Tag: SEB Life International

SEB LIFE (OR DEATH) – WILL THE CENTRAL BANK OF IRELAND BRING THEM TO JUSTICE?

One of the hundreds of Continental Wealth Management victims stuck in a useless and expensive SEB Life International bond, and ruined by crippling investment losses, has made a detailed complaint to SEB.

Some idiot from SEB called Orla Golden has replied – and the response is astonishing. Below are my answers to this ridiculous rebuttal. The complaint will now be referred to the Central Bank of Ireland – asking that SEB Life should be suspended. I will also copy this in to the Financial Services Ombudsman.

Let us see whether the regulator and ombudsman in Ireland will turn out to be as useless as the regulator in Gibraltar, or will actually have some teeth. If the authorities in Ireland are any good, hopefully they will hold Conor McCarthy and Peder Nateus fully responsible for facilitating this deplorable scam.

LETTER FROM ORLA GOLDEN TO THE CWM/SEB VICTIM IN RESPONSE TO HIS COMPLAINT (WITH MY COMMENTS IN BOLD):

We are writing to you in response to your recently submitted complaint in respect of your insurance policy with SEB Life International Assurance Company DAC that you placed through your appointed independent financial advisor, Inter-Alliance WorldNet Insurance Agents and Advisors Ltd.

The victims did not place any orders or instructions through Inter-Alliance. SEB is being not only disingenuous but dishonest here. The advisor in question was Continental Wealth Trust SL, trading as Continental Wealth Management SL (CWM) in Alicante Province, Spain. CWM was a firm full of unqualified so-called “advisers” with a track record of scamming, cold-calling and flogging dodgy products to unsuspecting victims. The victims appointed CWM as their advisers, and all the dealing instructions for the toxic structured notes came from CWM and not Inter-Alliance.

SEB Life is a designated activity company which is registered under company number 218391 with the Irish Companies Registration Office and is authorised as a life insurance undertaking by the Central Bank of Ireland under number C771.

So, let’s see just how good a regulator the Central Bank of Ireland really is. We must all hope it is not as hopeless, limp and corrupt as some of the other regulators.

SEB Life is permitted to distribute life insurance policies in Europe (EU) by way of a freedom of services passport issued by the Central Bank of Ireland under the Solvency II Directive 2009/138/EC as adopted into Irish law by the European Communities (Insurance and Reinsurance) Regulations 2015 (the “Solvency II Irish Regulations”). That may be true, but these weren’t true life insurance policies: they were bogus policies designed to act as “wrappers” for dodgy, rubbish investments and to facilitate financial crime in multiple European jurisdictions – most notably Spain where such insurance/investment products have been outlawed by the Spanish Supreme Court.

In January 2015, Inter-Alliance novated its business to Trafalgar International GmbH who became your financial advisor.

Not true. Trafalgar International did not become the financial adviser. Few, if any, of the victims had ever heard of Trafalgar until CWM collapsed in September 2017.

Trafalgar is an independent financial advisor located in Germany

No it isn’t – it is located in Cyprus. Orla Golden clearly has never done Geography.

and is authorised and entered into the register of insurance intermediaries maintained by the Chamber of Industry and Commerce (DIHK). Trafalgar is authorised to mediate insurance policies in various EU territories including UK, Spain, Malta and France. Yes, Trafalgar was. But CWM wasn’t.

SEB Life has terms of business with Trafalgar, and previously had terms of business with Inter-Alliance which was authorised by the Insurance Companies Control Service in Cyprus to mediate insurance policies in the EU; before it transferred to Trafalgar. Continental Wealth Management (CWM) was a sub agent of Inter-Alliance

Really? Sub agents are illegal in Spain

and then continued to be a sub-agent of Trafalgar.

No it did not. SEB is lying. CWM was never a sub agent of Trafalgar

CWM is the responsibility of Trafalgar and SEB Life does not have terms of business with them.

So why did SEB accept dealing instructions from CWM if they had no terms of business with the firm?

