Tag: Pension Life

  • Waging War on Willy Wagglers

    Waging War on Willy Wagglers

    Pension Life Blog - Waging War on Willy Wagglers - Henry Tapper - Pension PlaypenWhen I grow up, I want to be able to write blogs as eloquently as the Mighty Henry Tapper – the Pension Ploughman with a huge plough which furrows deeply through much of the bullshit on Twitter.  He also tolerates Ros Altmann with grace and generosity – which is something I could never do no matter how grown up I get.

    Henry´s recent blog is particularly pertinent as it draws attention to the small and irritating gaggle of willy wagglers who understand little but talk a lot about how knowledgeable they are.  In fact, many of these know-alls grasp very little outside their own comfort zone – and some of them, like John Ralfe, have neither class nor manners.  John and his fellow gaggle of wagglers are quick to belittle and insult, but slow to make the effort to understand complex matters in sufficient depth to be able to develop a balanced and intelligent view of the diverse details of human economics.

    But first, let me talk a little about Henry.  He is one of the small, elite group of professionals who have bothered to get their feet wet and their hands dirty and venture into my world: the arena of pension and investment scams and scammers.  It takes a strong stomach to square up to the vile operators and facilitators of financial crime, and a lot of backbone to call out regulators and other authorities for their dismal failings.

    Pension Life Blog - Waging War on Willy Wagglers - Henry Tapper - Pension Playpen

    Henry has taken time out of his busy schedule to meet victims and regulators, as well as attend last year’s High Court proceedings in the Ark case, as well as broker meetings with some of the players in the pension and investment scam industry (yes, Peter, I am talking about you!).

    Señor Tapper, over the past five years, has generously given his time, effort and expertise to the plight of the scam victims. Victims who have also been very active in campaigning and representing other victims – including airline pilots, bus and taxi drivers, nurses and doctors, architects, research chemists, a carp breeder, a driving instructor and people dying of life-threatening illnesses.

    Then you’ve got the so-called professionals in the UK who think – and say – that none of what goes on in the scamming industry, or offshore, is anything to do with them.  Some of these self-proclaimed experts also dismiss the victims as “stupid” or “complicit”.  To say I have no time for these people would be a bit of an understatement.  But to see some of these idiotic “experts” also being insulting to the very people I value so highly is a bit much for me – and the victims – to swallow.

    Henry complains about the pesky “experts” on the following grounds:

    Pension Life Blog - Waging War on Willy Wagglers - Henry Tapper - Pension Playpen

    1. They make you read their books
    2. They willy waggle
    3. They waggle each other’s willies
    4. They get frustrated when you don’t agree with them
    5. They are generally from the USA and Europe

    I don’t really have a problem with number 1, because I also try to get people to read my book: Anatomy of a Pension Scam 

    I did try to make it free, but the cheapest selling price Amazon will let you use is $1.34.

    I don’t do 2 or 3 (either actually or metaphorically) but I do 4 a lot.  But that is because intelligent, knowledgeable people tend to understand the importance of tackling financial crime, while arrogant, ill-informed people don’t.  Not that I am talking about agreeing with anything complex or requiring much knowledge – I am referring to the basic principals that scamming is wrong; being unqualified is wrong; being unregulated is wrong; being greedy is wrong.

    I am not too sure about 5 because I know very few people from the USA.  However, the people I tend to meet in Europe are mostly either victims or perpetrators – and they are both genuine experts in their field of expertise in equal measures (i.e. at being scammed or doing the scamming).  I have met one or two good guys on the Continent, but they are pretty rare.

    I’ve had a quick look at the willy waggling Tweets by John Ralfe (clearly a legend in his own mind) to which Henry is referring.  Ralfe appears to be recommending that Henry should take up reading the work of Nobel Laureates. I have no doubt that should Henry ever feel the need for advice about what books he should read, he will know exactly where to go.   And, of course, Henry is far too much of a gentleman to tell this ignorant twerp where to go.  I, on the other hand, do not aspire to Henry’s high standards.

    So, Mr Ralfe, take your willy and waggle it somewhere else.

     

  • 10 essential questions for offshore advisers

    10 essential questions for offshore advisers

    Pension Life blog - 10 essential questions for you offshore advisersPension Life is working towards making offshore financial advisers more transparent. We have created a list of 10 essential questions for offshore advisers and their preferred answers. For too long precious pension funds been left in the hands of unqualified, unregistered advisers and unregulated financial advisory firms.

    Offshore advisers need to follow a strict set of rules just as UK-based ones do. Being offshore doesn’t mean you can invent your own set of rules for financial advice. However, it seems more and more people are being poorly and illegally advised in the transfer of their pension funds.

    Offshore advisers often use unnecessary insurance bonds to skim extra commissions without disclosing these commissions prior to the pension transfer. It is clear more information needs to be available to the clients of these ill-advised pension transfers. With greater transparency, pension holders would be able to make better informed decisions about advisers to whom they entrust their transfers. Also, they will have better knowledge of how to spot a pension scammer.

    With so many advisory firms out there, it is hard to know when your inner beacon should be flashing a bright red warning light telling you to just walk away. Pension Life has put together this list of 10 essential questions to ask your offshore adviser.

    If their answer points to the red warning light walk away – FAST!

    1. What are your qualifications – are you qualified to give advice on pension transfers? and what CPD have you done recently? Advisers giving advice on pensions must be qualified to a certain level. Click on the link above to read what these requirements are. Simply having a qualification isn´t enough. Advisers must be qualified to the correct level and they must have made an effort to complete the relevant continued professional development (CPD). In addition they must pay their membership fees to the institute with which they qualified. 
    2. Is the company you work for regulated for insurance and investments? If the answer to this question is NO – walk away – DO NOT take any financial advice from them. All companies who give financial advice on pension MUST be licenced to do this by being regulated for both. An insurance licence is not sufficient.
    3. Compliance. Is there a robust compliance department staffed by qualified personnel? If the answer is no walk away. 
    4. Do you use insurance bonds? If the answer to this is YES – walk away. If your pension goes into a SIPPS or a QROPS, it does not need two wrappers and therefore an insurance bond is just another way of the adviser making more money out of your fund though commissions – hence draining the value of your pension fund.
    5. Do you use structured notes, UCIS funds or in-house funds? If the answer to this is YES – walk away. Structured notes are for ´professional investors only´; they are high-risk and not suitable for a pension which is classed as a retail investment that should be placed into a low-medium risk investment.                         Pension Life blog - 10 essential questions for you offshore advisers
    6. Do you use a reputable firm for DB transfers? If the answer is NO walk away.
    7. Do you carry out a detailed fact-find to establish a client´s risk profile? If the answer is NO walk away.
    8. Do you disclose all the fees and commissions at the start? Often we hear of pension scam victims who have been told by their adviser that their pension review is free and no other fees or commissions are mentioned during the transfer process.  Once that transfer has completed the clients look at the pension fund value and find that a large chunk has been taken to cover various ´costs´. Every pension fund transfer will have some reasonable charges. However, many scammers apply extra charges and fees that are far above what is reasonable and proportionate. These are often undisclosed. Make sure that your adviser is able to provide – in writing – all of the costs.  Once you have these details, you will be able to make an informed decision as to whether you are happy for the transfer to proceed. 
    9. Do your clients get regular updates on the progress of their funds and have full access to check this for themselves? You should be able to check the progress of your pension whenever you want. However, a good adviser should provide you with a quarterly update. This should include any charges or fees incurred and any profit/loss made. A yearly review should also be carried out to ensure your pension fund is steadily growing with the right investments.
    10. How do you deal with customer complaints?

    Pension Life Blog - 10 essential questions for offshore chartered IFA´s - offshore chartered IFA - offshore chartered IFA´sIf your offshore adviser refuses to answer the questions or skims around an answer – just walk away. Anyone offering pension advice should adhere to certain criteria and he must be ready and willing to provide you with all the information you ask for. He should be fully transparent about all the details involved with your pension transfer.

    Once you have ensured that your adviser is fully qualified and regulated, and operates in a manner that is within your pension fund´s best interests, we would advise you to check out our other blog:

    10 essential questions to ask an IFA

    This blog covers pension options in a bit more detail.

  • Qualified and registered? Comments, complaints and feedback

    Qualified and registered? Comments, complaints and feedback

    Pension Life Blog -Who would have thought that the series of blogs, ….. company name … qualified and registered? would have caused such a stir? On one side I have anonymous readers attacking my words, on another I have grateful victims of pension scams thanking me for outing these companies.  From a third direction, I have IFAs telling me they are qualified but don’t bother to pay their membership fees.

    For those readers who follow Pension Life blogs,  I would like to say that comments in response to my postings – whether they be positive or negative – are almost always approved – there is nothing to hide, despite what some of the trolls may suggest. Interestingly, the trolls that continue to post their nonsense, hide behind anonymous names and titles – either because they are cowards or because they are involved in pension scams themselves.  However, comments which are clearly malicious and time-wasting, are popped into the spam bin. The trolls clearly hate the fact that we are educating the masses on how to avoid falling victim to a pension scam.

