Tag: PENSION SCAM

EVERGREEN RETIREMENT TRUST QROPS SCAM

EVERGREEN RETIREMENT TRUST QROPS SCAM – HOW DID IT ALL WORK?

Victims were cold called by Continental Wealth Management (CWM) and duped into transferring their UK pensions into the Evergreen New Zealand QROPS on the promise that they could access 50% of their pension. CWM acted as the “sister” company to Stephen Ward’s Premier Pension Solutions (PPS).

Once the 300+ victims had been sold this idea – on the promise by pensions “expert” Stephen Ward of Premier Pension Solutions that the 50% in cash would not be taxable – the transfers went ahead. More than £10 million pounds’ worth.

CWM assured the victims that the 50% cash would not be taxable because the scheme was set up and run by international pensions expert and author of the Tolleys Pensions Taxation manual Stephen Ward of Premier Pension Solutions.

Once the transfer had gone ahead, and the victims were eagerly awaiting their 50% in cash (albeit having to pay 10% in fees for the privilege), they then started to chase up their cash. There were delays after delays.

After many weeks of frustration, the victims were then told they had to apply for a loan. They were told that this was merely a formality – paperwork to ensure that the cash would not be taxable by HMRC. And they were sent loan application forms from a company called Marazion – Stephen Ward’s company in Cyprus.

Victims were then forced to sign a five-year Marazion loan agreement. And forced to sign a five-year Evergreen “lock in”. Clearly, this was designed to stop victims from transferring out of Evergreen before their Marazion “loans” were paid off.

Evergreen recently sent out a notice to victims advising them the Evergreen Scheme is being wound up. (Surprise surprise!!). Here is the Evergreen notice with my comments in bold:

Evergreen Retirement Trust – closure and winding up

We are writing to inform you that the Evergreen Retirement Trust (“ERT”) is being closed and wound up with effect from Friday, 6 April 2018. So why, just days earlier, were you writing to victims to tell them could take their 30% tax-free lump sum and transfer out? You knew this day and the winding up would eventually take place – and why as well as when. And yet you have misled and distressed a large number of your victims knowingly and intentionally.

Why is ERT being wound up? We all know exactly why ERT is being wound up. HMRC realised that the scheme was operating pension liberation fraud in partnership with Stephen Ward of Premier Pension Solutions early on – in 2012 – so removed it from the QROPS list in November 2012. Your Manager’s Report for the year ended 31.3.16 refers to “concerns raised by HMRC” but you do not disclose the fact that you had been caught and the scheme removed from the QROPS list as a result. The other reason the fund is being wound up is that you have run out of excuses now the five-year lock-in period is up. In your Manager’s Report, you claim that service contracts were entered into by Evergreen Retirement Trust for admin, trustee and other services which have minimum fixed fees. But you have never provided evidence of these alleged “contracts” – nor have you explained why you have carried on paying these unaffordable costs. You have been trying to obscure the fact that 41% of the underlying assets of the fund were in Penrich and Spectrum and that this is where the loan funds came from. You have for years tried to pretend that you knew nothing about the Marazion loans. But the original trustee – Perpetual Trust – even had a virtually identical logo to Marazion!

We have been considering the future of ERT for some time. Despite our best efforts, ERT has not been as successful as we had originally hoped. This is the understatement of the century surely? Best efforts? I would really hate to see your worst efforts. You’ve spent the last five years telling members they can’t transfer out because of the five-year term Marazion loans – and knowing all along that you were always going to wind the scheme up because there was nothing to be done about at least 41% of the scheme being in illegal loans using Penrich and Spectrum funds – the underlying assets of the scheme.

The main reasons for this have been the inability to attract new membership into ERT and the increased compliance costs arising from transition to the new, more rigorous, Financial Markets Conduct Act regulatory framework that now applies to it. And what exactly did the “more rigorous regulatory framework” say about the scheme operating pension liberation fraud as part of the scheme?

Although we explored a number of avenues to resolve these issues, we ultimately determined that it would be in members’ best interests for ERT to be wound up and the scheme brought to a close. What would have been in the members’ best interests would have been to allow the members to transfer out several years ago when we first asked Evergreen for transfers. It is clear from your own accounts that you have indeed allowed 10 people to transfer out £500k worth of funds last year – presumably these were people without Marazion loans?

What happens next? Until 6 April 2018, ERT will continue as normal and you will have the same rights and benefits as before. On and from 6 April 2018, the assets in your member account will be realised and the proceeds paid into your nominated bank account after the deduction of applicable fees, expenses and any taxes in respect of the winding up process. So for people under the age of 55, you are proposing triggering an unauthorised payment which would be taxed at 55% by HMRC? Unbelievable.

A final set of scheme financial statements will be prepared, audited and sent to all members, and the relevant regulatory notifications will be filed. So how are you going to account for the Marazion loans? You must surely realise that this is a huge problem and you can’t just keep ignoring it and pretending you weren’t involved in this aspect of the scam.

To allow this process to occur in an orderly fashion, members will not be able to request transfers (except as set out below) or make further contributions, and benefit payments will be put on hold pending the final distribution of wind up proceeds. So how are you going to account for the Marazion loans? How will these be factored into the wind-up proceeds?

Some of the scheme’s assets are illiquid and as a consequence the winding up process could take some time. Why on earth are any of the assets illiquid? No pension scheme assets should be illiquid. You have been dealing with this matter for more than five years and you always knew that there was a purported five-year lock-in, timed to coincide with the five-year term of the Marazion loans. So why on earth invest in illiquid assets?

Based on current market conditions, we expect the winding-up process to be fully completed and a final distribution to be made around December 2019. So what you are saying is that you never intended to honour the five-year lock-in in the first place. You wanted a seven-year lock-in so that you could continue to hide the Marazion loans.

Prior to the final distribution of wind up proceeds, partial distributions may be made as assets are realised, provision for anticipated costs are made and as such funds become available to make those partial distributions. In 2016 you purchased £5.87 million worth of assets. Why – in the full knowledge that you were going to wind the fund up a couple of years later – did you buy illiquid assets?

What are my options? Unless you advise us otherwise by 6 June 2018, you will receive your winding up proceeds in cash to the bank account nominated in accordance with the requirements noted below once the winding up process above has been completed. For members under the age of 55, you cannot do this as it will trigger an unauthorised payment and the victims will get taxed at 55%.

For members who have not been tax resident outside the UK for five clear and consecutive UK tax years, receiving winding up proceeds in cash could have adverse UK tax consequences. We are therefore offering members the option of having their winding up proceeds transferred to another QROPS or registered UK pension scheme instead of being paid directly in cash. But you are asking other trustees to accept in specie transfers of unknown provenance (by your own admission at least half of the fund is illiquid) and with at least 40% of the fund subject to a fund which provided the Marazion loans.

These members are strongly encouraged to obtain professional tax advice from an independent and qualified UK tax adviser before making any decision. Of course they do – including tax advice on the 50% Marazion “loans” which you facilitated and of which you have always been not only aware but in which you have been complicit.