SEB Life regularly reviews the authorisation of independent financial advisors with whom they have terms of business,

SEB is failing to get its story straight. CWM was not authorised – ever, for anything. SEB may have had terms of business with both Inter-Alliance and Trafalgar, but CWM was never an authorised agent of either firm.

however, it is the independent advisor’s responsibility to comply with their own regulatory obligations for authorisation

And nothing to do with SEB? So, why did SEB accept dealing instructions from CWM?

and their regulatory authorities have oversight responsibilities.

Like the Central Bank of Ireland has oversight responsibilities over SEB? Let’s see how seriously it takes those responsibilities.

Trafalgar, as the appointed independent financial advisor is your agent.

No it isn’t, and wasn’t. Trafalgar was not an IFA firm, it was a network.

Any policy related intermediary commission was paid directly to Trafalgar (formerly Inter-Alliance), with whom SEB Life has terms of business.

So why was SEB paying intermediary commission at all to CWM which was not regulated at all for anything – not pet insurance, not bicycle insurance, nothing. It matters not to whom the commission was paid, the products were sold by an unregulated firm (CWM) and SEB should never have accepted the business – let alone ever paid commission (irrespective of to whom this commission was paid).

As your agent, Trafalgar must handle your complaint in accordance with their agent and regulatory responsibilities.

Trafalgar was never the victims’ agent.

In addition, the pre-sales advising process occurs between you as the policyholder and your appointed agent.

Trafalgar was never the appointed agent. Trafalgar did not provide the advice; Trafalgar did not place the dealing instructions; Trafalgar did not meet the clients.

This process identifies the customer’s needs, based on the information provided by the policyholder(s)

How would SEB know? Did they ever check the fact finds or make any attempt to ascertain the victims’ attitude to risk? No, of course they didn’t

and recommends the insurance product which best suits the customer’s objectives and needs.

This is a ludicrous comment to make. Not one single victim needed a bogus life assurance product – they were all, 100% mis-sold purely for the fat commissions paid by SEB.

SEB Life is not party to this pre-sales advising process and the discussions that occur between a policyholder and their appointed independent financial adviser as to their risk profile and the assets that will fulfill the investment needs and objectives.

Correct. But SEB ought to have noticed, over a period of several consecutive years, the inexorable losses from the toxic structured notes which repeatedly failed – and the dealing instructions for which (submitted by CWM and accepted by SEB) bore forged client signatures. SEB may not have been party to the pre-scamming advice con, but they should certainly have taken action when the results of this clear fraud started to become obvious.

SEB Life does not offer any investment advice, and this is clearly stated in the declaration section of the application form that we ensure is signed by the customer.

And damn good job too. Most victims would probably trust a convicted thief rather than SEB. The declaration section of the application form may make it clear that SEB does not offer investment advice, but the annual statements also make it clear that SEB can do maths. And that basic maths demonstrated that hundreds of policyholders’ funds were being routinely destroyed.

Our literature states that the amounts invested in the Units of the Fund in the contract are not guaranteed but are subject to fluctuations in value depending, in particular, on the performance of financial markets.

There is fluctuation, and then there is total destruction. Fluctuation goes up and down. Destruction just goes down. Did not a single half-wit at SEB notice the difference over a period of seven years?

The return on investment is not in SEB Life’s control and past performance is not an indicator of the future performance of any asset.

So, if Bloodstone Building in Dublin caught fire, would the blind, deaf and dumb idiots at SEB just sit there, shrug their shoulders and say “a fire in the building is not within our control – we aren’t firefighters. And we won’t even bother using the fire extinguishers or calling the fire brigade. We’ll just sit here and watch the building get destroyed and burn to death ourselves?”

SEB also request that a one-page “Statement of Understanding” is signed by a policyholder where an investment request is received in relation to a non-standard asset.

Really? Who told Orla Golden that? The Statement of Understanding Fairy? This simply is not true.

This is to confirm that the policyholder has read and understood the potential financial, market and liquidity risks associated with the asset before proceeding.

None of the victims understood the assets which SEB was permitting the scammers at CWM to churn; none of the victims realised or understood what structured notes; none of the victims knew that structured notes were for professional investors only and not for retail investors; none of the victims knew that they stood to lose part or all of their investment (as most did); none of the victims realised that SEB would just sit there and let the repeated losses keep happening as the unlicensed, unqualified scammers at CWM kept scamming away for seven years.

