interested parties are informed that there is no appeal to this judgment.  Both the claimant and the mediating entity are made aware of their right to resort to the Courts of Justice to resolve any differences that may arise between them regarding the interpretation and compliance with the regulations in force regarding the mediation of private insurance and reinsurance, in accordance with the provisions of articles 24 and 117 of the Constitution.

    THE DEATH OF THE LIFE BOND

    I think it would be no understatement to say that this heralds the end of the mis-use and abuse of life bonds (also known as portfolio bonds or insurance bonds).  Not just in Spain, but throughout Europe and beyond.  This will be warmly welcomed by the thousands of victims who have lost their life savings to rogue insurance companies such as OMI, SEB, FPI and Generali, and unregulated scammers such as Continental Wealth Management. 

    The ethical sector of the financial advice industry will, of course, be delighted – and there will be a mad scramble by the rogues to find a way round this ruling.  And they will fail. 

  • No more bogus life assurance policies in Spain

    No more bogus life assurance policies in Spain

    The Spanish Insurance Regulator – the DGS (Dirección General de Seguros y Fondos de Pensiones) – has made a most welcome judgment.  This outlaws the mis-selling of bogus life assurance policies as investment “platforms” – aka “life bonds”.  Read the translated summary below.

    The iniquitous practice of scamming victims into these expensive, pointless bonds – so beloved by the “chiringuitos” (scammers) on the Costa Blanca and Costa del Sol for many years – will now result in criminal convictions for the peddlers of these toxic products.

    The DGS’ judgment has provided reinforcement to the earlier Spanish Supreme Court’s ruling that life assurance contracts used to hold “single-premium” investments are invalid.  This heralds a huge step forward in cleaning up the filthy scams which have for so long proliferated in popular British expat communities – making the victims poor and the perpetrators rich.  This evil practice came to a head when scammers Continental Wealth Management collapsed in a pile of debris in September 2017.  The main perps: Darren Kirby, Dean Stogsdill, Anthony Downs, Richard Peasley, Alan Gorringe, Neil Hathaway, Antony Poole all ran for the hills.  Other scammers who played supporting roles – including Stephen Ward, Martyn Ryan and Paul Clarke – slithered away quietly to ply their scams elsewhere.

    The DGS ruling has opened the way for criminal prosecutions against all those at Continental Wealth Management who profited so handsomely from flogging “life bonds” by Old Mutual International (aka OMI and Royal Skandia), Generali and SEB.  While it goes without saying there will be a hearty cheer about the jailing of Darren Kirby and his merry men, they will soon be joined by other individuals who have joined in the bogus life insurance fest just as enthusiastically.  And, of course, the life offices – from OMI, Generali and SEB, to Friends Provident and RL360 – will be treated to a proceeds-of-crime party.

    Guest of honour will, of course, be Peter Kenny of OMI.  But just to make sure nobody feels left out, Hansard and Investors Trust will certainly get their invites.  Maybe Wormwood Scrubs will set up their own wing for life-office scammers.

    It has long seemed curious that such a delightful part of Spain as the Costa Blanca should have fostered such an evil industry.  From the arch scammer himself – Stephen Ward of Premier Pension Solutions, and his many associates including Paul Clarke who was helping him flog Ark before he joined CWM to learn to scam on a much larger scale.  But anywhere along that delightful stretch of coastline running from Valencia to Alicante there are dozens of firms giving the life bond machine plenty of welly.

    So popular is the use of life bonds among the seedier sector of the financial services industry, that multi-national firm Blevins Franks have their own their “exclusive” offering of bogus Lombard bonds.  And you can see why: these scammers earn 8% from flogging these bogus life assurance policies.  That’s 8% for doing nothing – and for trapping their victims into paying back this commission over up to ten years.  Often long after the victims have worked out that the bond serves no purpose except to prevent the funds from ever growing.