If you wish to have wind-up proceeds transferred to another scheme you will need to provide us with notification by 6 June 2018. And which “other scheme” is going to accept illiquid – possibly toxic – assets bought by a clearly inept and irresponsible trustee which has also facilitated pension liberation? Any members with a Marazion loan will be deemed to be “high risk” by any new pension trustee and a mechanism for repayment of the loan will need to be put in place.

Please note that transfer of the assets will occur over time, in line with the distribution of the funds to other members. What do I need to do? If you have been tax resident outside the UK for five or more clear and consecutive tax years then all you need to do is provide us with updated proof of identity and address documentation together with official bank documentation evidencing a nominated bank account held in your name (see the Appendix to this letter for more details about this requirement). But that only applies to those over the age of 55 and without a Marazion loan presumably?

Once that documentation has been provided, you will receive your winding up proceeds into your nominated bank account as funds become available through the winding up process. You will also receive copies of the final audited financial statements in due course. Do you mean once you have figured out how to account for the Marazion loans funded by Penrich and Spectrum?

If you have not been tax resident outside the UK for five complete and consecutive UK years, we strongly encourage you to seek professional tax advice from an independent qualified UK tax adviser. You should then advise us whether you wish to receive your winding up proceeds in cash, or transfer your member account to another QROPS or registered UK pension scheme. So what are you going to do if no trustee will accept an in specie transfer and the members are under the age of 55?

If you still wish to receive your proceeds in cash, you will need to provide us with the documentation (including official bank documentation evidencing a nominated bank account held in your name) referred to in the previous paragraph. In either case, if you wish to transfer your member account to another QROPS or registered UK pension scheme, please advise us before 6 June 2018 and we will send you the relevant transfer forms. It is now clear, beyond any shadow of a doubt, that you must immediately account for the Marazion loans and show how these are accounted for in the scheme accounts. You have avoided this question for several years and now is the time finally to come clean.

If the trustee of the other scheme agrees, a proportion of your transfer to that scheme might comprise a transfer of underlying investments of ERT, as well as cash. I doubt any receiving scheme will be thrilled at the thought of accepting any of ERT’s underlying investments in the full knowledge that approaching 50% of the original transfers were given out in fraudulent “loans”.

Please be aware that all payments made out of the scheme, including in the winding up process, are required to be reported to HM Revenue & Customs.

Who should I contact with questions? If you have any questions about the winding up process, you can contact our customer services team by email at transfers@evergreentrust.co.nz, by telephone on +64 3 974 1505 or by post to PO Box 36270, Merivale, Christchurch 8146. Please note that we do not provide financial advice or tax advice. Yours sincerely, The Directors Evergreen Capital Partners Limited So, will Evergreen finally answer the questions about the Marazion loans? Fully and transparently? I doubt it. And I would like to remind Evergreen that scammers are criminals.

April 11, 2018
BLACKMORE BOND – SHAKEN OR STIRRED – CARELESS OR STUPID?

In the wake of hundreds of victims fearing heavy pension losses in the Blackmore Global fund, we now have another disaster waiting to happen: Blackmore Bond.

This new threat to unwary investors has been analysed by Bond Review. Just to be clear, many people were duped into investing their pensions in the Blackmore Global UCIS fund – which has never published an independent audit. We now have a second threat offered by Phillip Nunn and Patrick McCreesh. Blackmore Bond PLC is promoting these unregulated, capital-at-risk bonds which purport to pay up to 8.5% per annum – but with potential for total loss. How many more people will this high-risk bond ruin financially?

BLACKMORE BOND – SHAKEN OR STIRRED – CARELESS OR STUPID?

Bond Review raises an intriguing question: how come Paul Careless and Surge Group have got involved with Nunn and McCreesh? Unless he has been careless (pun intended), Careless looks to have an unblemished past and Surge (in Brighton) looks to be a bona fide company.

In 2017, Careless’ company Surge Group offered £3,000 in sponsorship to the Kent Police rugby team. This was accepted, but then he tried to change the sponsor from Surge Group to Blackmore Bond. And Blackmore Global started claiming on their website to be “Proud supporters of Kent Police Rugby Team”. So why would Careless – himself an ex-police officer – try to con the police and also get into bed with Nunn and McCreesh?

Let us just remind ourselves that Messrs Nunn and McCreesh were the cold callers/lead generators in the Capita Oak and Henley Retirement Benefits scams which are now under investigation by the Serious Fraud Office. Nunn and McCreesh scammed/attempted to scam up to 300 victims a month for more than two years. Unsurprisingly, Kent Police declined the toxic offer to have any association between a law-enforcement agency and known scammers.

But here’s another puzzle: a geezer called Kenneth “Buzz” West also appears at first glance to be relatively harmless. He is a director of numerous companies – including European Wealth. The only stain on his reputation that I can find is that his former company, Ashcourt Rowan, was fined £412k by the FSA in 2012 for dodgy investments in his other company: Savoy Group. But Ashcourt Rowan held its hands up and paid the fine.

So why on earth would “Buzz” risk getting tangled up with Nunn and McCreesh? Buzz is now Chairman of two of their companies: Blackmore Group and Blackmore Bond. Unless his brains are shaken as well as stirred, he is committing professional suicide – knowingly and deliberately.

Or perhaps I am being too harsh. Maybe he has taken on the role of Chairman so that he can ensure that Blackmore Bond does not sell any toxic, high-risk products to low-risk victims; and also so that he can get the long-overdue Blackmore Global fund audit done. Maybe he also has plans to get the Blackmore Global victims compensated for their losses and distress suffered in the past couple of years.

We need to be very clear about Blackmore Global: it is a UCIS fund that was illegally promoted to retail investors in the UK and which unregulated David Vilka of Square Mile International was flogging to UK victims in the Hong Kong QROPS scam. This accounted for 64 victims with a combined transfer value of £1.6 million – all introduced by cold-calling firm Aspinall Chase – run by Nunn and McCreesh.

According to Companies House, Kenneth Buzz West is a Cypriot and resides in Cyprus.

It just so happens that I am going to Cyprus in a couple of weeks – so hopefully he will invite me for a wee drop of Zivania and Halloumi on toast. And once our whistles are whetted, we can discuss the Blackmore Global audit and compensation.

March 31, 2018
EVERGREEN – HARD-TO-SWALLOW, EVER-GRIM QROPS SCAM

EVERGREEN – HARD-TO-SWALLOW, EVER-GRIM QROPS

Why hard to swallow? Around 300 victims of this pension liberation scam are anxiously waiting to see whether they can ever get any of their fund out – and whether there is anything left of the original £10 million. A few victims have got out successfully over the past few years – but only those who did not have Stephen Ward’s 50% Marazion loans.

The 300 victims – most of whom were cold-called by Premier Pension Solutions’ “sister” company, Continental Wealth Management – have waited for an agonising five or six years to see whether they will ever see a penny out of their original retirement savings. For some (those who have reached the age of 55) the wait may soon be over.

A while back, the trust deed was changed – without the members’ agreement – so that nobody could access their rightful PCLS – tax-free 30% lump sum at age 55 (to which they are legally entitled) until the expiry of their “lock-in” period. These lock-ins were designed to prevent members from transferring out until their pension liberation loans had been settled – with the loan terms being five years.