Policyholders are able to request that their policy be linked to assets that are within the company’s permissible asset list. The investments have been executed by SEB Life on the basis of written instructions submitted to SEB Life that were signed by you as the policyholder

No they weren’t – the signatures were forged

or your appointed investment advisor.

Meaning the unqualified, unlicensed scammers at CWM who did not have an investment license – let alone an insurance license.

SEB Life relief upon and implemented those instructions in good faith and in accordance with the terms and conditions of the policy.

There was nothing good about SEB’s “faith”. This particular victim – whose complaint has not been upheld by SEB – suffered the following losses between 2009 and 2015:

12 toxic, professional-investor-only structured notes from Nomura, RBC, Commerzbank, Leonteq and BNP Paribas:

Lost a total of 271,539 EUR

Investment in the Quadris Teak UCIS fund:

Lost 100,000 GBP

TOTAL LOSS IN SIX YEARS: 371,539 EUR

Didn’t SEB notice? Didn’t SEB care? Didn’t SEB do anything for seven years?

The answer, of course, is a resounding no. The lazy, callous, greedy, negligent did nothing except sit there and watch this victim’s life savings be destroyed by the scammers.

With regard to your allegations of regulatory breaches and fraud committed on your policy, SEB Life is unable to comment on such allegations and these must be discussed with your appointed financial advisor Trafalgar directly.

I have no doubt that SEB’s lawyers will have advised them to keep their mouths shut on this one and to try to deflect the blame onto Trafalgar. This is one of the things I hate about lawyers – even when they know their dirty clients are guilty they will still defend them to the hilt. As long as they keep billing, the lawyers won’t care how many lives their negligent and culpable clients ruin.

In these circumstances, you may wish to seek independent financial advice

I wonder what sort of “adviser” SEB have in mind? Scammers like CWM?

and/or legal advice regarding your engagements with your appointed financial adviser.

And I wonder what sort of law firm SEB would recommend? A dodgy firm like SEB’s own lawyers who are happy to make money out of defending the indefensible?

July 12, 2018
UAE REGULATOR DOES A BIT OF REGULATING

International Investment has written a jolly good article about the recent action taken by the UAE Insurance Authority – headed up by His Excellency Ibrahim Al Zaabi. I quote from Gary Robinson’s article:

“In a statement on the Arabic version on its website the IA has issued a circular confirming the suspension (of Holborn Assets) for a period of three months or until it is satisfied that the company has improved its performance.

According to Dubai-based sources that International Investment has been speaking to, the IA has written to regulated insurance companies notifying them of their action.”

I have no doubt that Holborn Assets will rise to the challenge magnificently and in a dignified manner – and will recognise the fact that it is time for the routine misuse of all insurance bonds in offshore financial services to come to an end. I also doubt Holborn Assets will sell any more RL360 products.

The Continental Wealth Management debacle must surely serve as a perfect example of how and why insurance bonds should not be used at all – and indeed how and why structured notes should be banned altogether. And yet, despite the Malta FSC’s lukewarm change in regulations to ban advisers without an investment license and limit structured notes to 30% of a portfolio, useless/pointless insurance bonds and toxic structured notes are very much the norm across the offshore financial services landscape.

The Eagle-eyed Sheikh Al Zaabi has obviously spotted something that regulators in all jurisdictions which affect British expats have turned a deliberate blind eye to. Insurance products can, have been, and are routinely abused. And the abusers often cause heavy losses to thousands of unfortunate victims. His Eminence also obviously recognises that turning a blind eye damages not only the jurisdiction in question, but also the reputation of financial services in general.

Quite frankly, it is shameful and embarrassing how many regulators behave (or rather fail to behave).