    The victims themselves – hundreds of which lost most (or in some cases all) of their life savings to Continental Wealth Management – will indeed see the DGS’ ruling as wonderful news.  They will certainly celebrate the fact that justice has at last prevailed and that the law in Spain has made it clear that selling life assurance policies the traditional scamming way is illegal.

    Continental Wealth Management (CWM – “sister company” to Stephen Ward’s Premier Pension Solutions) was set up initially to provide the cold calling and lead generation services to support Ward’s many scams – including the Evergreen (New Zealand) QROPS scam.  Evergreen was swiftly followed by the Capita Oak and Westminster scams (now under investigation by the Serious Fraud Office).  Unregulated, and staffed by unqualified salesmen who took it in turns to sport grand titles such as “Managing Director” and “Investment Director”, most of these spivs had been car salesmen or estate agents before flogging QROPS and life assurance contracts used to hold the toxic structured notes which destroyed so many millions of pounds’ worth of the victims’ life savings.  Many of these bonds were supplied by Old Mutual International, who despite the huge losses on the funds, continued to take their fees monthly.

    Back in April 2018, OMI and the IOM were defeated by Spanish courts ruling that the jurisdiction in litigation against them for facilitating financial crime should be in Spain. This was a welcomed victory for the victims in the face of so much corruption and fraud in Spain for many years. It is certainly a turning point in the quest for justice by the thousands of victims of scammers such as Continental Wealth Management and life offices such as Old Mutual International, Generali and SEB.

    I will be writing to all advisory firms who are selling life bonds to victims in Spain to advise them that this is now a criminal matter and to warn them that they will be reported to the DGS.

    ————————————————————————————————————————————————————–

    Madrid, 10 January 2019

    General Directorate of Insurance and Pension Funds (DGS)

    Complaints service file number 268/2016

     

    COMPLAINT BY A CONTINENTAL WEALTH CLIENT IN RESPECT OF HEAVY LOSSES INCURRED ON HIS PENSION TRANSFERRED TO A BOURSE QROPS AND PLACED IN A GENERALI INSURANCE BOND.

    The Directorate General of Insurance and Pension Funds is competent under the powers conferred on it by Article 46 of Law 26/2006 of 17 July, on the mediation of private insurance and reinsurance, to examine the claim formulated for the purpose of determining non-compliance with current regulations on the mediation of private insurance and reinsurance, and whether this is decisive for the adoption of any of the relevant administrative control measures, particularly those of administrative sanction, which contravene the aforementioned Law.

    Article 6 of Law 26/2006, of 17 July, on private insurance and reinsurance mediation, which regulates the general obligations of insurance intermediaries, states:

    “Insurance intermediaries shall provide truthful and sufficient information in the promotion, supply and underwriting of insurance contracts, and, in general, in all their advisory activity….”

    Article 26 paragraphs 2 and 3 of Law 26/2006, of 17 July, on private insurance and reinsurance mediation, which refers to insurance brokers, establishes the following:

    “Insurance brokers must inform the person who tries to take out the insurance about the conditions of the contract which, in their opinion, it is appropriate to take out and offer the cover which, according to their professional criteria, is best adapted to the needs of the former.  The broker must ensure the client’s requirements will be met effectively by the insurance policy.”

    Article 42 of the Private Insurance and Reinsurance Mediation Act, which refers to the information to be provided by the insurance intermediary prior to the conclusion of an insurance contract, provides:

    “Before an insurance contract is concluded, the insurance intermediary must, as a minimum, provide the customer with the following information:

    1. a) The broker’s identity and address.
    2. b) The Register in which the broker is registered, as well as the means of verifying such registration.”

    Insurance agents must inform the customer of the names of the insurance companies with which they can carry out the mediation activity in the insurance product offered.

    In order for the client to be able to exercise the right to information about the insurance entities for which they mediate, insurance agents must notify the client of the right to request such information.

    Banking and insurance operators, in addition to the provisions of the previous letter, must inform their clients that the advice given is provided for the purpose of taking out an insurance policy and not any other product that the credit institution may market.