The trust deed amendment included the five-year term being five complete tax years (as opposed to natural years) and the fact that after the initial 30% withdrawal, the remainder would be left in the Evergreen scheme to provide an “income for life”. This, of course, assumes there is anything left of the fund.

But, confusingly, Evergreen’s Simon Swallow is now saying that a member with a loan can indeed transfer out of the scheme altogether once the lock-in expiry date of 6th April 2018 has passed.

From: Simon Swallow <simon.swallow@chartersquare.co.nz>

Sent: Monday, November 13, 2017 8:31:08 PM

To: Evergreen/Marazion Victim

Cc: Evergreen Trust – Transfers

Subject: Re: Evergreen Retirement Trust Annual Report

Dear Victim,

My apologies for the delay in responding to your email over the weekend. I have reviewed your email and my email sent previously. I apologise as I incorrectly stated that your lock-in would expire after 5 years in the scheme, however, the scheme documentation has the lock-in expiring at the end of 5 complete UK tax years (rather than 5 years membership in the scheme). Therefore, your lock-in will expire on 6 April 2018. The rules of the scheme will allow for you at that point to:

Withdraw 30% of the funds

Transfer the funds to another scheme

Or a combination of the above

I think that the prudent approach would therefore be for Evergreen to send you the necessary forms in February to effect a combination of the above options for you. This would include a withdrawal form (for the 30%) and a transfer out form for the remaining balance after the withdrawal. You will need to decide on another scheme to transfer the remaining balance to.

Kind regards

Simon

I have resisted the temptation to correct Swallow’s appalling English. Hopefully, my considerable restraint is appreciated. Best put our efforts into getting these victims out of this pile of Kiwi crap.

March 29, 2018
Better Protection Against QROPS Pension Scams from PLIG

Here at Pension Life, we are well aware of QROPS and SIPPs providers being a favorite of the serial pension scammers and are very pleased to report that there is positive news of better protection against this, on the horizon.

Three years ago the Pension Liberation Industry Group (PLIG) launched a code of practice to protect retail investors from serial scammers. Whilst the code of practice managed to help towards the eradication of the big occupational scams, the serial scammers altered their gameplay and continued to score. Serial scammers are focusing on using SIPPS and QROPS providers as a way to lure unsuspecting victims into toxic, high risk investments. Legal “envelopes” with corrupt contents.

Fortunately, the PLIG has finally recognised this change of tactic and has now announced that it will be updating the code of practice to reflect the new tactics of scammers, with the hope of reducing the number of pension scam victims.

Despite this welcome positive news, I still can’t shake the idea that this updated code of practice by PLIG, is possibly too little too late. The situation with James Hay springs to mind. James Hay – the UK´s largest SIPP provider – has announced losses in 2017. James Hay was also involved in the pension liberation scam with Elysian, in which around 500 clients put £55m into Elysian Bio Fuels. The business failed in 2015.

The business failed in 2015 after SIPPS – including James Hay – had already been misused to lure in pension scam victims. This is just one of many such scams (off the top of my head). Believe me, there are many, many more similar to this – that have scammed unsuspecting victims out of millions of pounds’ worth of pension funds and into crippling tax charges.

Darren Cooke, a chartered financial planner at Derbyshire-based Red Circle Financial Planning, launched a petition to the government to ban cold calling in 2017, argued that it wasn’t new that Qrops had been “a favourite” of pension scammers.

He was quoted as saying: “The new Qrops legislation that was introduced in the budget [last year] has reduced scams a bit. So, to some extent, revisions are a little behind the curve. I actually think scammers are switching back to using SIPPS and [small self-administered schemes] SSAS again.”

We welcome this new code from the PLIG, however we can’t agree more with Darren Cooke who also stated, that the FCA needs to regulate the products and not just the advisers.

“As soon as the FCA [starts] regulating the product, it would stop regulated advisers recommending unregulated products. That would stop 99 per cent of scams.”

A small step in the right direction, where a huge leap needs to be made.

Dear FCA,

If you really want to stop pension scamming in its tracks:

BAN COLD CALLING

REGULATE THE PRODUCTS

PROSECUTE THE SERIAL SCAMMERS – ALL OF THEM!

Many thanks

Pension Life

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

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

What is a pension scam?

Follow Pension Life on twitter to keep up with all things pension related, good and bad.

March 27, 2018
DEMAND FOR LEONTEQ’S AWARDS TO BE WITHDRAWN BY SWISS DERIVATIVES AWARDS

DEMAND FOR LEONTEQ’S

SWISS DERIVATIVES

AWARDS TO BE WITHDRAWN

alex.geissbuehler@gwp.ch, reto.weber@gwp.ch, stephan.welti@gwp.ch, pia.aeberhard@gwp.ch, admira.besic@gwp.ch, regine.wolfensberger@gwp.ch, media@leonteq.com , info@payoff.ch

(Interesting use of the phrase “pay off” in the awards organisers’ email address above – I wonder who got paid off to make this disgusting award.)

DEMAND FOR LEONTEQ’S SWISS DERIVATIVES AWARDS TO BE WITHDRAWN

On behalf of hundreds of victims of the Continental Wealth Management pension and investment scam – many of whom have lost huge proportions of their retirement savings – I hereby demand that the awards given to Leonteq at the Swiss Derivative Awards 2018 should be withdrawn immediately.

It is a sickening afront to decency that this award was ever given in the first place. The judges must surely have known that Leonteq had facilitated a major, multi-million-pound scam with Continental Wealth Management between 2010 and 2016. Leonteq has had the audacity to brag that “the awards are proof that Leonteq has a dedicated, strong and highly service oriented team in place. We are very proud of the recognition of our work, and would like to sincerely thank our clients and partners for their trust”.

Leonteq is “proud” of the destruction it has wrought on hundreds of people’s pensions and investments?

Leonteq has paid not a penny in compensation to its many victims – many of whom will die from stress-related illnesses due to the losses suffered from Leonteq’s toxic, high-risk structured notes. Leonteq was paying unlicensed scammers Continental Wealth Management commissions of between 6% and 8% to peddle these risky notes – which amount to nothing more than gambling. None of these notes were suitable for low-risk pension savers as the documentation clearly stated that there was a danger that investors could lose part or all of their capital.

To reward Leonteq for such behaviour, for facilitating a £200 million investment scam, and ruining many hundreds of victims, is a disgrace. This abomination brings shame upon Switzerland as a jurisdiction which tolerates such disgusting practices, and also brings the reputation of financial services into disrepute.

Kindly pass this email on to all those responsible for the Swiss Derivative Awards and ensure that the judges are removed and replaced with competent judges who do proper due diligence before handing out awards to a firm which facilitates financial crime.

Angela Brooks

March 25, 2018
DEALING WITH STRESS WHEN SCAMMED OUT OF YOUR PENSION

DEALING WITH STRESS WHEN SCAMMED

OUT OF YOUR PENSION

Being scammed out of a big chunk of your pension once is bad enough. But TWICE is awful. Double pension scam victim Jessica M.J. talks about her experience and gives other victims advice about how to cope with the stress that results from being a pension scam victim.