The FCA takes no action even when their nose is rubbed into obvious fraud – and let the British Steel disaster happen under their very noses. In fact it took public-spirited independent financial services professionals such as Al Rush, Darren Cooke and Henry Tapper to take it on themselves to try to rescue the steelworkers while the scammers hovered like vultures. I would like to be proud to be British, but the FCA is a national disgrace and an embarrassment to all British citizens. I wouldn’t mind if the FCA was just lazy, but it simply doesn’t care about the interests of those who get conned and scammed.

The Guernsey FSC allowed many frauds, including trustees Concept Trustees to sell UCIS fund EEA Life Settlements even after the FSA “toxic” warning. And, of course, EEA Life Settlements itself. Then the stable door shut with a resounding clang as an ombudsman was brought in, but told not to hear any complaints prior to July 2013. This effectively excluded all the worst scams which were being carried out in Guernsey by the likes of Concept Trustees – which took business from Stephen Ward’s Premier Pension Solutions which neither had regulation nor professional indemnity insurance.

The Gibraltar FSC appears to actively encourage outright scammers such STM Fidecs – and when financial crime is brought to their attention they go fishing for a few small, wet fish. Talking of fish, I think it is very fishy that Paul Garner, now of the Gibraltar FSC, used to work for scammer XXXX XXXX at Global Partners Ltd – the firm that “advised” hundreds of UK-resident victims to transfer their pensions to an STM Fidecs QROPS. Then STM Fidecs allowed XXXX XXXX to invest 100% of 100% of these victims’ funds into his own UCIS fund: Trafalgar Multi Asset (now in liquidation). I genuinely don’t know at which point Paul Garner moved over from Global Partners Limited to the Gibraltar FSC……but I have a feeling his leaving do will be an exceptionally (and uncharacteristically) lavish affair – and I am very much hoping to be invited. I hear there will be something fishy on the menu and Garner’s good fortune will be toasted with something bubbly. I have no doubt the cleaners will effectively brush all the crumbs under the carpet after the party.

The Central Bank of Ireland will be put to the test when scammers SEB (formerly Irish Life) are put in the spotlight. CBI has known for years that SEB – led by Peder Nateus and Conor McCarthy – has been facilitating financial crime. SEB took £ millions’ worth of business from unlicensed scammers Continental Wealth Management and allowed the whole lot to be invested in toxic structured notes: “for professional investors only”. These notes – including the fraudulent Leonteq ones (over which OMI is now suing Leonteq) clearly warned of the “danger of loss of part or all of your capital”. And yet SEB sat there and watched while hundreds of CWM‘s clients’ victims’ life savings were destroyed – and did nothing. This has left many victims in despair and poverty – with some contemplating suicide.

Against this backdrop of extreme ineptitude and collusion amongst this collection of chocolate teapots, motorbike ashtrays and fishnet willy warmers, let us all hope that the UAE Insurance Authority shows all these no-hopers what effective regulation should look, smell and feel like.

June 28, 2018
Qualified or not qualified? That is the question.
I have been working for Pension Life for five months. I help Angie Brooks with blogging, images and social media networking. When editing a blog the other day, a question struck me: how do we know if anyone who offers a service is qualified to do so? For example, be it the dentist, doctor or financial adviser. When we go to the doctor at, say, an NHS-registered surgery, we don´t ask for the doctor’s certificate, qualifications or credentials. We assume that the NHS has done all the checking and that the doctor we see is qualified.

Pension Life blogs often talk about regulated and unregulated firms and qualified financial adviser and unqualified financial adviser. The world of finance, unfortunately, harbours some downright greedy wrong’uns with pound signs in their eyes. These wrong’uns are happy to swan about giving unqualified and regulated advice and hopefully stay under the radar.

I thought that a blog explaining the qualifications needed to advise someone on their pension and investments would be an invaluable blog to have in the Pension Life blog archives.

I work in pensions and finance, but I am not a qualified financial adviser. I have studied Multimedia and Cultural Studies – I have a bachelor of Arts degree – and here is where I apply my skills to – specifically – the pension side of finance. This does not, however, mean I am in any way qualified to give pensions and investment advice – as I am not qualified to do so.

However, here in the Pension Life office we are well aware that there are many unqualified and unregulated people offering financial advice to pension holders. The tragic result is that many people are falling victim to pension and investment scams as they are not aware of the qualifications which must be held in order to offer this kind of financial advice.