    Insurance brokers must inform the client that they provide advice in accordance with the following obligations:

    “Insurance brokers are obliged to carry out and provide (to the customer) an objective analysis on the basis of a comparison of a sufficient number of insurance contracts offered on the market for the risks to be covered.  Brokers must do this so that they can formulate an objective recommendation.”

    On the basis of information provided by the customer, insurance intermediaries shall specify the requirements and needs of the customer, as well as the reasons justifying any advice they may have given on a particular insurance.  The intermediary must answer all questions raised by the client regarding the function and complexity of the proposed insurance contract.

    All intermediaries operating in Spain must comply with the rules laid down for reasons of general interest and the applicable rules on the protection of the insured, in accordance with the provisions of Article 65 of the Law on the Mediation of Private Insurance and Reinsurance.

    Every insurance intermediary is obliged, before the conclusion of the insurance contract, to provide full disclosure.  In the event that a mediator was an Insurance Broker or independent mediator, he is also obliged to give advice in accordance with the obligation to carry out an objective analysis.  This must be provided on the basis of the analysis of a sufficient number of insurance contracts offered on the market for the risks to be covered.  The mediator can then formulate a recommendation, using professional criteria, in respect of the insurance contract that would be appropriate to the needs of the client.

    In the case in question, there is no evidence that the aforementioned information was provided to the client before the investment product was contracted.  Therefore, Article 42 of the regulations has been breached.

    Therefore, this Claims Service concludes that the mediator must justify the information and prior advice given to his client, so that the obligations imposed by the Law of Mediation can be understood to be fulfilled with the aim of protecting the insured.  Failure to comply with their obligations could be considered as one of the causes of the damage that would have occurred to their client.

    The claim is understood to be founded.  In the opinion of this Claims Service, the mediating entity has committed a breach of the regulations regulating the mediation activity – specifically of the provisions of articles 6 and 42 of Law 26/2006 of Mediation of Private Insurance and Reinsurance.

    The DGS requires the mediating entity to account to this Service, within a period of one month from the notification of this report, for the decision adopted in view of it, for the purposes of exercising the powers of surveillance and control that are the responsibility of the Ministry of Economy and Enterprise.

    The interested parties are informed that there is no appeal to this judgment.  Both the claimant and the mediating entity are made aware of their right to resort to the Courts of Justice to resolve any differences that may arise between them regarding the interpretation and compliance with the regulations in force regarding the mediation of private insurance and reinsurance, in accordance with the provisions of articles 24 and 117 of the Constitution.

    Chief Inspector of Unit

    Ministry of Economy and Enterprise

    Secretary of State for the Economy and Business Support

     

  • Blacklist – “The Pension Scam (No 69)”

    Blacklist – “The Pension Scam (No 69)”

    Blacklist – “The Pension Scam (No 69)”

    By far the best US crime thriller series (IMHO) on Netflix has got to be Blacklist.  Utterly mesmerising is the star Raymond Reddington (played by the superb James Spader).  Reddington manages to be simultaneously as camp as a row of tents, and macho as the All Blacks.

    The rest of the cast – both cops and robbers – are all excellent with intriguing sub-plots, endearing romances and lots of buttock-clenching suspense as the FBI race against time to catch the bad guys, recover the sniffing/folding stuff and save the victims from torture and painful deaths.

    So inspired was I by taking up Blacklist binge-watching, that I decided to write an episode to submit to NBC (just in case the writers run out of ideas).  My plot was hatched because every Blacklist episode contains all the ingredients that we need to tackle pension scams: the minute the crime (or intended crime) is identified, the FBI Special Agents swing into action, and SWAT teams are warmed up; the criminals’ mobiles are tracked and their computers hacked.

    By the time I’ve cracked open the Snickers, Special Agents Wrestler and Mossad are on the scene and closing in fast on the bad guys.  As I’m warming up my cocoa, the contraband has been uncovered; the bombs have been defused (with two seconds to spare); the bad guys are all either full of holes or in handcuffs; the full details of the dastardly criminal plot are laid bare.  Most important, the lost $millions are recovered in full, and the valiant Red Reddington flies off into the sunset in his private jet with his trusty Dembe clucking at him for taking too many risks.