Jessica was scammed by Continental Wealth Management – one of Pension Life’s top-ten worst scammers – into the Evergreen QROPS scheme. Continental Wealth Management was acting as the cold callers and lead generators to Stephen Ward’s firm Premier Pension Solutions. Evergreen was a New Zealand pension scheme which was being used for pension liberation fraud using Ward’s pension loan company, Marazion. Jessica did not get (and was not offered) a loan.

Jessica was brave and generous enough to share her own story – which, sadly, was so typical of hundreds of other cases. However, she was one of the few who were actually scammed twice by Continental Wealth Management. She spoke of her own feelings: “I was very angry. I felt betrayed, cheated.”

After losing a third of her pension, Jessica was then moved by Continental Wealth Management to a Malta QROPS and put into an Old Mutual International insurance bond (which she didn’t need and couldn’t afford – and only served to earn the scammers a hefty commission). By investing what was left of the fund in high-risk, professional-investor-only structured notes, half of what was left of Jessica’s pension was then destroyed. So she ended up losing two thirds of her hard-earned retirement savings.

Continental Wealth Management collapsed at the end of September 2017, leaving hundreds of victims with their pension funds in ruins and facing poverty in retirement. Old Mutual International, Generali and SEB – the life offices who allowed this devastation to happen and stood idly by while the structured notes destroyed the victims’ funds – have done nothing to compensate the victims for their losses.

Jessica has advised the public:

“There’s a lot of scammers out there – check ’em out!”

Sadly, if Jessica had known the questions to ask, the warning signs were there from the start. Continental Wealth Management was not licensed for investment advice. Few of the so-called advisers had any qualifications relevant to financial advice. The investments were professional-investor-only structured notes provided by RBC, Commerzbank, Nomura and Leonteq – among others. Continental Wealth Management used life bonds provided by Old Mutual International, Generali and SEB. These bonds served absolutely no purpose except to pay the scammers huge commissions. Dealing instructions had forged client signatures and the advisers lied about the losses when they were first reported claiming they were “only paper losses, and would recover”.

March 18, 2018
OMI complaint
COMPLAINT TO OMI, THE ISLE OF MAN FINANCIAL SERVICES AUTHORITY, THE CENTRAL BANK OF IRELAND, FINANCIAL SERVICES AND PENSIONS OMBUDSMAN AND THE ASSOCIATION OF INTERNATIONAL LIFE OFFICES

ATTENTION:

Martin Middleton, CEO

Michael Hampson
Complaints Handler | Complaints Team | Old Mutual International

T: 44 (0) 1624 655451 | Int Ext: 75451
F: 44 (0) 1624 611715
E: omifmcomplaints@ominternational.com | W: www.oldmutualinternational.com

Isle of Man Financial Services Authority
PO Box 58
Finch Hill House
Douglas
Isle of Man
IM99 1DT

info@iomfsa.im

GeneralMailbox.ATG@gov.im

Central Bank of Ireland:

enquiries@centralbank.ie

Financial Services and Pensions Ombudsman

Lincoln House, Lincoln Place, Dublin 2, D02 VH29. Tel: (01) 567 7000 Email: info@fspo.ie Website: www.fspo.ie

AILO – Association of International Life Offices

secretariat@ailo.org

COMPLAINT REGARDING OMI’S NEGLIGENCE, FAILED GOVERNANCE AND FACILITATION OF FINANCIAL CRIME – European Executive Investment Bond (EEIB)

OMI has facilitated financial crime over a period of many years; stood by while innocent victims’ retirement savings were destroyed; paid huge commissions to an unlicensed (and illegal in Spain) firm of scammers; continued charging crippling fees while victims’ funds dwindled away; extorted early exit penalties from victims unfairly and unreasonably; failed to take any action to stem the torrent of huge losses of millions of pounds’ worth of retirement savings for many years. And now it is failing to uphold the victims’ complaints.

OMI has been in receipt of a number of complaints (and will be in receipt of numerous further ones) regarding their negligence and facilitation of financial crime in offshore financial services. OMI has not upheld these complaints – and indeed has neglected to grasp the extent of their own multiple failings and errors.

The existing complaints do relate to serious regulatory breaches and fraud – as well as failing to adhere to OMI’s own terms and conditions. Much of the fraud was caused by the financial advisory firm: Continental Wealth Trust (which traded as Continental Wealth Management). However, the firm’s fraud was only successful because OMI facilitated it.

The complaints submitted to date include:
- That investments were made into high-risk professional-investor-only funds. Many of these failed and caused huge losses to victims’ funds.
- That OMI paid commissions/fees to CWM who not only held no investment licence – but also held no license of any kind.
- As a result of the huge, un-disclosed commission paid to CWM – an unlicensed firm – OMI imposes crippling early surrender charges on the victims.
OMI has responded that they are “very sympathetic to victims’ concerns” and has responded that it appreciates what a very worrying time this must be for those who have lost such huge amounts of their life savings.

OMI has also stated that the roles and responsibilities of all the parties involved with this fraud have got to be clarified. However, OMI claims – entirely disingenuously – it does not want victims to get the feeling it is trying to distance itself from the grievances.

In order to address what it refers to as “concerns”, OMI has attempted to “explain” matters. The use of the word “concerns” is obviously a really crass clanger on the part of OMI, since the victims are absolutely not just CONCERNED – they are furious, terrified and devastated at their dreadful losses. Some victims are suicidal, and many have had their health seriously compromised.

OMI has described the EEIB as being held by the trustee for the benefit of a member of their pension scheme, enabling policyholders to hold a “wide range of investments in one tax-efficient product wrapper”. OMI goes on to claim that policyholders and their investment advisers “have complete flexibility over the investments they place inside the EEIB”.

Some or all of the above may be true. However, that does not make it right that OMI has allowed unlicensed advisers to place clearly unsuitable investments inside their wrappers. Further, it does not make it right that OMI then stood by and watched the investments fail for many years AND DID ABSOLUTELY NOTHING EXCEPT KEEP ON TAKING FEES BASED ON THE ORIGINAL VALUE – AND NOT THE REDUCED VALUE OF THE FUND.

OMI claims that it reviews all investments to ensure they meet Irish regulatory requirements, and their own administration requirements.

If this is indeed true, it is a very serious indictment of the Irish regulator if their requirements are so appallingly lax. What OMI seems to be claiming is that both the Central Bank of Ireland and OMI have such low standards that they will allow low-risk pension savers to have their retirement funds invested purely in high-risk, professional-investor-only structured notes. If this is true, then the regulator is as bad as OMI in condoning an investment strategy which has no regard for suitability, liquidity, diversity and risk tolerance.

In fact, the Central Bank of Ireland has stated that it carried out a review of suitability requirements in 2017 and found that: “governance structures for the identification and treatment of vulnerable clients were absent or ineffective”. The CWM victims were about as vulnerable as it was possible to get – as their retirement savings were systematically and inexorably destroyed. And OMI’s governance structure was about as absent and ineffective as it is possible to get while it stood by and didn’t even bother to raise a red flag on the whole disaster as it unfolded.

There was no jangling of alarm bells as OMI watched millions of pounds wiped out. There was no expression of concern that the same toxic structured notes which had failed in earlier years were bought again and again by the same unlicensed scammers. There was no governance to protect new vulnerable victims from having their funds destroyed from 2015 onwards in the same way hundreds of victims had suffered in previous years.