    The Globaleye Dubai – qualified and registered? blog has had a lot of comments:

    ‘You do realise that these databases only carry the names of subscription paying members.  I have 3 CII qualifications but do not pay their ‘admin’ fee so do not appear on the search.  Therefore, your comments are irrelevant!’ Jo Kerr

    If my comments are irrelevant, why take the time to respond? What we are trying to highlight in this series of blogs is that offshore advisers are operating without the correct qualifications (or even with NONE AT ALL) to advise on pensions and investments. Without the correct qualifications, how can a client be sure that the adviser is working to their specific needs – as well as in an educated and trustworthy manner? If they do not belong to an association like the CII, what does govern them and ensure they are an honest and qualified adviser? The point of being qualified in a specific area is to enable the qualified person to provide a professional service to the client – (just as important as for doctors, lawyers, mechanics or plumbers).

    Pension Life Blog - Pension scam - qualified and registered

    If you are paying someone to do a job, you want them to be qualified to the highest standard.  If they are not qualified appropriately, this is where ‘mistakes’ can happen. Whether it be by accident or on purpose (often because the defining factor is what earns the adviser the most commissions, rather than what is in the best interests of the client). Posing as a fully qualified IFA is simply wrong. Plus if you have the qualifications, then why not be proud of having them and pay the membership fee?  Be transparent; let all clients and potential clients know that you have devoted yourself to studying for and achieving these qualifications.

    Pension scams are no joke – they are not irrelevant to the victims whose lives have been left in tatters. Maybe “Jo Kerr” would like to field some of the calls I take – talk to victims who have lost their life savings by trusting unqualified, unregulated so-called advisers posing as fully qualified experts, placing hard-earned pension funds into toxic, high-risk investments, generally accompanied by high commissions. Maybe this callous joker could absorb some of the profound despair of the victims who are contemplating suicide. I guess you could simply say to them, ‘well I think it’s irrelevant’. But maybe you, like many other IFAs, just don’t care.  It is irrelevant to you what happens to the funds of the victims, as long as the investments make you fat commissions.

    Tell this victim of CWM’s ‘Blue chip notes’ pension scam – promoted by unregulated and unqualified IFAs that his loss is irrelevant:

    CWM Pension scam – A victim’s reconstruction

    The blogs we write at Pension Life are aimed at the public, the hard-working public who have saved much of their working life into a pension plan and want to put it somewhere safe.  It is therefore their right to know which companies and advisers are fully qualified and regulated and which are not. The public need to be able to make educated and safe investment decisions. They need to know what questions to ask their IFA. They need to know what companies have been involved in past pension scams. They need to know as much as possible about how to invest their pension wisely.

    Pension Life Blog - Pension scam - qualified and registered

    With these blogs I hope to better educate the masses so that pension scammers and fraudsters can be stopped in their tracks – worldwide. The series of qualified and registered blogs has exposed many unqualified and unregistered advisers who work in the industry. I don’t quite get why so many of the comments are then so negative to this transparency – I wonder what those who make the negative comments have to hide? Are they the ones who are involved in the pension scams and realise that their misdemeanours are being publicised?

    What I find most interesting, is that rather than question the companies as to the reason their IFAs lie about their qualifications, the readers placing the comments are more inclined to try to discredit me, my company and my staff.

    I wrote in a previous blog a response to questions about the companies I do not mention and I will repeat that here:

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

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

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

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

    I would like to thank CII Member for their comment in response to Jo Kerr:

    ‘As a member of the CII, I am appalled by all of this.

    ‘It is a membership fee, not an “admin” fee, for a professional body. Qualified members, by being paid members, sign up to a code of conduct. Some are claiming to be members and some are using CII designations after their names without being members. This is expressly not allowed by the CII. I cannot comment about the CISI, though I am sure they will have similar rules.

    The CII need to take firm action here to maintain the integrity of the Institute for those that are genuine, qualified members.

    Pension Life Blog - Qualified and registered? Comments, complaints and feedback - pension scams - qualified and registeredAs I have pointed out, any self-respecting adviser with qualifications is happy to pay their membership fee, and is horrified that others who hold the same qualifications do not bother to do so. This, therefore, enables anyone to state “I do hold the qualification – I just don’t pay the membership fee”.  If you have the qualification and are working as an adviser, why not pay the membership fee?  Qualified advisers refusing to pay leaves the door wide open for the fraudsters posing as qualified advisers to get away with committing fraud TIME AND TIME AGAIN. This blatant lack of regard for the system – QUALIFICATIONS NEEDED AND REGULATIONS – that has been built up over many years, enables the bad and the ugly to roam free – with new pension scams being hatched daily.

    Also to add, as CII Member does, you need a level 4 if not 6 with the CII to be fully qualified to give UK pension advice. A level 3 does not qualify you to advise on pensions – as our previous blog outlines.

    How many more victims of investment and pensions scams do we need to have before everyone in the industry can undertake that there needs to be 100% transparency and a worldwide register of regulated companies and their fully qualified and registered advisers – whether they are offshore or not?

  • OMI IPO Profit Warning

    OMI IPO Profit Warning

    OMI IPO Profit Warning – urgent please read carefully.

    Old Mutual International (OMI) have entered into an IPO – initial public offering. This means they have become a public company rather than a private one. Frequent readers of Pension Life blogs will know that OMI have featured heavily in our recent blogs with regards to issues with structured note provider Leonteq, the selling of fraudulent notes and their involvement in the CWM pension scam.

    But now it is very important that the public, and future potential victims of OMI, should be very wary of investing in this company.  I have serious concerns about the undisclosed current liabilities and future drops in profits.

    Pension Life Blog - OMI IPO

    I would like to disclose some information about OMI post IPO. Hopefully, this information will reach prospective buyers before they make any purchases of OMI shares.  Also, I can see no evidence that OMI have disclosed this information publicly to warn potential investors.

    ABOUT OLD MUTUAL INTERNATIONAL (OMI)

    • OMI – a company that happily uses high-risk, toxic, illiquid, professional-investor-only notes for pension holders’ funds
    • OMI – a company that refuses to take any responsibility for buying totally unsuitable products which end up destroying innocent victims’ hard-earned retirement savings
    • OMI IPO  – a strategic move forward to make more money from the unsuspecting public – whilst sweeping their past misdemeanours under the carpet

    Pension Life Blog - OMI IPOFirst, let me explain a little more about what an IPO is:

    An IPO means that the company can sell stock to the public. Therefore, if a company seems viable to the public, investments into it will be made and these investments will make the company a lot of money.

    An IPO can be seen as an exit strategy for the original founders of the company. The shares that are being sold to the public would originally have belonged to the founders and early investors of the company.

    An IPO is a way for the original founders to claw back monies they may have invested into the company at the outset.

    “Why go public, then? Going public raises a great deal of money for the company in order for it to grow and expand. Private companies have many options to raise capital – such as borrowing, finding additional private investors, or by being acquired by another company. But, by far, the IPO option raises the largest sums of money for the company and its early investors.”
    Information from https://www.investopedia.com/university/ipo/ipo.asp

    This does, however, mean that:

    • The Company (in this case OMI) becomes required to disclose financial, accounting, tax, and other business information

    So I wonder if the OMI IPO has disclosed the following information to warn the public of underlying liabilities which will inevitably affect future profits and net asset value:

    Between 2012 and 2016, OMI purchased £94m worth of fraudulent structured notes from Leonteq; presumably, a further £94m of non-fraudulent (but still unsuitable) notes from Leonteq; probably a further £94m worth each of Commerzbank, Royal Bank of Canada and Nomura (many of which performed as badly as the Leonteq fraudulent ones incidentally).  Therefore, we could be looking at £470 million worth of structured notes with losses of at least £100 million – probably substantially more.  And up to half of this could lie with the victims of the CWM scam.

    The term sheets of the Leonteq notes clearly stated:
    “Given the complexity of the terms and conditions of this Product, an investment is suitable only for experienced investors who understand and are in a position to evaluate the risks associated with it.” 
    and
    “Products involve a high degree of risk, including the potential risk of expiring worthless. Potential Investors should be prepared in certain circumstances to sustain a total loss of the capital invested to purchase this Product.”
    This information about OMI purchasing £94m worth of the fraudulent notes is not hearsay on my part  – as is sometimes suggested in the comments on Pension Life’s blogs – any doubters can follow the link to the High Court of Justice of the Isle of Man Civil Division dated 20 March 2018 and read these details.
    Pension Life Blog - OMI IPO OMI

    OMI IPO Profit Warning

    It would seem that the OMI IPO is a way for the company to make more money or just get out of losing money. With the High Court proceedings hanging over their heads, there is a chance that they will find themselves heavily in debt if they are instructed to pay back the crippling losses involved.