    So here’s my humble attempt at the script for a Blacklist episode “The Pension Scam (No 69)” – script:

    Arch pension criminal (and mastermind of the Capita Oak and Henley cases) XXXX XXXX – dressed in bright purple (to offset his flaming red hair) and driving a black Ferrari – struts into the offices of various QROPS trustees around the Med and meets cheery Irishman Justin Caffrey of Harbour Pensions.  XXXX tells Caffrey of his plot to make millions out of scamming hundreds (or preferably thousands) of victims out of their pensions.  His plan is to con hundreds of UK residents into transferring their pensions into a QROPS.  And then (and this is the clever bit) XXXX, who is acting as the victims’ financial adviser, invests all their money in his own fund: the Trafalgar Multi-Asset Fund.

    Being a particularly canny Irishman, Caffrey sees straight through XXXX’s dastardly plan and sends him and his (borrowed) Ferrari packing.  Caffrey clocks XXXX as an outright spiv straight away.  Caffrey is, anyway, already up to his ears in Phillip Nunn’s Blackmore Global investment scam, promoted by vile David Vilka, so he really can’t handle more Pension Life Blog - Square Mile International - qualified and registered? David Vilka Square Milethan one scam at a time (being male, he can’t multi-task).

    Way too thick-skinned, determined and greedy to be discouraged, XXXX heads across the Mediterranean to Gibraltar and the offices of STM Fidecs.  There he meets CEO Alan Kentish who listens to XXXX’s offering with keen interest.  Already under investigation for “tax irregularities”, Kentish is no stranger to “bending the rules” and is keen to learn more about how XXXX’s scam is going to work – and, of course, what is in it for Kentish himself.

    XXXX explains that he has found an “umbrella” fund called the Nascent Fund run by Custom House Global Fund Services and a handsome but menacing-looking chap called Richard Reinert.  This outwardly respectable-looking outfit allows wannabee fund “managers” (such as XXXX) to set up their own investment funds in the dodgy jurisdiction of the Cayman Islands – far from the eagle eye of the FCA.

    Kentish is eager to know how much money can be made out of this plot.  XXXX explains that 46% was earned out of his Capita Oak and Henley scams and that he hopes to make at least as much out of this one.  With Kentish’s “help” (nudge nudge, wink wink).  Of course, the proceeds could be split and plenty of brown envelopes used to disguise the handing over of the proceeds.

    Things get off to a cracking start, with XXXX’s two trusted assistants: Tom Biggar and Paul Garner.  But cracks start to appear early on.  The success of the mission depends on the highest-risk assets being purchased with the funds – as these pay the highest “commissions”.  But Biggar is a bad guy with a bit of a conscience, and he insists that some proper, prudent investments should also be made.  This, of course, impacts on XXXX’s profits, so pretty soon Biggar “disappears” – never to be heard of again.  Garner is seriously rattled and doesn’t want to end up the same way, so he heads off to work for the Gibraltar regulator – where he knows he’ll be safe as houses, as they’ll never take an interest in this crime.  After all, STM Fidecs is one of the biggest employers in Gibraltar (after Betfred, Stan James, Paddy Power, William Hill, Bet 365 and 888 Holdings) – so there’s no risk of any of the perps doing porridge.

    XXXX is now free to invest the whole fund (now well over £20 million) in whatever he pleases.  So he sticks most of it in the German Dolphin (derelict property loan notes) Fund and cleans up.  Trouble is, Richard Reinert of Custom House starts to get suspicious and starts sniffing around – after the worrying sudden disappearances of Biggar and Garner.  He lifts the skirts of XXXX’s Trafalgar scam, and finds something rather more sinister than skid marks.