OMI has claimed that customers/their appointed advisers are responsible for the suitability assessment and selection of the investments held in the policy – and that “it is important that customers read the prospectus/offering documents of investments carefully, before making any investment decisions”. However, OMI watched wholesale destruction taking place inside its own wrappers and took no action. Had OMI asked a few simple questions they would have found the following:
1. The victims were being advised by a known firm of scammers which had been involved in cold calling in the Evergreen pension liberation scam in 2012
2. The victims were being advised by a firm which was not licensed at all – for anything
3. The victims had ALL insisted they wanted either low risk or no risk investments as they could not afford to lose any part of their retirement savings
4. The victims had no idea their retirement savings were being invested in high-risk, professional-investor-only structured notes
5. The victims’ signatures were repeatedly forged on the dealing instructions
6. The victims were duped into a false sense of security when losses started to be reported on their statements by the scammers claiming these were not genuine losses but only “paper losses”
7. The victims had no idea how high the charges and commissions were as these were not disclosed either by the scammers or by OMI
8. The victims were not consulted as to whether they wanted or needed an entirely useless and exorbitantly expensive insurance bond
9. The victims were unaware that tied agents are illegal in Spain
10. The victims were unaware of the huge fees and commissions which were concealed by both the scammers and OMI
OMI claims that term 12 of the EEIB policy terms states that it is the policyholder who bears the risk of investment. But then OMI goes on to assert that the policyholder was the trustee who would be classed as a professional investor.

So OMI has got to make up its mind – it has already stated that: “customers/their appointed advisers are responsible for the suitability assessment and selection of the investments held in the policy”. So who is the customer? The victim or the trustee? And whom did the adviser advise – the customer or the trustee? Or OMI?

OMI goes on to refer to term 11.4 of the policy which confirms that it may allow investment into professional or experienced investor funds because it owns the investments held within the EEIB, rather than the policyholder.

So, who gave the advice and to whom? OMI can’t seem to make up its mind who the customer is: the victim; the trustee or OMI itself. If OMI is the customer, why is it charging the victim fees?

OMI goes on to quote policy term 11.4.1 – which apparently clearly highlights that professional-investor-only funds carry a high degree of risk. So who is taking the risk? The victim, the trustee or OMI?

Let us ask ourselves, where did the original funds come from? Not the trustee; not OMI; but the victim.

OMI then procedes to claim that it will “only accept applications via regulated financial advisers”. But Inter-Alliance was not licensed to provide investment advice – or indeed insurance advice. CWM was not licensed either. So why did OMI accept applications from unlicensed advisors (who were also known scammers)? Also, OMI failed to identify that tied (insurance) agents are illegal in Spain – so it shouldn’t have been dealing with them at all – let alone paying them huge commissions.

OMI states that CWM was a member of Inter-Alliance WorldNet, and obtained their authorization to act via that membership. But this is not true – Inter-Alliance was not licensed and therefore neither was CWM. The application form may, in some cases, have confirmed the appointment of CWM as investment adviser with full discretion – but why didn’t OMI check that CWM was licensed? In fact, most of the victims were under the impression that they would be consulted on the investments and that their risk tolerance would be respected – but this never happened in any of the cases.

OMI goes on to claim that CWM was able to submit investment instructions directly to OMI, without consulting the trustees. But that isn’t true either: dealing instructions were sent to the trustees first, and then the trustees sent on new instructions. How can OMI not even know how its own internal systems work?

OMI concludes that it is sorry the complaining investor is “disappointed with the performance of some of the investments selected by CWM” and then goes on to claim the investments “met the criteria for a permitted asset under the EEIB policy terms”.

So who at OMI was responsible for writing and updating EEIB policy terms? Did this person not notice the losses repeatedly decimating the funds? Did this person not see the same investment failures repeating in 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017? Did this person not question whether the policy terms ought to be revised somewhat? The answer to these questions is, inevitably, a resounding and disgraceful “NO”.

OMI is now refusing to refund or waive early withdrawal charges on the basis that CWM was an appointed investment adviser. This is because OMI initially paid a big chunk of commission to CWM – an unlicensed adviser and known scammer. If a victim wants to get out of the toxic, pointless insurance wrapper, in order to put a stop to the exorbitant fees taken quarterly out of the fund – and based on the original value rather than the decimated value of the fund – he basically has to refund the commission OMI paid to the scammers.

The victims remain dissatisfied with OMI’s response, and the complaint is now being referred to the Irish Financial Services and Pensions Ombudsman. OMI has deliberately misunderstood and overlooked every aspect of the victims’ complaints and failed to address even the most basic issues surrounding OMI’s failures and negligence.

OMI has facilitated financial crime over a period of many years; stood by while innocent victims’ retirement savings were destroyed; paid huge commissions to an unlicensed (and illegal in Spain) firm of scammers; continued charging crippling fees while victims’ funds dwindled away; extorted early exit penalties from victims unfairly and unreasonably; failed to take any action to stem the torrent of huge losses of millions of pounds’ worth of retirement savings for many years. And now it is failing to uphold the victims’ complaints.
February 22, 2018
Top 10 Deadliest Pension Scammers

Pension scammers are hidden all around us, often dressed in smart clothes, driving smart cars and carrying impressive leather folders. They offer what seems like smart investments, push through your pension fund transfer swiftly and seamlessly. However what you don´t see on the surface is their hidden parasitic ways. These scammers will drain the funds from your pension, investing in high-risk, toxic investments, that only they will profit from.

Here´s Pension Life´s, “Top 10 Pension Scammers”. (Please note: this information is correct as of the today´s date only, as pension scammers are evolving daily and as one falls another will rise!)

10 – Square Mile International

John (Gus) Ferguson’s firm Square Mile International promote unregulated toxic crap to pension savers and employs unqualified David Vilka. The so-called “advisers” promoted the Blackmore Global Fund.

It is still unclear what has actually happened to the money invested into the Blackmore Global Fund.

9 – James Lau & Tudor Capital Management

James Lau was a financial adviser with Wightman, Fletcher McCabe (FSA regulated) – part of the Clarkson Hill Group. Along with directors Peter Bradley and Andrew Meeson, of Tudor Capital Management (subsequently jailed for eight years for money laundering and tax fraud), James Lau conned 116 victims into transferring their pensions, investing in forex trading companies, and liberating up to 85% of their pensions. Lau is now rumoured to be in hiding in Hong Kong. The victims are now facing 55% tax charges by HMRC.

8 – Friendly Pensions

David Austen of Friendly Pensions, used cold-calling and high-pressure sales tactics to strong-arm 245 victims into investing in 11 fake schemes, including a truffle farm.

Dalton, Barratt and Hanson all served as trustees on the fake schemes set up by Austin – who is described as the mastermind – and were paid more than £550,000 between them. The four scammers who conned pension savers out of £13.7 million have now been banned from the industry but not imprisoned. The victims, however, lost everything.