    Pension Life Blog - OMI IPO

    Going public and selling their shares – what better way is there to avoid taking a massive hit and losing money. Just let more innocent victims buying these shares take the hit on OMI´s past mistakes.
    How long can OMI continue to turn a blind eye to the toxic crap they sold – the pension funds they helped destroy?  With High Court proceedings underway, alongside their IPO, surely it is only a matter of time before OMI will be forced to air their dirty laundry!
    My biggest concern about OMI‘s provisional accounts for the period up to June 2018, is that there is no evidence of any provision for the substantial losses likely to be suffered as a result of buying so many toxic structured notes – including the fraudulent Leonteq ones.  There could easily be up to half a billion pounds’ worth of structured note losses due to OMI’s negligence and incompetence.  However, on top of this, there could easily be millions – if not billions – worth of toxic, failed UCIS funds which were offered on OMI’s platform.  These dreadful funds included LM, Axiom, Mansion and other worthless and/or Ponzi schemes.

    If I were a potential investor in OMI, I would ask myself why they haven’t used the £8.365 billion worth of profits they’ve just declared to compensate their thousands of victims who are facing crippling losses to their retirement funds.  I would also think seriously about highly-likely sharp drops in OMI’s profits in the very near future.  And if I were an investment adviser to any individual considering buying shares in OMI, I would firstly give them a dire profit warning, and secondly ask whether it is right to invest in such an unethical firm.

     

  • OLD MUTUAL INTERNATIONAL V LEONTEQ CASE MOVED TO LONDON

    OLD MUTUAL INTERNATIONAL V LEONTEQ CASE MOVED TO LONDON

    Old Mutual International filed a High Court application on 16th March 2018. 

    On 20.3.18, Old Mutual obtained a judgment in the High Court of Justice of the Isle of Man (Case Reference 18/0012).  His Honour The Deemster Doyle, First Deemster and Clerk of the Rolls delivered his determination to OMI’s lawyer, Elizabeth Simpson of Simcocks.

    But now Leonteq has been successful in having the proceedings transferred from the IoM to London.  This will considerably help Leonteq and hinder OMI.

     

     

    OMI’s case is that they are the victims of a fraud.  Between 2012 and 2016, OMI invested approximately £200,000,000 in structured notes sold by Leonteq.  The purchase of these notes was “conducted” on the truthfulness of representations made by Leonteq as to the amount of fees and costs to be deducted from the investments.  OMI’s case is that what Leonteq claimed was false and fraudulent.  The investments performed poorly as a result of the excessive level of fees.  The losses are currently estimated to be well over £20,000,000 (although it is expected that this will increase – especially with the current devasting share price falls due to Covid 19).

    OMI’s case against Leonteq is on the basis of fraudulent misrepresentation, conspiracy, constructive trust, breach of fiduciary duty, knowing receipt, dishonest assistance and unjust enrichment.

     

     

    Let us look in some detail at the above aspects of the case.

    Leonteq Securities has gone from strength to strength since this fraud began – despite the disgrace of this criminal matter.  Their net profit in the first half of 2018 was declared as £30.73 million, and turnover £104.31 million – up 36% on the previous year.  My first question is: are they still selling ultra high-risk structured notes?  My second question is: what was the difference between the “ordinary” notes which paid 6% commission to the scammers, and the fraudulent notes which paid 8% to the scammers.  Were the latter 33% more risky?  Looking at the victims’ statements, it is impossible to tell the difference between the 6% notes and the 8% ones.  There is no obvious higher failure rate – they just all look equally dire.

    Right in the middle of the OMI/Leonteq matter, it was announced in 2014 that two salesmen were going to be added to the London branch: Walter Treur and Anders Stromberg joined on 25/27 June 2014.  Treur was ex Commerzbank – another provider of toxic structured notes which also failed dismally and caused catastrophic losses to the Continental Wealth Management’s victims – and Stromberg was ex JP Morgan and Credit Suisse (although he had been unemployed for some time).

    Another Leonteq employee, Michael Hartweg, left his job as deputy chief executive to spend all his time flogging the new business of toxic structured notes.

    So, it is clear that Leonteq was making a lot of money out of these products.  But, the question remains: was Leonteq complicit in fraud – or were they blissfully ignorant and just grateful for the huge profits they were pulling in?  

    In my humble view, structured notes are like a lot of other products which – if properly sold and used – can, in some cases, be beneficial/useful/enjoyable/harmless, but – if irresponsibly or inappropriately sold – can be deadly.  Examples are: tobacco; alcohol; pornography; rat poison; fireworks; painkillers; kitchen knives; peanuts; plastic bags; cannabis.

    Structured notes are “FOR PROFESSIONAL INVESTORS ONLY AND NOT FOR RETAIL DISTRIBUTION AND WARN OF DANGER OF LOSING PART OR ALL OF AN INVESTOR’S CAPITAL”.

    I wonder which bit of that OMI failed to understand.  They bought £200 million quid’s worth of the fraudulent 8% notes – how much of the 6% ones did they buy?  We know that a large chunk of these went to the Continental Wealth victims and caused devastating losses.  But that was just Leonteq – there was also Commerzbank, Royal Bank of Canada, Nomura and BNP Paribas.  And there wasn’t just OMI – there was SEB and Generali doing the same thing.

     

    Let’s be honest, the whole thing was a fraud.  In the Continental Wealth Management case, CWM was a fraud; the structured notes were a fraud; the insurance bonds were a fraud; the hidden commissions on everything were a fraud.  No party comes out of this with any honour.  But, we must also bear in mind that OMI bought £200,000,000 of this toxic, fraudulent crap and allowed it to be used as investments for retail, low-risk pension savers.  Additionally, OMI accepted dealing instructions from an unregulated firm which was selling the insurance bonds illegally.  But let us not forget that Generali and SEB were just as bad.

    Maybe Leonteq and OMI will volunteer to settle without a bloody legal battle – from which only the blood-sucking lawyers will win.  The millions that both Leonteq and OMI will be paying over the coming months and years would be better spent on paying redress to the real victims in this disgraceful debacle – the Continental Wealth Management clients who entrusted their life savings to the scammers, the life offices and the structured note providers such as Leonteq – but let’s not forget Commerzbank, Royal Bank of Canada and Nomura.

     

     

     

     

     

     

     

     

  • DAVID VILKA’S VILE US ATTORNEY

    DAVID VILKA’S VILE US ATTORNEY

    David Vilka of Square Mile International Financial Services has exactly the sort of lawyer one would expect: a scammer’s lawyer.  Unsurprisingly, this dope can’t even spell Vilka’s victim’s name and has referred to him as “Mr Sexton” as opposed to “Mr Sefton”.  But, again, this is no surprise.

    What I must challenge, however, is the fact that Mr. Sefton has referred to this clown as a “two-bit lawyer”.  I really don’t think this is true – as he is a one-bit lawyer at best.  He has a couple of glowing client testimonials going back to 2016 and 2015 on his amateurish website, and displays no evidence of experience or expertise in the arena of British pensions (and why would he? – he’s purportedly practising US law in the US).

    One might forgive Mr. Davies for not understanding anything about UK pensions in general and pension scammers like David Vilka in particular, but to immediately jump into a firm conclusion that there has been defamation against his client shows that he hasn’t even made a one-bit attempt to understand what his client has been up to – or how many lives (like Mr Sefton’s) Vilka has ruined.

    I must admit I am used to dealing with a much better class of scammers’ lawyer.  Take DWF, for example: this large firm carelessly lost a team of 20 lawyers to rival Trowers and Hamlins a couple of years ago.  This wasn’t long after they were caught representing both sides in a case: the Insolvency Service in the winding up of Capita Oak, and Stephen Ward who handled the transfer administration in the same scheme.  But at least they dealt with the embarrassment of acting for both the poacher and the gamekeeper with a degree of dignity and elegance – a class act indeed.  DWF comes into the same league as my other legal chums – including Carter Ruck and Mishcon de Reya.  So, you can see I am more used to dealing with professional firms rather than twerps like this Mr Davies.

    Mr. Davies is referring to the UCIS investment scam, Blackmore Global, which was illegally promoted to retail investors – and which is a fraud from start to finish.

    Anyway, I have answered his absurd email below with my usual comments in bold.

    ————————————————————————————————-

    LOWELL DAVIES LLP

    July 14, 2018

    Ms. Angela Brooks,  Director of Pension Life

    Re: Defamation of Mr. David Vilka and Square Mile International

    Dear Ms. Brooks:

    I am an attorney You may well be, but you are clearly a US attorney – and that does not qualify you to deal with a matter which involves UK pensions

    and represent Mr. David Vilka Bad luck

    with respect to the defamatory article I never write defamatory articles – I only write the truth

    published on your on-line site. Specifically, this complaint relates to the misstatements and misrepresentations made on

    the following site:

    BLACKMORE GLOBAL FUND – ASSET OR BLACK HOLE?

    If I might sum up, each and every defamatory allegation with regard to Mr. Vilka and Square Mile International you assert are sourced to one disgruntled individual, Stephen Sexton, none of which allegations are supported by any evidence whatsoever.  Wrong.  Mr. Sefton is one of a number of victims of Vilka’s scams – many of which were invested in the same toxic, illegal UCIS fund as Mr. Sefton – Blackmore Global – and others were invested in other similar investment scams.  Blackmore Global is run by another scammer, Phillip Nunn, who – along with his partner in crime Patrick McCreesh – ran the cold calling and lead generation services for the Capita Oak and Henley pension scams, now under investigation by the Serious Fraud Office.