    The FBI are a bit busy that day (yet another Blacklist case) so the SFO swings into action.  XXXX is arrested.  His office searched.  The Gibraltar FSC twitches because XXXX’s third in command, Garner, is now working for them, so they turn a blind eye.  Avoiding embarrassment, they get friendly local book cookers Deloittes to pop in to inspect STM Fidecs’ books.  When Deloittes find out what a load of crap the STM QROPS is filled with, they wag their fingers sternly.  Kentish is thoroughly upset (so much so, that he almost – but not quite – passes the fags round).

    STM Fidecs' Alan Kentish and David Easton avoided the humiliation of a public court appearance and will now be letting Deloitte inspect their dirty books.Now that the Trafalgar Multi-Asset Fund has been suspended – thanks to the hero of the hour: Reinert – Kentish decides to buy Caffrey’s QROPS firm, Harbour (which is full of Phillip Nunn’s Blackmore Global investment scam).  Caffrey swans off into the sunset with £1 million burning a hole in his pocket, quietly humming “Oh Danny Boy”.

    In the end, the handsome Reinert turns out to be a good guy after all, and gets some of the victims’ money back.  (But only just enough to pay the liquidators’ fees!)

    I submitted my carefully-typed script to NBC and waited with bated breath.  A couple of weeks later their response arrived:

    “Dear Miss Brooks, thank you for submitting your script for Blacklist episode “The Pension Scam (No 69)”.  We have read your work with interest (and fell about laughing), but we do not feel it would be suitable for our series.  Unfortunately, the plot is too far fetched and we do not consider that our viewers would find the story-line plausible.  This sort of thing simply doesn’t happen in real life.  However, we wish you all the best with your future writing efforts – but just suggest you try to stick to more believable plots.”

    The Bells' new venture Allay Claims is flourishing while while their previous company Real Time claims is worthless - leaving investors facing heavy lossesSadly, of course, it was real life.  As more than 400 victims will attest.  So no more script-writing for me.  I will stick to blogs in the future.

  • Sophisticated Scams in Singapore

    I “borrowed” this blog from my Twitter friend in Singapore who clearly understands and cares about investment scams – and the inability of the inept authorities to do anything about them.  This is true not just in Singapore but throughout the world – particularly the UK, the Isle of Man, Gibraltar, the Cayman Islands, Guernsey, Ireland, Dubai, and Hong Kong.

    I could not improve upon his excellent blog, but I have put some comments in red in the body of the text (with apologies to Lee!).

    This is a story about how scammers have used the loopholes within the law to fleece hundreds of millions of dollars (and pounds and Euros in other jurisdictions) from an unsuspecting public. Many of whom are retirees and young people venturing into alternative investments for the first time in their lives.

    In Singapore, there are two primary agencies that are set up to ensure a safe investment environment for its people. The Monetary Authority of Singapore (MAS) that regulates the financial industry and the Commercial Affairs Department (CAD) of the Singapore Police Force that investigates commercial crime and Fraud.

    Just wanted to add a few more: chia seeds, eucalyptus plantations, truffle trees, forex trading, life assurance policies, football betting, property loans, rubbish recycling, litigation funding, timeshares, films, claims management companies etc.

    In support of innovation (Lee uses the word “innovation” – but I would have used the word “opportunism”) in the financial industry, Alternative Investment Offers have been allowed to thrive. Non-traditional Products are being offered to the lay public, advertised widely on social media and even in the mainstream media with barely any restrictions. (In the UK, we would refer to many of these as UCIS – unregulated collective investment schemes – which are illegal to promote to retail investors).  Many vendors of these make wild claims of double-digit percentage returns per annum, sometimes coupled with apparent full capital protection that targetted investors would just swallow wholesale.

    These companies are not regulated by MAS and will often be listed as such in the MAS-issued Investor Alert List. But being on the Investor Alert List simply means Caveat Emptor … nothing more. Legitimate companies, as well as unscrupulous ones, are similarly listed there without distinction. So in most cases, the attractive returns and false assurance of safety are just too irresistible to the average investors who would be pulled in by the hundreds, if not thousands.  I reckon few people ever think to look at the MAS website – just as few ever look at the FCA website where well-hidden warnings lurk deep below the surface.