7 – Continental Wealth Management (CWM)

One thousand people were relieved of up to £100 million worth of pension funds. Conned by a motley assortment of snake oil salesmen, the victims were promised high returns, but all they got was high losses. Old Mutual International (OMI) were the provider for the bulk of the insurance bonds in this scam. Funds were invested in risky, toxic structured notes which were clearly labelled as “for professional investors only”. Clients were lied to, as when they saw the value of their funds plunging dramatically, the Continental Wealth Management scammers assured the victims that the reported losses were “only paper losses”. Continental Wealth Management collapsed in September 2017.

6 -XXXX XXXX

XXXX XXXX was the “distributor” of the Capita Oak, Henley, Westminster and various SIPPS scams in 2012/13. He was also operating pension liberation fraud with his “loan” company: Thurlstone. When these schemes collapsed in 2013, he went on to launch an investment scam called Trafalgar Multi Asset Fund. Capita Oak, Henley, Westminster and Trafalgar Multi Asset Fund are now all under investigation by the Serious Fraud Office. XXXX XXXX has been arrested and his offices searched.

5 – Nunn and McCreesh

Phillip Nunn – along with his sidekick and partner in crime Patrick McCreesh – provided “lead generation” services to the Capita Oak and Henley scams. At up to 200 leads a month for more than two years, he was responsible for the destruction of £ millions of pension funds – and got paid nearly £1 million in fees for doing so. He then went on to set up an investment scam called Blackmore Global – a UCIS which is illegal to be promoted to retail pension savers. It is not known whether the investors have lost some, most or all of the funds in Blackmore Global as Phillip Nunn refuses to have an independent audit carried out on the fund.

4 – Steve Pimlott – Windsor Pensions

Steve Pimlott has been running Windsor Pensions for at least seven years. He claims to have done around 5,000 pension liberations and assures victims that HMRC will be “unlikely” to catch up with them. Pimlott uses QROPS schemes such as Danica in Sweden and then sets up a fraudulent bank account in the Isle of Man. The transfer never goes anywhere near Danica, of course. But the transfer is sent to the IoM bank account – 85% is paid out to the victim and Pimlott trousers the other 15%. HMRC is now taxing the victims at 55% – although they have never taken action against Pimlott who is still operating happily in Florida (not far from where Stephen Ward has his six luxury villas).

3 – Fast Pensions

Peter Moat and his wife Sara Moat were chums of Stephen Ward of Premier Pension Solutions. They ran a loan company called Blu Debt Management and also had several other businesses involving estate agency and pension administration. Hundreds of victims were transferred into the Moats’ Fast Pension schemes, and now the victims cannot access their pensions or transfer out. Peter and Sara Moat live in the Javea area of the Spanish Costa Blanca and have had 18 Pensions Ombudsman’s determinations against them for mal-administration of the pension schemes they are running. It is thought that around 400 victims are affected, although it is not known how much they have lost between them. It is known that several years ago, a substantial amount of the funds were loaned to Bridgebank Capital and then used as bridging loans for property developers. But the money has since been repaid and goodness only knows where it is now. Certainly not accessible to the members.

2 – Stephen Ward

Ark: 486 victims; £27 million at risk; 55% tax penalties on 50% loans

Evergreen: 300 victims; £10 million at risk

Capita Oak: 300 victims; £10 million at risk; tax penalties on XXXX XXXX’s Thurlstone “loans”

Westminster: 200 victims; £7 million at risk; tax penalties on “loans”

Southlands, Headforte, Feldspar, Hammerley, Maribel, Dorrixo Alliance, Halkin, Bollington Wood, Randwick Estates, Elysian Fuels, London Quantum – and many more. Stephen Ward remains active with DB transfers.

and in first position we have …..

1 – HMRC

Yes, you read correctly, HMRC is our number-one culprit in the Top 10 pension scammers list. And here’s why:

Since at least 2010, pension scams have been on the rise. That’s 8 years, yet regulations have not been changed, HMRC has not become vigilant or conscientious about registering pension scams, and new laws have not been put in place to stop scammers.

In fact, the scams are registered in the first place by HMRC, and in the case of occupational schemes also by tPR.

No notice is taken of whether the schemes are registered by known scammers and no questions are asked as to the purpose of the schemes.

In the case of James Lau’s Salmon Enterprises, the trustees – Meeson and Bradley – had been investigated by HMRC and arrested in March 2010 on suspicion of money laundering and tax fraud. However, HMRC did nothing to warn ceding providers or the public and Salmon Enterprises was left as an HMRC-registered, fully-operational occupational scheme.

Later that year, one ceding provider queried the legitimacy of the Salmon Enterprises scheme, but HMRC refused to elaborate on why the trustees had been arrested. A transfer went ahead – along with 115 others – while HMRC sat back in the full knowledge that all these victims would be bound to face unauthorised payment tax charges.

In the Ark case, HMRC spoke to the organisers and promoters (including Stephen Ward) of the six Ark schemes on several occasions. They then had a meeting with Craig Tweedley and Ward in February 2011 to discuss their concerns that the 50% “loans” paid out to scheme members constituted unauthorised payments. At this point there was a “mere” £7 million worth of transfers. Nothing was done to suspend the Ark schemes for another three months – during which time a further £20 million was transferred in. HMRC is now trying to tax both the members and the scheme for unauthorised payments.

In the full knowledge that Stephen Ward was behind Ark and numerous other scams, HMRC ignored evidence of his pension trustee/administrator firm – Dorrixo Alliance. In May 2014, they discussed prosecuting Ward, but did nothing about the London Quantum pension scam, and in August of the same year, a police officer lost his police pension to Ward’s scheme.

Therefore, HMRC takes 1st place, due to its downright lack of motivation to help stop the scams, yet speedy tax demands fly out for the unauthorised payments arising from the so-called “loans” operated from the very schemes that HMRC themselves registers.

Furthermore, HMRC taxes the victims of pension liberation scams – and not the perpetrators.

List of 10 deadliest parasites borrowed from listverse website for comparison.

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

What is a pension scam?

Follow Pension Life on twitter to keep up with all things pension related, good and bad.

February 18, 2018
Be safe with PensionBee!

Having focused very much on bad pension investments, pension scams and how to avoid them, I´d like to talk a bit about PensionBee, a relatively new pension provider.

PensionBee offers the service of consolidating all your pension funds into one online fund. You are able to check your balance at any time and have a personal “Bee keeper” assigned to your account. The firm’s annual fees range from only 0.5% – 0.95% – significantly lower than the industry average.

Having explored PensionBee´s website, they are bright, modern and have a 9.2 out of 10 on trust pilot – not bad! You can use the PensionBee pension calculator to set a retirement goal and top up your savings to get on track. In our fast-paced, ever-changing online society, this is ideal for the busy working person.

Sounds great doesn´t it? Unfortunately, other pension providers wouldn´t agree, and it seems Aegon (formerly Scottish Equitable) isn´t impressed by their new competitor. Henry Tapper’s blog, ´PensionBee stands up to the bullies´ address the issue that Aegon are taking 38 days for a pension transfer to PensionBee. (The standard transfer time should be just 12 days). Fortunately, PensionBee is taking none of it, check out their video on “how to transfer your pension away from Aegon”.