    Mr. Sexton was an unsolicited client of Mr. Vilka and Square Mile who had a substantial pension and for personal reasons of his own wanted to switch his pension and draw down sums for his personal use.  When he says “unsolicited” he means not cold called, as was usually the case with Vilka.  Vilka lied about being regulated to provide pension and investment advice, and the rest is history: Mr Sefton’s life savings were invested in two UCIS funds which were habitually promoted by Vilka: Blackmore Global and Symphony.

    The switch in pension plans resulted in what Mr. Sexton felt were unreasonable fees (None of which went to Mr. Vilka or Square Mile). I wonder if this idiot would like to explain why Mr Sefton was put into a QROPS when he was a UK resident?

    And despite the fact that Mr. Vilka was able to personally intervene and get Mr. Sexton’s monies returned less a nominal fee, Mr. Sexton continued to complain and when Square Mile attempted to make up even this nominal fee on its own part, Mr. Sexton continued to complain because he refused to sign a boilerplate settlement agreement containing a standard confidentiality agreement.  It is true that Mr Sefton did, eventually, get around 85% of his original investment back – but only after a dogged fight which was backed up by the pension trustees Integrated Capabilities.  There was no intervention by Vilka.

    In your post on the Blackmore Fund you have the temerity to cast defamatory aspersions on Mr. Vilka and Square Mile based on your “strong suspicion” and you go on to assert they must have a “strong vested interest in promoting this black hole of a fund.”  Why else would scammers such as Vilka promote such a fund?  It is a UCIS, with no independent audit to verify whether the purported assets even exist.  

    Really? What proof of that would you have?  Vilka must have had a very strong reason to promote the Blackmore Global investment fraud – why else would he have invested a further 64 victims’ pensions in this UCIS?  This was a bunch of people he scammed into transferring their pensions to a Hong Kong QROPS.

    And since you have none, we demand you remove this article and/or any reference to Mr. Vilka or Square Mile.  I have plenty of evidence thank you.  

    Let me advise you that Mr. Vilka and Square Mile, contrary to your specious aspersions, are heavily regulated as is the industry.  “Heavily”?  What you actually mean is that neither Vilka nor Square Mile is regulated for pension or investment advice – only insurance mediation.

    The Sexton matter was thoroughly investigated at the time by the appropriate regulators who found no irregularities.  You don’t know that.

    Mr. Sexton is not nor was he a perplexed victim of Mr. Vilka or Square Mile. He most certainly was – as Vilka and his accomplice John Ferguson know full well.

    His pension is worth well over half a million pounds. No it isn’t.  Did you do maths at school?

    He read and signed multiple acknowledgements before he switched pensions showing very clearly that he knew what he was investing in and the inherent risks involved.  No he didn’t.  It was never disclosed that the scammers were going to invest his pension in a UCIS fund which is illegal to be promoted to retail UK investors.

    And again, significantly, he was not cold-called. He sought out Mr. Vilka and Square Mile. Nor did Mr. Vilka or Square Mile receive any payment from the Blackmore fund or its partner firms regarding Mr. Sexton’s transaction as confirmed by the Czech National Bank which has direct access to Square Mile’s company bank accounts via an electronic data box.  Are you talking about the accounts which haven’t been updated since 2014?

    In sum, there is no bases whatsoever for the specious and actionable statements you make in your referenced post with regard to Mr. Vilka and Square Mile International.  I think you mean basis – and yes, there is a solid basis for all the statements I made in my post and not a single one of them is “specious” (although I am amazed you have even heard of the word).

    Your comments have caused Mr. Vilka and Square Mile reputational damage, among others, and you are hereby instructed to delete the post immediately.  I sincerely hope that the impact of my blog has caused Vilka and his accomplice Ferguson to turn over a new leaf and arrange to pay compensation for Mr. Sefton and all their other victims who have lost part or all of their pensions to the Square Mile scams.

    Your failure to do so will result in further damages to Mr. Vilka and Square Mile International, the accrual of further legal fees and costs, and the likelihood of litigation, all of which damages and costs we will recover from you.  Good luck with that.

    If you have any questions or concerns or require further information, please don’t hesitate to contact me directly at (206) 319-3533. I look forward to confirmation of the removal of the identified defamatory materials. Thank you in advance for resolving this matter expeditiously.  I have no questions, other than to enquire as to when your client intends to pay redress for the losses caused by his fraud.

    Best regards,

    LOWELL DAVIES LLP

    Douglas Davies Attorney at Law

    8497 Hemlock Drive

    Bainbridge Island, WA 98110

    Direct Line: (206) 319-3533

    doug@lowelldavies.com

     

  • Qualified & registered? We do not need to be – we are offshore!

    Qualified & registered? We do not need to be – we are offshore!

    Pension Life followers will know that we have been conducting a series of blog investigations – “qualified & registered?” into offshore pension companies offering financial advice for retail pension investments. Some of the data we have collated is rather worrying – the purpose of this blog is to rank the companies in order of their scores.

    The blog series certainly seems to have caused a stir among these companies with one company stating that the CII is an old company and that if you work offshore you don’t need to be registered within the UK. They state that there are other qualifications that mean you are able to give pension advice.

    At Pension Life we believe that all financial advisers should be appropriately qualified as well as registered with the institute from which they gained their qualifications.  If they are a good, trustworthy FA then why would they object to these requirements? With so many rogues out there, and the figures of financial fraud totting up to millions, an honest FA should be proud for their name to appear on all the professional institutes’ registers to which they claim they are qualified.

    We feel strongly that even if your company is based offshore, if you are working with UK pensions then you need to be qualified and registered to UK standards – and nothing less.

    The three professional institutes’ qualifications needed to be properly qualified to advise on pension planning are:

    • CII
    • CISI
    • LIBF

    and the qualifications need to be at least level 4 – if not level 6.

    More information about these qualifications can be found in our blog Qualified or not qualified? That is the question. Whilst a person can obtain a qualification in financial advice, they must obtain a certain level to be able to advise on pensions.

    Belgravia Wealth – qualified and registered? 0%

    Callaghan QROPS Spain – qualified and registered? 0/2 – 0%

    Seagate Wealth Management Spain – qualified and regulated? 0/6 – 0%

    Square Mile International Financial Services – qualified and registered? 0%

    Robusto Asset Management – qualified and registered? 0%

    Woodbrook Group – qualified and registered? 1/26 – 3.8%

    Globaleye Dubai – qualified and registered? 3/15 – 20%

    Spectrum IFA Group – qualified and registered? just 4/16 – 25%

    and this is where we see the problems with fractional scamming: these companies use their unqualified financial advisers (who are more like blood sucking salesmen) to lure the customers in, then they stick them in an entirely unnecessary insurance wrapper AND then invest the victims in whatever toxic funds pay the highest commission.

    Each ‘adviser’ – qualified or not – creams their bit off the top of the pension fund.  Generally, this means that by the time the fund arrives at its final destination, a large chunc has been taken to cover the many fees and commissions for the various parties’ ‘hard’ work.  Also, we are increasingly seeing retirement savings having two ‘wrappers’, i.e. as well as the QROPS itself, there will be an insurance bond (which will pay the slick-talking salesman up to 10% – a commission which will be carefully concealed).

    Have a look at our blog 10 essential questions to ask your IFA, this blog was compiled with the help of Pension Life members who have fallen victim to pension scammers. They agree that if they had known the right questions to ask they may have avoided losing huge chunks of their pension fund.

    Blevins Franks Spain are top dog in this investigation, they have scored highly with 17/19 of their advisers appearing on at least one of the three registers.

    Blevins Franks Spain 89.5% qualified and registered!

     

  • Callaghan QROPS Spain – qualified and registered?

    Callaghan QROPS Spain – qualified and registered?

    Pension Life Blog - Callaghan QROPS Spain - qualified and registered? - Graeme CallaghanIf you have been following Pension Life´s blogs, you will know that we have been conducting a series of investigations into qualified and registered financial advisers in various firms. Today is the turn of Callaghan QROPS Spain – qualified and registered?

    IFAs and their clients are invited to add to it, correct it, improve it. Here’s a link to the three registers if you want to double check:

    http://www.cii.co.uk/web/app/membersearch/MemberSearch.aspx

    https://www.cisi.org/cisiweb2/cisi-website/join-us/cisi-member-directory

    https://www.libf.ac.uk/members-and-alumni/sps-and-cpd-register – Claim to a DipFA

    Please note that this data is correct as at today, 11/07/2018

    **********

    What Callaghan QROPS Spain say about themselves:

    “Located in Cabo Roig, Alicante, GC QROPS has a long history of assisting UK Expats with their pension transfers. Our pensions advisors are all UK Qualified and Registered IFAs and give up-to-date informed evaluations with a no obligation policy running throughout the company.