    While not all Alternative Investments are dodgy, many of them are because the current law offers a fairly wide window (between 3 to 8 years) for them to operate before the law catches up. Why? Because the law enforcement agency that investigates fraud only starts to investigate after many victims have reported their loss. There are victims who do not report because of fear, because of embarrassment, because of unrealistic, hopeful optimism and a variety of other reasons so by the time CAD gets involved, it would have added more years and more new victims. A lot more people, sadly, would have been hurt by then.  This is the most significant factor in stopping financial fraud – if the first whistle were to prompt action by the authorities, more victims could be prevented.  The feet of clay by regulators and law enforcers help the scammers and facilitate the crimes.

    Ponzi schemes are chief among these and as with all Ponzis, the early investors are taken in by the promised high returns being achieved. This pool of satisfied investors will go on to sink in additional funds. But more than that, they are often trotted out on stage at investment seminars to be the best spokespersons for their “safe and profitable” investments. Some are even recruited to be sub-agents who earn referral commissions.

    A very common scam I see over recent years involves companies that may own some land in a distant country, directly or indirectly via their selected “Developer Partners” who have cleared their “rigorous” due diligence process and deemed safe. Money is borrowed from the lay public by an intermediary set up for that specific fundraising purpose. This intermediary is supposed to channel the funds out to the said Developers for the purpose of infrastructure development or some construction activities on the property. In return, the intermediary company, freshly created, probably a limited liability entity registered in some opaque tax-free haven, signs an IOU agreement with the investor detailing scheduled repayments of interests and full capital at the end of 2 or 3 or 4-year terms.  He’s just described Dolphin Trust and similar investment “loan-note” scams perfectly.

    The IOU agreement or promissory note does not accord the investors (or more accurately the lenders), any say on how the funds are utilised. There is also nothing to stop these unscrupulous vendors from using that same plot of land as their “collateral” to draw in funds from other investors in other markets.

    Theoretically, that same piece of land could be used multiple times to borrow new money as long as the investors were not aware of it and had no legal title on that property. The number of times this “asset” is leveraged is limited only to the diabolical ingenuity of those vendors and the trusting innocence of an investing client pool.  Am getting a bit worried now, as I think some of the scammers – who hadn’t already thought of this – might be getting very excited!

    Other fundraising schemes can be created… perhaps through the issuance of minibonds in countries like the UK or in Europe. Or through commercial paper described as Development Funds that pay generous coupon rates over medium term, offered to selected high net worth clients.  (And low-net-worth clients – the scammers aren’t fussy!).

    Different company names are formed but the directors may be the same. The product brief is almost always similar and the advertising media material professionally done and is always flashy. Invariably these vendors will hold charity events and engage media celebrities or host politicians to lend credibility to their cause. They would list fake awards and renowned organisations as their business partners on their websites. All these with the sole intent of creating an image of legitimacy.  This perfectly describes Phillip Nunn and his Blackmore Global investment scams – promoted by David Vilka.

    Sometimes they may even attempt to raise public funds via a back door listing through an acquisition of a public listed entity that had fallen under judicial management.

    Who are these people who are capable of such an elaborate scheme that spans international borders? Will the law catch up with them before they escape with their ill-gotten loot? Will justice be served in time and make an example of how fraud should not be excused as business failure?

    Alas, only time will tell.  Lee doesn’t seem optimistic.  And I most certainly am not.  The scammers make far too much money from such investment scams – and pension savers are ridiculously easy targets.  The cold-calling ban will have negligible effect, and the ceding pension providers will keep on keeping on handing over pensions to the scammers willy-nilly.

    I must admit, I had always been under the impression that regulation and law enforcement in Singapore were superb.  But reading Lee’s blog, and learning how UOB bank has stolen £ millions from one customer, I think Singapore is probably as hopeless at challenging scams and financial fraud as the rest of the World.