In fact, Henry writes, ´Since 8 June 2017, customers wishing to transfer out of Aegon to PensionBee have faced barriers to switching, including multiple discharge forms, telephone calls and repetitive requests for information that has already been provided. There are various other steps that impede the customer’s right to switch pension provider easily (please see here). The average transfer out of Aegon for completed transfers now takes c.54 days – although the true scale of detriment remains unknown, since many people have been unable to overcome the barriers placed in front of them by Aegon in their attempts to switch or have simply given up.´

Upon doing some more digging I found that Professional Adviser, reported that nearly 900 customers were in fact ´stuck´ between Aegon and PensionBee. Going on to say, “So far, the longest transfer that has successfully completed is 176 days, or nearly six months.”

What we at Pension Life are struggling to grasp is, Why now?

Since 2011 big pension companies such as Aegon, Standard Life, Scottish Widows etc, have made transferring out of their pension scheme relatively easy. Even after the Scorpion campaign, which raised awareness about pension scams, these pension providers continued to release funds to bogus schemes. They have enabled the pension scammers to profit whilst the victims ended up being financially ruined.

In the Capita Oak scam – distributed by XXXX XXXX, promoted by Phillip Nunn and administered by Stephen Ward of Premier Pension Solutions – Aegon was one of the leading offending ceding providers. Aegon handed over at least 13 transfers totalling £263,271.71. Then, in the Westminster pension scam, Aegon was still up there with the worst offenders, facilitating a further eight transfers totalling at least £253,305.63.

In neither Capita Oak nor Westminster, did Aegon question why both schemes had the same sponsoring employer: R. P. Medplant (Cyprus). Nor did Aegon establish whether the schemes were genuine occupational schemes. They just handed over the transfers without heed to the Pensions Regulator’s dire Scorpion warning.

But now Aegon appears to be resisting genuine, bona fide transfers. When victims complained to Aegon about the callous and negligent manner in which pensions were handed over to the scammers, Aegon failed to uphold the complaints and refused to pay any compensation. And this despite the fact that many of the transfers were made AFTER the publication of the Scorpion warning.

I wonder – is this change due to a weight on their conscience or do they realise that PensionBee could possibly be the new long-term market competitor? A real threat to their business. PensionBee is modern, clear, fresh and online – appealing to the technology savvy generation. With the introduction of pension freedoms in 2015, savers are looking to find new alternatives with their new choices.

FTAdviser reports:

Figures published by Mercer in April showed that as much as £50bn has been pulled from final salary pension schemes in the last two years.

Fortunately, the Pensions Administration Standards Association (PASA) is aware of these issues and has created a work group to enable transferring members a faster outcome. This will hopefully make transferring pensions to legitimate schemes much easier.

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

What is a pension scam?

Follow Pension Life on twitter to keep up with all things pension related, good and bad.

February 18, 2018
NOT SO SQUARE MILE – AND FAR FROM LILLY WHITE

John (Gus) Ferguson’s firm, Square Mile International, is clearly not exactly square – and Lillywhite is a grubby shade of black.

For once, I don’t have to write a blog myself – as Mr. Ferguson of Square Mile has written it for me. I did, however, have to resist the temptation to correct Fatty’s appalling grammar and spelling.

Fatty’s partner in crime is, of course, “adviser” David Vilka – who put retail, UK-domiciled victims into QROPS and then invested most or all of their pensions in Nunn and McCreesh’s toxic, illiquid, high-risk Blackmore Global fund.

So, if you have ever wondered how to promote unregulated toxic crap to pension savers, read on…..

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From: John Ferguson [mailto:jf@lillywhiteint.com]
Sent: Wednesday, 5 August, 2015 8:36 PM
Cc: Charlie Goldsmith <C.Goldsmith@curzoncapital.com>
Subject: Re: follow on……………….

Hi – yes good to meet you too, and glad you had a safe trip back.

As you said it would have perhaps been nice to have longer with you and we both felt there was areas in which we could work together and once we are all back from our various holidays no doubt we will be looking at ideas that we could explore together.

We intend to be in Dubai at end of November and have a busy schedule (already) so wouldn’t be able (this time) to build in a HK detour but if you are able to be in Dubai that time then perhaps it could be a good opportunity to spend longer discussing opportunities.

The relationships with our Introducers as we explained is relatively straight forward but to recap – Lillywhite International acts as a ‘hub’ co-ordinating the flow of business between ‘introducers’ (unregulated and unauthorised entities such as Manish’s operation) who are often looking to fund their own product (again such as Manish and Christianson) and the regulated IFA firms, and the Pension Trustees.

I think confusion probably lies in that historically GFS could take direct business or business from unregulated firms. In the UK for some years now, it has not been possible for a firm such as Manish’s or Aspinal Chase etc to give advice, get information from a ceding scheme, submit business to a QROPS or to earn fees from anything that could constitute ‘a regulated activity’ under the FSMA.

Lillywhites controls a number of regulated IFA firms, and has string links with Life Offices (providing bond wrappers) and Trustees (providing QROPS).

We offer a service to the Manish’s / Aspinal Chase’s of the world and our IFA’s will sign off the business, provide the advice, deal with the pension and invest a proportion of the fund into the investments these introducers are trying to raise subscriptions on. We have bespoke Bond arrangements at NIL commission to comply with RDR in the UK, and the funds don’t pay the IFA any commissions – again to comply with RDR.

In terms of fees etc, I’m sure in the same way your agreements are private we have various agreements with our introducers and they are confidential.

So as i said relatively open and simple relationship – nothing can be submitted to our panel of QROPS without being signed off by our IFAs and so EVERY piece of business you receive from these guys is actually via a Lillywhites Adviser – The majority will be via either Aktiva Wealth Management or Square Mile International.

Where i do think we could have a very serious chat is using your distribution in Asia for a couple of funds that we can split the distribution fees with you on, and thats definitely where id like to have a further discussion. our two main brands are www.atsgfunds.com and www.lillywhiteint.com

Speak soon

Gus

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

What is a pension scam?

Follow Pension Life on twitter to keep up with all things pension related, good and bad.

February 14, 2018
James Hay + Elysian Bio fuel = Pension Liberation Scam
James Hay, the first UK SIPPS provider, could face tax charges of up to £20 million from HMRC, related to the Elysian Bio Fuel investment scam (sorry: scheme). Elysian Bio Fuels, which owned a bioethanol plant in the US and a renewable fuels refinery in the UK, was also used by other SIPPS providers such as Suffolk Life.

Money Marketing states : “Sipp investors are facing millions in write downs on a high-risk bio fuel investment, which has also been linked to a suspected pension liberation scam.”

Unsurprisingly, James Hay has launched an appeal against the tax charges AND as of January, has also slipped in a ban on non-standard investments including overseas commercial property, storage pods and carbon credits to be bought through its SIPPS platform.

We say to James Hay, “too little, too late, mate!”

Through SIPPS provided by James Hay, around 500 clients put £55m in to Elysian Bio Fuels. Yes, that´s 500 retail investors, placed into high-risk toxic investments, totally unsuitable for pensions. The business failed in 2015. James Hay claim that they did not advise their members AND limited their role to pension administration. Whilst they may not have directly advised their members, they did, however, allow crooked advisers to buy shares in Elysian Bio Fuels for the purpose of Pension Liberation.