    Graeme Callaghan Pension Services has been successfully assisting UK expats in Spain with UK pension transfers for 9 years since 2006. We have assisted in over 500 successful UK pension transfers for UK Pensioners.”

    Callaghan QROPS Spain claim they have been advising UK expats on their pension transfers for nine years – with this claim, let’s hope Callaghan QROPS Spain has advisers which are qualified and registered? Can this firm score a better percentage than some of the other companies of the past weeks?

    Callaghan QROPS Spain – advisers qualified and registered?

    Upon clicking on the ´Our Advisers´ tab on Graeme Callaghan´s website, I was presented with this statement:

    ´All our advisers are U.K qualified. We offer a free no obligation assessment on all your existing plans. Including your U.K pensions, your existing QROPS and ISA’s.

    In some circumstances our advisers will travel to your country of residence. We can also arrange for your travelling requirements to one of our offices in Spain.´

    Pension Life Blog - Graeme Callaghan - Callaghan QROPS Spain - qualified and registered? Callaghan QROPS Spain

     

    With no links to any real person to represent this Callaghan QROPS Spain firm, it is very hard to make a judgement on who you are entrusting you valuable pension fund to. Callaghan QROPS Spain do little to give a true representation of their firm with no transparency about their staff or their qualifications – I was unable to even find a picture of Graeme Callaghan himself. They do however mention that they are looking for UK qualified financial advisers.

    What I did find was a host of testimonials from Hollywood movie stars and professional sports persons etc etc assuring me that Callaghan QROPS Spain had supplied, ´Top Service´, and were ´Highly recommended´.

    What I find hard to grasp is that Callaghan QROPS Spain managed to go to all the effort of giving a long list of testimonials, but were unable to take the time to put anyone in their ´Our Advisers´ tab. Surely a reputable financial advisory company would be proud to show their qualified and registered IFAs who give ´top service´ to pension holders?

    Pension Life Blog - Callaghan QROPS Spain - qualified and registered? - Callaghan QROPS Spain - Callaghan As shown in the image above there were lots of links to social media, so I chose to follow the Facebook one first. Here I was able to find an image of Graeme Callaghan of  Callaghan QROPS Spain (and I also found out they were Callaghan QROPS Portugal too).

    On his facebook page dated 06/07/2018 he states: ´Find us ranked on page one by Google with an ”Evergreen QROPS” search. We are assisting multiple members of this scheme with transfering to a scheme recognised on the HMRC website. Contact us for a free no obligation assessment on your existing QROPS or UK pension´.

    Those of you who are familiar with the CWM pension scam debacle and the Evergreen QROPS liberation scheme will know that this pension scam was hustled by unregulated and unqualified advisers and resulted in members losing massive percentages of their pension funds when CWM collapsed. Furthermore, the victims of this scam face large tax bills from HMRC after they received Stephen Ward’s Marazion “loans” on their pension transfers.

    How the Evergreen QROPS and Marazion Loans pension scam worked.

    Graeme Callaghan is also using the threat of Brexit as a compelling reason for expats to move their pension fund into a QROPS.  It is questionable whether Brexit will have any effect at all on expats’ pensions and many firms are using this as a “scare tactic” to get people to transfer into a QROPS – often entirely unnecessarily.

    As I have no other staff to go on for Callaghan QROPS Spain, I am going to check the registers for Graeme Callaghan himself. Interestingly on his Facebook profile he states he studied at City University London, but he fails to mention what subject he studied there.

    Graham Callaghan – Director? Sole financial adviser? Position unclear – however he seems to be the owner of Callaghan QROPS Spain – IS NOT LISTED ON ANY OF THE REGISTERS FOR FINANCIAL ADVISERS.

    Callaghan QROPS Spain – qualified and registered? 0/1 – 0% 

    EDIT: a search through Linkedin of Callaghan QROPS Spain revealed that there is in fact another employee, Dylan Callaghan. Listed job role of UK Pension Adviser at Graeme Callaghan Pension Services, he too went to went to University of London where he apparently studied for an MBA. 

    Despite stating that he is a UK pension adviser for the company, he lists no financial qualifications and does not appear on any of the three registers. Therefore, Callaghan QROPS Spain – qualified and registered? 0/2 employees 0%.

    Other claims by Callaghan QROPS Spain: Callaghan Financial Services can advise on the whole of the QROPS market and we are not tied to one jurisdiction. Really?  And how do you manage that? You are an unregulated company, with zero qualifications.

    “We believe part of our success is due to offering a free no obligation assessment on all your existing plans.” Here at Pension Life we are always supicious of the word ´free´.

    If I was looking to swap my pension plan I would steer clear of Callaghan QROPS Spain.

    Unqualified, unregistered, unregulated and non-transparent – this company is no place for your pension fund – even if Eric Roberts (Hollywood Actor) states they are an excellent company!

    CWM Pension scam – A victim’s reconstruction

     

     

     

  • Woodbrook Group – qualified and registered?

    Pension life blog - woodbrook group - qualified and registered?

    If you have been following Pension Life´s blogs, you will know that we have been conducting a series of investigations into qualified and registered financial advisers in various firms. Today is Woodbrook Group – qualified and registered?  See question 5 on our blog about the ten essential questions to ask any advisory firm you are considering using:

    10 essential questions to ask an IFA

    IFAs and their clients are invited to add to it, correct it, improve it. Here’s a link to the three registers if you want to double check:

    http://www.cii.co.uk/web/app/membersearch/MemberSearch.aspx

    https://www.cisi.org/cisiweb2/cisi-website/join-us/cisi-member-directory

    https://www.libf.ac.uk/members-and-alumni/sps-and-cpd-register – Claim to a DipFA

    Here’s what Woodbrook Group say about themselves:

    “Woodbrook Group is an international firm of financial advisors. We are proud to be independent as we are not owned by any financial institution or life insurance company. This makes us different from the majority of financial advisory companies which means we offer you unbiased and impartial advice.

    Pension life blog - Woodbrook Group - qualified and registered? Woodbrook Group Woodbrook

    Every individual has unique dynamics, goals and attitude to risk. Our team of highly experienced financial consultants can help you to identify your personal needs and devise professional solutions and services that are customized to your unique situation, objectives and goals.

    Woodbrook Group is licensed to provide the investment services of investment advice.”

    Woodbrook Group advisers – qualified and registered?

    Despite stating the company operates in 30 different countries, I was unable to find any list detailing the members of their advisory team. They do, however, state that Woodbrook Group is authorised and regulated by the Cyprus Securities and Exchange Commission (No: 297/16) and subject to the requirements of the EU’s Markets in Financial Instruments Directive (MiFID).

    I found three names connected to this company via their website media page: Michael Doherty, who states he is the CEO; Andrew Heath, who is listed as office manager in Spain; Mark Slevin, listed for Cyprus office.

    Michael Doherty – CEO – no financial qualifications listed – two people called Michael Doherty appear on the CII register with DipPFS so there´s a possibility he could be one of them – although I doubt it as one is based in Manchester and the other in Chester:

    http://www.cii.co.uk/web/app/membersearch/MemberSearch.aspx?endstem=1&q=n&n=michael+doherty&c=&ch=0&p=0

    Andrew Heath – Country Manager Spain – spent the last 15 years providing Financial Offshore solutions however there is no mention of ANY financial qualifications

    Mark Slevin – Regional Manager – Cyprus office – not listed on any of the three registers

    However, through Linkedin, I have found further employees who are listed as purportedly working for Woodbrook Group.

    I will, therefore, use this list for Woodbrook Group “advisers” – qualified and registered.  However, the biggest concern about Woodbrook is that it is promoting structured products.  Victims of the Continental Wealth Management scam will undoubtedly join in the warning about any adviser that uses structured notes as these are for professional investors only and are very risky.  Of course, structured note providers do pay handsome introduction commissions of up to 8% (for the fraudulent Leonteq ones) – and that is one compelling reason to avoid any advisory firms which use these products.

    https://www.linkedin.com/search/results/people/?facetCurrentCompany=%5B%226237866%22%5D

    Woodbrook Group advisers – qualified and registered? Employee list:

    Hamaza Ali Kahn – Business Development Manager – Masters degree in Marketing Management no financial qualifications

    Michael Allen MBA – Senior Business Development Manager – claims he advises in UK Pensions Transfer (QROPS) – No mention of any financial qualifications only business qualifications

     

    Bálint Andrea – Partner Hungary and Slovakia – qualifications claimed – The Open University Postgraduate Finance, General

    Robert Bennett – Senior Wealth Manager – claims CII but only to level 3 (need level 4 plus for Pension advice)

    Graeme Blyth – Senior Consultant – Marbella – previous position include Wealth Manager – No mention of any financial qualifications

    Sławomir Boguta – Financial ial Consultant Warsaw – qualifications claimed MBA, Marketing Management – No financial qualifications claimed

    Andrew Broadband – Financial coordinator – Education states ‘some college’ no mention of any financial qualifications

    Christina Doherty – Director – No financial qualifications claimed

    Florin Dragan – Financial Consultant – qualifications claimed BBA, work history in sales -No financial qualifications claimed

    Mark Dudgeon – Wealth Manager Cyprus – claims CISI – DOES NOT APPEAR ON THE REGISTER

    Constantinos Fieros – Independent Financial Adviser – claims an MBA but no financial qualifications

    Steven A Green – Financial Consultant palm area – qualifications claimed: Chartered Institute of House – No mention of any financial qualifications

    Bert Grobler CISI – Financial Consultant – claims a qualification in CISI – Does appear on the register as Gysbert Grobler ACSI – WELL DONE Bert!

    Terry Heath – Business Development Manager – claims qualifications in science and geography, no mention of financial qualifications

    Adel Jones – Financial Consultant Hungry – specialities life savings, pensions… – No financial qualifications claimed

    Tomas Koolhaas CISI  – Business Development Lead CEE – claims a Masters Degree,
    University of Amsterdam Finance and Financial Management Services and CISI – DOES NOT APPEAR ON THE CISI REGISTER

    Josh Melcher  – Senior Financial Consultant Hungary – Strong finance professional graduated from Algonquin College, no mention of official financial qualifications

    Senan Mc Gonigle FCA – Country Director Cyprus – claims FCA – was unable to check claim through the website: https://www.charteredaccountants.ie

    Maria Milaj – Group Compliance Officer, Cyprus – previous positions include Pensions Expert – qualifications claimed Budapest Business School – Finance and Accounting.

    James Peoples – Business Development – MSC in Social sciences NO financial qualifications

    Jason Truesdale – Country Manager Hungary, Slovakia and Croatia – No financial qualifications claimed

     

    Jacob Walters -Senior Partner (Europe) & Head of UK pension transfer Division – claims a host of financial qualifications including CISI – DOES NOT APPEAR ON CISI REGISTER

    Omer Zahid – Business Development Manager – No mention of any financial qualifications

     

     

    Woodbrook Group advisers – qualified and registerered. Just 1/26

     

  • Globaleye Dubai – advisers qualified and registered?

    Globaleye Dubai – advisers qualified and registered?

    Globaleye dubai - qualified and registered?If you have been following Pension Life´s blogs, you will know that we have been conducting a series of investigations into qualified and registered financial advisers in various firms. Today: are Globaleye Dubai’s advisers qualified and registered?

    IFAs and their clients are invited to add to it, correct it, improve it. Here’s a link to the three registers if you want to double check:

    http://www.cii.co.uk/web/app/membersearch/MemberSearch.aspx

    https://www.cisi.org/cisiweb2/cisi-website/join-us/cisi-member-directory

    https://www.libf.ac.uk/members-and-alumni/sps-and-cpd-register – Claim to a DipFA

    Please note that this data is correct as of 9am 04/07/2018

    Globaleye Dubai – qualified and registered? Team list:

    Tim Searle – Chairman – Claims CII – appears on the register – United Arab Emirates International

    Bart Kendall – Head of Wealth Management – Claims CII and CISI qualifications – does NOT appear on EITHER register

    Graham Pascal – Vice President – Claims CII – does NOT appear on the register

    Benjamin Searle – Operations Manager – No claims to any qualifications and not on any list

    Rupert Searle – Marketing Manager – Claims CII – does NOT appear on the CII register

    Kapil Dev Sharma – Senior Wealth Manager – Claims CII – does NOT appear on the register

    Tony Ashton – Senior Wealth Manager, Client Services – Claims CII membership – does NOT appear on the register

    Lourens Oberholzer – Senior Wealth Manager – Does not state any qualification – DOES appear on the CISI register with an ACSI

    Blair Wilson – Wealth Manager – Does not state any qualification – DOES appear on the CII register

    David Ellis – Wealth Manager – Does not state any qualification – does NOT appear on any register

    Duncan Eastwood – Wealth Manager – Claims CII – does NOT appear on the register

    Raju Butaney – Wealth Manager – Does not state any qualification – does NOT appear on any register

    Maurice Cassan – Wealth Manager –  Does not state any qualification – does NOT appear on any register

    Sameer Alam – Wealth Manager – states he has an MBA, no mention of Financial qualifications – does NOT appear on any register

    Yolan Ebert – Wealth Manager – Claims CII qualification – does NOT appear on the register

    James Marks – Senior Wealth Manager – Claims a host of CII qualifications – does NOT appear on the register

    Globaleye Dubai – qualified and registered? 3/15

    Just 20% qualified and registered!

    Globaleye Dubai – qualified and registered? 80% of staff unregistered!

     

     

  • FNB International Trustees – Guernsey

    FNB International Trustees – Guernsey

    Pension Life Blog - FNB International Trustees Guernsey - Manita Khuller - standing up for justice

    FNB International Trustees Guernsey has been caught facilitating financial crime.  With their pants firmly around their ankles, they are now trying to “defend” their actions using law firm Carey Olsen and are threatening the victim of this crime with adverse costs.  And this is what we always find so hard to comprehend: a trustee firm has been caught clearly acting negligently and complicit in a scam, and yet they are now attacking their own member for exposing the trustee’s negligence and pursuing the victim for damages.  Let us hope we can trust in the judge to ensure FNB International acknowledges the difference between right and wrong: the firm took business from unregulated scammers and without question that was wrong.

    We must also bear in mind that there is a regulator in Guernsey, and if he is sober and awake, we might even mention this matter to him and see if he is interested in doing a wee bit of regulating.

    Pension Life Blog - FNB International Trustees GuernseyAnd thus it always is: the perpetrators of financial scams fight back hard against their victims with fancy, overpaid lawyers (in fact, one pension scam victim calls them “bloodsuckers”).  In my view, these lawyers are just as bad as their guilty clients.  Any self-respecting lawyer ought to refuse to represent those who facilitate scams which ruin innocent victims.  And any self-respecting judge should see through such obfuscation tactics in court.

    In a nutshell, FNB International Trustees (Guernsey – one of the World’s worst jurisdictions for accepting dodgy business from unlicensed scammers) permitted, and even encouraged, irresponsible investments which only served to earn the scammers commissions at the expense of the investor/member.

    The victim, Manita Khuller, had started with a final salary pension of £331,000.  In 2011, while living in Thailand, she was advised to transfer the pension to a QROPS by unregulated scammers – Professional Portfolio International Ltd (PPI).  Her adviser was Gary Bradford and he was operating illegally in Thailand and is now under criminal investigation by the Economic Crime Division of the SEC in Thailand.  Bradford and his accomplice Eric Jordan could each face up to five years in jail.

    The transfer of Ms Khuller’s valuable Unilever final salary scheme was accepted by Guernsey-based FNB International Trustees.  The firm claims to have “over 40 years pedigree in the provision of fiduciary services, with the expertise to meet your every need”.  So, this so-called pedigree and expertise ought to have started with:

    • Bearing in mind our aim is to meet your every need, is your adviser regulated?  (Because if he isn’t, we won’t accept the transfer or any investment instructions).

    FNB either established that PPI was not regulated – and didn’t care, accepting the business anyway – or they didn’t bother to check in the first place.  Whichever way round it was, FNB was clearly negligent.  The firm should have checked on PPI’s regulation, and when it discovered that FNB was unregulated, it should have refused the transfer and insisted it would only accept the transfer if Ms Khuller was represented by a regulated adviser.

    FNB International Trustees then accepted investment instructions from unregulated PPI to purchase a Skandia insurance bond.  These so-called “single-premium bonds” serve no purpose other than to pay the scammers high commissions; tie the victim into an early-exit-penalty period of between five and ten years; and cause a serious drag on the fund with the crippling quarterly “management” charges.  These bond providers never do any actual “managing”, and these charges are merely their way of clawing back the commission paid to the scammers.

    It is now widely accepted that such insurance bonds should never be used for pensions: a pension is a wrapper – you don’t need or want a second, unnecessary wrapper.  Plus, it makes no sense to tie a pension saver into any arrangement for any length of time, since all members have a right to a transfer any time they want.  In fact, in Spain, the Supreme Court has ruled such insurance bonds illegal and invalid if used for the purposes of holding single-premium investments – and we all hope this policy will be adopted across Europe and beyond.

    FNB International Trustees then allowed Ms Khuller’s entire fund to be invested in three UCIS funds:

    50% LM (Australian Property Fund)

    25% Mansion Student Accommodation

    25% Prestige Asset Management (Agricultural Finance)

    FNB accepted investment dealing instructions from the unlicensed PPI scammers, and instead of rejecting these clearly irresponsible and inappropriate investments, FNB went ahead and used Ms Khuller’s pension money to purchase these three hopeless, high-risk, illiquid, speculative and entirely unsuitable funds.

    Let us be clear: FNB is not any old dodgy trustee in a corrupt jurisdiction where the regulator, ombudsman and financial crime unit all play golf and quaff champagne with the perpetrators of financial crime.  The firm holds itself out to be a responsible, professional and competent pension trustee.  The so-called “key” people have, between them, many years of purported experience in financial services, trusts, banking and investments.

    And yet this firm allowed Ms Khuller’s life savings to be invested in just three high-risk UCIS funds – inside a pointless insurance bond – all at the behest of an unregulated scammer – now under criminal investigation by the SEC in Thailand.