The sheer act of letting crooked advisers advise their trusting members, whilst turning a blind eye to fraud, makes James Hay guilty in anybody´s book. How long can so called legitimate SIPPS providers continue to get away with this sheer negligence of their members´ funds?

Below is an email exchange between Stephen Ward of Premier Pension Solutions, his lawyer Alan Fowler and Angela South of Magna Wealth. This thread describes exactly how the Elysian Bio Fuels/James Hay liberation scam worked.

From: Alan Fowler <fowlerpts@gmail.com>
Date: 17 October 2013 21:28:21 BST
To: William Perkins <billperkins62@gmail.com>
Subject: Fwd: a solution for you !

Interesting….but I’m amazed that reputable SIPP providers will countenance this. Who’s making the loans? I’m not sure I see how the SIPP pays the member (or anyone for that matter) £100k – with what/who’s money? And won’t the SIPP need to verify that the shares in Xco are actually worth £100k. That said, if the IFA is doing these, it seems the process works………..

Regards, Alan

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

From: Stephen Ward <SWard@ppsespana.com>

Subject: Re: a solution for you !

Date: 17 October 2013 20:58:15 BST

To: billperkins <billperkins62@gmail.com>

Cc: Alan Fowler <fowlerpts@gmail.com>

The arrangement I heard about today works like this as an example ( ignoring fees) and this is the simplistic version …
1. Client borrows 16k or thereabouts (this is available in the package)
2. He gets a non recourse loan (which will not be repaid) of £84k
3. He buys shares in Xco for £100k. These are listed on the CISX ( name is Elysium)
4. Transfers £100k to James Hay SIPP
5. SIPP pays member £100k for the shares .,,,
6. Member repays the 16k and trousers £84k
My IFA connection has done 40 of them so far

Advice to transfer to the SIPP is from an FCA regulated IFA

James Hay and Suffolk Life know the full structure and are happy with it ….

Fees ….. On transfer to SIPP ( need to agree the commercials with the IFA)

Regards

Stephen

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

From: Stephen Ward [mailto:SWard@ppsespana.com]
Sent: 18 October 2013 10:01
To: Angela (South – Magna Wealth)
Subject: FW: QROPS opportunity
Importance: High

Morning Angela

I was not expecting such a fast green light !

But it seems to me that a green light is what we have

The next step is a test case I guess ….. ? I may have one but just need to check his fund value.

Putting my provider hat on I do not need to understand the details of the back end engineering, the fact its OK with James Hay is good enough for me.

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

What is a pension scam?

Follow Pension Life on twitter to keep up with all things pension related, good and bad.
February 14, 2018
What is a Pension Scam?
There are many different types of pension scam – just as there are many types of genuine pension scheme. This can sometimes make it difficult to tell the difference so we are her to help you inform you about, what is a pension scam.

Fortunately, there are some common tell-tale signs that mean you could spot a scam and avoid it:
- Cold calling: always be suspicious of a cold caller. This can come as a text, phone call, email or even a smart-looking individual at your door!
  - Some cold callers may even imply that they are from the government or another government-backed organisation.
  - THIS WOULD NEVER HAPPEN!
- Hard sell: when your smart-looking/sounding “adviser” won’t take “no” for an answer and pressurises you into an on-the-spot decision
- No land-line contact phone number: the only contact they give consists of an email, mobile or PO Box address
- Use of words like ‘pension liberation’, ‘loan’, ‘loophole’, ‘free pension review’ or ‘one-off investment’
- Unrealistic claims:
  - You can unlock your pension before 55
  - Promises of tax advantages
  - investment is ‘unique’, ‘overseas’, ‘environmentally friendly’, ‘ethical’ or in a ‘new’ industry
- Low risk but high return investments (THEY DON’T EXIST!!)
What the scammers don’t tell you is that taking any part of your pension early (before 55 years of age) DOES result in tax charges. These charges can be up to 55% of the amount you take – even if you were told it was a “loan”.

With HMRC on your back for this tax demand, it will be hard to remember the pleasure of the money you received. Plus, whilst you are distracted with your tax demand from HMRC, it is likely that the rest of your pension fund is taking a nasty tumble.

Pension scams can involve various types of pension arrangements from QROPS and QNUPS to occupational schemes and SIPPS. These arrangements are not, in their own right, bad. However, if they are used for unsuitable investments, they most certainly can be. Know about these investments means you will know about what is a pension scam.

The investments inside the schemes can range from high-risk, professional-investor-only structured notes to toxic, illiquid, risky UCIS funds (Unregulated Collective Investment Scheme – illegal to be promoted to UK residents). Whilst these types of investments are not illegal in their own right, they are only suitable for certain people with deep pockets and sound investment experience. Or, alternatively, they are totally unsuitable for pension funds – full stop.

When taking advice on transferring your pension fund you should always ensure the adviser you choose is either based in the UK OR in the country you reside/plan to reside in. Alternatively, you must make sure the adviser is regulated and qualified for pension and investment advice in the jurisdiction where you reside.

Some of the pension scams that we are aware of are Ark, Capita Oak, Evergreen QROPS, Henley Retirement Benefit Scheme, Westminster, Trafalgar Multi Asset Fund, Continental Wealth Management (CWM), London Quantum. The underlined scams are being investigated by the FCA.

The 5 pointers from the Pension Regulator are:
1. If you think you’ve been scammed – act immediately
2. Cold called about your pension? Hang up!
3. 3. Deals ‘too good’ to be true
4. 4. Using an adviser? Make sure they’re registered with the FCA
5. 5. Don’t let a friend talk you into an investment – check everything yourself
For more details please see their web page

Image from https://www.actionfraud.police.uk/news/scamproof-your-savings-mar15

If you’ve already signed something you’re now unsure about, contact your pension provider straight away. They might be able to stop a transfer that hasn’t taken place yet.

If you think you’ve been targeted by an investment scam, please report it to the FCA using their reporting form.

If you have lost money to a suspected investment fraud, you should report it to Action Fraud on 0300 123 2040 or online at www.ActionFraud.police.uk.

The FCA has launched a new campaign ScamSmart.

If you have doubts about what to do, ask The Pensions Advisory Service (TPAS) for help. Call them on 0300 123 1047 or visit the TPAS website for free pensions advice and information.

Beware of being targeted in the future, particularly if you lost money to a scam. Fraudulent companies might take advantage of this and offer to help you get some or all of your money back.

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With out due diligence and knowledge you often won´t realise that you are the victim of a pension scam until its too late. Its best to have the knowledge so you can tell what is a pension scam and what is a genuine pension scheme.

Therefore, Pension Life has written a series of blogs about pensions, pension scammers and how to safe guard your pension fund from fraudsters. Please make sure you read as many as possible and ensure you know everything you should about your pension fund. If we can educated the masses about pension fraud we can stop the scammers in their tracks – worldwide.

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Here at Pension Life we are noticing a new type of pension scam – Fractional Scamming – please read our blog about this type of scam.

Follow Pension Life on twitter to keep up with all things pension related, good and bad.
February 8, 2018