    The rest is history: the LM and Mansion funds went “pop” (as many UCIS funds do).  Ms Khuller lost £170k (at least).  Obviously, she now wants out of the unnecessary insurance bond, and as far away as possible from the  pension trustee, FNB International who so badly betrayed her trust and neglected their own fiduciary duties.

    So, Ms Khuller – quite rightly – took FNB International Trustees to court in Guernsey.  She represented herself in court – something that takes guts and conviction – armed only with an expert report on FNB’s failures.  FNB tried to wriggle out of taking responsibility for the consequences of their negligence by using Carey Olsen Solicitors – who tried to claim that some of the information within the expert report went “way beyond the remit of the action” and was not relevant to the case. They said that “any expert report should be limited to mathematical quantification of loss”.

    I am pleased that Carey Olsen acknowledges the importance of quantifying Ms Khuller’s loss.  So, I have done the calculation for them:

    • Original transfer value = £331,000
    • Lack of reasonable growth over seven years @ 4% a year = £121,996
    • Reasonable expectation of today’s value of fund (had the trustee done it’s job properly) = £435,573
    • Loss = £435,573 – FNB’s transfer value

    Let us say, for simplicity’s and argument’s sake, that Ms Khuller’s transfer out value is half what it was when she started – i.e. £165,500.  Then the loss is £270,073.  See?  Simples.  Who needs an expert witness?  Or even a calculator – because I’ve already done the maths.  I jolly well hope that both FNB and Carey Olsen are grateful.

    However, this is the short and simple version of the story, but there is another very important dimension.  By giving up a valuable final salary pension, Ms Khuller has surrendered a promise to pay her a certain retirement income for life.  Therefore, my calculation above does not take into account the additional loss arising from the fact that even without the catastrophic investment failures, she would have needed a fund of approaching £800,000 to match the income she would have had if she had remained with the original scheme.

    FNB doesn’t need to pay any over-priced lawyers because the solution to this case is simple: the firm behaves reasonably, honourably and responsibly; admits liability and makes a claim on its professional indemnity insurance.  It won’t cost the firm a penny.  And I will even write a series of nice blogs about FNB International Trustees saying what nice chaps they all are.

    Of course, the real “fly in the ointment” will be Carey Olsen as this law firm will not want to give up the prospects of a nice juicy bunch of billables.  The last thing they will want is an easy, amicable, quick and cheap resolution to this matter.  They will probably advise their client to fight the case to the death and try to make out that Ms Khuller’s crippling losses are somehow her own fault.

    So, if I were to get the opportunity to discuss this dilemma with the lovely guys at FNB, I would point out that they could gain a significant commercial advantage over their competitors Concept Trustees in Guernsey.  Concept was flogging the toxic, high-risk, illiquid EEA Life Settlements UCIS fund to hundreds of low-risk, retail investors and permitting unlicensed Premier Pension Solutions to advise the victims.  Concept has never paid any redress to it’s victims – so FNB could come out a real hero (as opposed to a villain).

    Settling this matter with dignity and honour could, in fact, prove that FNB International Trustees is capable of meeting Ms Khuller’s every need.

  • FAST PENSIONS – SLOW LAW ENFORCEMENT – STATIONARY REGULATORS

    FAST PENSIONS – SLOW LAW ENFORCEMENT – STATIONARY REGULATORS

    Fast Pensions – Slow Law Enforcement – Stationary Regulators – same old, same old.  Looks like the embarrassment of our hopeless, lazy and impotent regulators and limp law enforcement when it comes to financial crime has struck yet another blow for justice and another goal for the scammers in this case the Moats of Fast Pensions.

    Pension Life Blog - FAST PENSIONS - SLOW LAW ENFORCEMENT - STATIONARY REGULATORS - The Moats

    his case the Moats of Fast Pensions.

    Pension Life Blog - The Moats - FAST PENSIONS - SLOW LAW ENFORCEMENT - STATIONARY REGULATORSThe Fast Pensions scam couldn’t have been much more obvious: a known scammer – Peter Moat of Blu Debt Management (one of the promoters of the Ark Pension scam and associate of Stephen Ward) had set up a very clumsy pension liberation scam.  It was loosely modeled on Ward’s Ark scam, but as Moat was clearly nowhere near as intelligent and crafty as Ward, it was screamingly obvious from square one that it was an outright fraud.

    In fact, if you think about how the Moats got this scam got off the ground, it was the usual routine:

    • HMRC registered 15 occupations pension schemes (whereas with Ark it was 14)
    • The sponsoring employer had never traded, nor had any prospect of ever trading or employing anyone
    • The trustee firm, FP Scheme Trustees, had a sole director: Jane Wright. A young woman who worked as Peter Moat’s bookkeeper – with no experience in being a pension trustee and was only paid to be a “stooge” to keep Peter Moat’s name out of the scheme
    • Peter Moat’s main business was loans – personal and bridging

    HMRC and the Pensions Regulator did nothing to check this obvious scam out.  All the might of Britain’s regulators and law enforcement stood by while, courtesy of the Moats, more than 400 people were defrauded out of their life savings – FAST PENSIONS – SLOW LAW ENFORCEMENT – STATIONARY REGULATORS.

    Between November 2016 and May 2017, there were 18 complaints by Fast Pensions victims to the Pensions Ombudsman.  All 18 were upheld.  It was clear from the complaints and the Ombudsman’s determinations that the scheme was a scam and that the Moats, Peter and his wife Sara, were out and out fraudsters.

    Pension Life Blog - The Moats - FAST PENSIONS - SLOW LAW ENFORCEMENT - STATIONARY REGULATORSStill, neither the regulators nor law enforcement agencies lifted a finger to stop the Moats: FAST PENSIONS – SLOW LAW ENFORCEMENT – STATIONARY REGULATORS, is the basis of this case.

    The Moats remain living in luxury in their palatial villa in Javea on the Costa Blanca – driving around in their flash cars.  What paid for this gorgeous lifestyle was £millions stolen from innocent, hard-working British citizens – while the callous, lazy, impotent regulators and law-enforcement agencies stood by and watched.  

    As the great parliamentarian Edmund Burke said, “The only thing necessary for the triumph of evil is for good men to do nothing.”  In my humble view, what is even worse is for hopeless and uncaring men to do worse than nothing: to pretend to be good men.

    On this sad and disgusting topic, I will write no more – but leave this blog’s words to the son of one of the victims who attended the High Court hearing in the matter of the winding up petition by the Insolvency Service against Peter and Sara Moat, Fast Pensions, FP Scheme Trustees, the 15 bogus occupational pension schemes and Moat’s various loan companies.

    Fast Pensions Victim
    Vs
    Fast Pensions Ltd.

    Claimant: Fast Pensions Victim
    (Fast Pensions Ltd DM1 Scheme member)
    Defendant:
    Fast Pensions Ltd

    Manchester Court of Justice
    Date: 30th May 2018 Time: 14:00.
    Case Reference: Claim No XXXX of 2018.

    Case:

    In 2012 my father had a personal pension fund which had accumulated to over £XXXX as a result of him working hard and saving over a number of years.

    In September of that year my father took a “cold call” from a gentleman representing a
    consultancy firm called Capital Consulting. He was informed that by transferring his pension funds from the existing scheme to another pension scheme he would benefit in as much that he could withdraw 25% of his pension fund (tax-free) on the transfer and sign up to a Five-Year Fixed
    Plan giving my father a fixed 5% bonus each year over the 5 years, and at the end of the 5
    years could have a payout without any fixed penalties.

    My father thought through this proposal, as there had been and still were serious issues with the Equitable regarding pension schemes, so my father arranged to have a home visit from Capital Consulting.

    He listened to their proposals and then decided to accept the proposal.  My father signed into the DM1 Retirement Plan on the 4th. October 2012, the administrators were to be AC. Management & Administration Ltd, who at that time were based in Gorseinon, South Wales. A sum of over £XXXX was then transferred into the ACMA Client Account of Barclays Bank Cardiff.

    On the 26th October 2012 my father received a letter from a Jane Wright (Pension
    Processor) stating that the 5 Year Plan had now started with Fast Pensions.  Soon after signing up to the scheme some of the initial promises of the scheme did not materialise so my father made numerous phone calls on the one phone no. that was available 08453730569 which would transfer onto answerphone on most occasions.

    My father’s main concern related to the following. “We have just recently developed a client
    login area and this should be available shortly. This will enable you to track your pension.”

    My father phoned regarding this facility and on the few occasions he managed to receive an
    answer he spoke to Jane Wright who stated that there was IT issues but it would be up and
    running shortly. My father is still waiting.

    My father received annual statements for his DMI Retirement Plan for 2013/2014/2015.
    My father did not contact Fast Pensions Ltd again until June 2015, when he applied
    for a Flexi Drawdown Payment of £XXXX. The drawdown application was made on the 20th
    June 2015. Legislation had been introduced in April 2015, whereby a member of a pension
    scheme had the option of using this legislation to withdraw an amount from their pension
    fund, so my father took up this option from Fast Pensions.

    The drawdown application was made on the 20th June 2015. It was eventually paid out as
    two payments. The first payment of £XXXX was paid in October 2015 as an interim payment
    and the balance was paid on the 9th November 2015.

    There are number of reasons why this took so long and for the money to be received. The
    main reason was the total lack of communication from Fast Pensions.

    Fast Pensions Ltd had, as already mentioned, one contact number which was an 0845
    number which would obviously cost more than the standard rate to call often to be met by
    an answering machine, and incidentally cost my father a large amount of money. When my
    father did manage to succeed, it was from a Paul Bennett (Pension Administrator) who was
    so unhelpful and uncooperative towards my father’s questions. He would often be met with
    “I will have to speak to my manager Mr Gary Henderson and get him to come back to you”

    During these months I personally spoke to Paul Bennett as he would often ignore calls from
    my father’s mobile and found if I called from a withheld number he would accept the call. I
    personally found Mr Bennett to be constantly unable to answer questions often just finding
    excuses to the questions in which he was presented with. Mr Bennett on one occasion told
    me he could not speak to me as I was not the policy holder. Mr Bennett was provided with a
    letter of authority from my father to enable me to act on his behalf.

    Owing to the lack of responses, my father asked Paul Bennett for Mr Henderson’s email or
    telephone number but was told” it was not company policy to issues clients with direct
    contact details.”

    Throughout the period of time dealing with Mr Bennett there would be long delays between
    his emails and responses so again adding to a further delay of dealing with the drawdown
    application.

    My father was asked to return the completed application forms to the registered address in
    London (being a “virtual address”). He duly sent the paperwork to this address to have it
    returned to sender, so my father sent it again, this time by recorded delivery which was also
    returned by the Royal Mail stating “no one is available to sign for it”. My father actually
    spoke to Head of Operations at the Westminster sorting office to verify this. Mr. Bennett on
    the rare occasion my father actually spoke to him, stated there had been problems but had
    now been rectified. It certainly had not.

    This was further evidence of a total breakdown of communication and excuses for not
    dealing with my father’s request. Eventually Mr Bennett responded to this issue and issued
    the forms again which were this time sent by e-mail. My father was then informed by Mr
    Bennett that he had missed the deadline for the end of August pay run and he would not
    receive it that month. The delays were simply down to lack of cooperation and
    communication from Mr Bennett and Fast Pensions Ltd. At this point Fast Pensions paid an
    interim payment of £XXXX as my father had repeatedly told Paul Bennett that he was
    struggling financially.

    He was later quoted by Mr Bennett that the balance of the drawdown payment would reach
    his account by 30th September 2015, not surprisingly this did not happen. He did although
    receive a payment slip with the current amounts of the drawdown, £XXXX gross and
    £XXXX net. My father received the notification from the HMRC that Fast Pensions Ltd had
    informed them of the payment, which my father finally received in full as already mentioned
    by the 9thNovember 2015. I will point out at this time, that this transaction to the HMRC will
    have been completed with an RTI. Note what occurs when Fast Pensions try to send the RTI
    for the second drawdown payment.

    On several occasions my father requested an explanation and apology for the total lack of
    communication, payment delays, mal-administration, and mismanagement from Fast
    Pensions Ltd. This was never received.

    Owing to the serious issues concerning Fast Pensions my father decided to seek advice from
    an independent regulated Financial Advisor. They highlighted various issues, including the
    way the transfer from the Equitable to Fast Pensions had been organised.

    At this time my father requested the paperwork from both Fast Pensions Ltd and the
    Equitable Life regarding the transfer of funds. One of the main questions which came out of
    the independent advice and requested from Fast Pensions Ltd was details of the pension
    fund and the fund portfolio. My father never received this information.

    Over the previous few months the worry, financial distress and health issues caused by Fast
    Pensions Ltd was having an effect on my father, so he took a break before he applied for his
    next drawdown payment.

    On the 29th January 2016 my father contacted Fast Pensions Ltd to apply for his next
    drawdown. He requested the payment after the 5th April 2016.  This was to give Fast Pensions
    enough time to process the application and fall into the 2016/2017 tax year.

    At this point we were aware of Fast Pensions Ltd being under investigation by South Wales
    Fraud Squad. My father had provided South Wales Fraud Squad with several pieces of
    evidence in relation to his dealings with Fast Pensions Ltd.

    In February 2016 my father received several emails from Paul Bennet quoting that the
    request was received and would be processed, but it was becoming evident that from the
    end of February 2016, there was no answer from Fast Pensions Ltd and all communication
    ceased. No emails or telephone calls were received from Mr Bennett from the end of
    February 2016. On 23rd March 2016, my father received an email from DC. Andy Holmes of
    the Economic Crime Unit who informed my father that Paul Bennett had terminated all links
    with Fast Pensions Ltd and had left at the end of February 2016.

    Mr. Bennett had quoted on his LinkedIn profile that he was employed by a company called
    Jackson Wood from August 2014 until February 2016. (No mention of Fast Pensions) I then
    decided to enquire about Jackson Wood Ltd and found a familiar name as the Director. Mr
    Ian Stuart Chapman, who is also the director of

    – Umbrella Loans. (07331044)
    – Blu Financial Services Ltd. (05912973)
    – Blu Debt Management (06699233)

    My father was later made aware by DC Andy Holmes (Economic Crime Unit, Wales) that
    Paul Bennett had been helping with enquiries in relation to Fast Pensions Ltd. He also
    informed my father that Paul Bennet had left Fast Pensions Ltd without informing him.
    From the period of Paul Bennet ceasing communication at the end of February my
    father could not contact anyone at Fast Pensions.

    My father, at a later date checked Mr Bennett’s profile and noted that he had
    moved to a company called Silverene Administration of 50, Chorley Road, Bolton, BL1
    4AP, (company no 09088060). He has again moved on and is now employed by a
    company called Cranfords, Pension Administrators.

    The Director of Silverene Administration Ltd is a Merle Oper who was also the founder
    of Umbrella Loans Ltd from 2010-April 2014.

    Mr Bennett provided my father with an email to contact Sara Moat
    (sara.moat@blupropertygroup.com) surprisingly Sara Moat never replied to any of my
    father’s emails.

    My father did not receive any communication from Fast Pensions from February 2016
    until May 2016. This was when he received a letter from Sara Moat informing my father
    that Paul Bennett had left Fast Pensions (it had only taken three months for Fast
    Pensions to mention this)) and due to his departure, they had experienced difficulties
    and delays. Sara Grace Moat quoted in this letter that the ongoing request had been
    sent to payroll department, and my father would receive confirmation of this within 14
    days. My father is still waiting for that confirmation.

    It was now becoming a very serious situation as all communication with Fast Pensions had
    ceased and this was continuing to cause my father further stress, financial difficulties, and
    ongoing health issues.

    “If you believe that a firm has promoted or sold you a UCIS that is not suitable for you,
    sold a UCIS to you unlawfully or without fully explaining the risks, you should make a
    complaint to the firm involved”. (www.fca.org.uk)

    Regarding the above reference from the FCA website, the amount of times me and
    my father have complained about the conduct of Fast Pensions – it is all recorded and has
    also being made available to those requesting it, i.e. Economic Crime Unit, Serious Fraud
    Office and others.

    After several requests for information on my father’s investment, including the
    investment portfolio, and an up to date statement, I do believe that the reason you have
    not made it available, is that it was put into a UCIS.

    Therefore, I find myself alongside my father reading peoples experiences, comments
    and consequences resulting from Fast Pensions. Not to mention the contact with the
    Serious Fraud Unit and Economic Crime Unit who are all actively investigating Fast
    Pensions. Hence the reason why my father and I openly and transparently discuss all
    emails to them relating to Fast Pensions Limited.

    Angie Brooks’ is also against the miss-selling of Pension Schemes which are sold by
    introducers or untrustworthy IFA’s. In the case of my father was ill-informed and misled as
    to the DM1 pension scheme and the fact is being an unregulated scheme, of which you
    have admitted to in your IDRP response. I am only too aware of the risks with
    unregulated schemes after several hours of research, because of my father’s experience
    with Fast Pensions Ltd.

    I am also aware of the relationship Angie Brooks has with the Pension Regulator, HMRC,
    Insolvency Services and the FCA, and the assistance my father is giving to the Serious
    Fraud Office. At this moment in time Fast Pensions Ltd and its Trustees have stated
    nothing to defend or deny these comments, in fact they are simply adding to the negative
    experiences the members are having with Fast Pensions.

    The appellant’s statement descibed above is followed by more than 30,000 words describing the catalog of lies and obfuscation by the Moats and their associates, and the deterioration in his vicim’s health.  During this whole time, there were no arrests and no action by the regulators – FAST PENSIONS – SLOW LAW ENFORCEMENT – STATIONARY REGULATORS – disgusting all round!

    The Insolvency Service has now, finally, placed the various entities involved into liquidation.  It remains to be seen whether any money will ever be traced and recovered from this scam.