Pension vampires are hidden around every bend. With cold calling, charming manners and compelling sales techniques, offering high returns with low risks, it’s easy to be lulled into a false sense of security and trust these fraudsters with your money.

Lucky for readers, I am here to offer you knowledge and information to help you avoid falling victim to bad financial advice from an unqualified financial adviser.

Using advice from Chartered Global about financial qualifications, you can discover that:
Level 3 Financial Adviser Qualifications

The most basic or entrance tier is the certificate level which is classed as a level 3 qualification within the UK framework, equivalent to A levels. Level 3 qualifications include:

CertCII: Certificate in Financial Planning issued by the Chartered Insurance Institute

CertPFS: Certificate in Financial Planning issued by the Personal Finance Society

CeFA: Certificate in Financial Advice issued by the Institute of Financial Services

Cert IM: Certificate in Investment Management issued by the Chartered Institute for Securities & Investment

Level 3 qualifications are sometimes held by adviser office staff and certain mortgage or protection advisers in a bank for example. These certificates require passing a selection of exams over 1-2 years and holders will have a general grounding in financial planning and financial services.
Level 4 Financial Adviser Qualifications

However, since 2012 financial advisers in the UK have been required to hold a minimum of a level 4 qualification to be able to continue to provide independent financial planning advice.The minimum required qualification to provide independent financial planning advice in the UK is now the diploma level, a level 4 professional qualification.

Look for the following letters or designations to identify a level 4 adviser:

DipCII: Diploma in Financial Planning issued by the CII

DipPFS: Diploma in Financial Planning issued by the PFS

DipFA: Diploma in Financial Advice issued by the IFS

IAD: Investment Advice Diploma issued by the Chartered Institute for Securities & Investment

Building on the certificate knowledge, level 4 advisers will offer a well rounded understanding of financial planning and products, from general investments, structured products, to basic pension, protection, tax and savings advice.
Level 6 Financial Adviser Qualifications

A full two levels higher are the profession’s top tier of financial advisers; holders of level 6 qualifications equivalent to a bachelor honours degree. Completing a comprehensive suite of professional exams over many years, these top-flight advisers will be designated through one of the following:

APFS: Advanced Diploma in Financial Planning issued by the CII

CFPCM: Certified Financial Planner

Adv DipFA: Advanced Diploma in Financial Advice issued by the IFS

Advisers at this level will have advanced expertise in the main areas of general financial planning.

Clients who require expert advice in matters such as investment management and portfolio construction, complex estate planning, inheritance tax mitigation, the use of trusts in family wealth planning, pension and pension transfers, QROPS, personal tax planning, business financial planning or general holistic financial advice will always be better off consulting a level 6 adviser.

If your adviser claims a CII qualification use this link to check their credentials are up to date. Anyone claiming CII should be on this register.

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

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CISI qualifications information:

Follow a progressive study route consistent with career paths in the financial services sector. Practitioners working in, or looking for a career in, Paraplanning should complete the level 4 Certificate in Paraplanning. Practitioners looking to work towards obtaining the CERTIFIED FINANCIAL PLANNER^TM certification should complete the RDR-compliant Investment Advice Diploma with the Financial Planning & Advice unit included.

The CISI is able to offer candidates an FCA approved, RDR-compliant direct study pathway leading to the level 6 Diploma in Financial Planning and the globally recognised CERTIFIED FINANCIAL PLANNER^TMcertification, the pinnacle designation for financial planning.

Holding a CISI qualificationmeans that you are qualified to give Pensions advice. Anyone who states they have this type of qualification should appear on the CISI register.

To check you financial advisers claims to a CISI follow the link below and pop their name into the search.

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

edit: After publishing this blog I was offered some more information about financial qualifications. Holding a DipFA gives you a qualification similar to the above levels 4-6 which means they are qualified to give financial advice on retail investments ie Pensions. Here’s their website so you can check any financial adviser who uses these letters after their name. Anyone claiming a DipFA should show up on their register.

https://www.libf.ac.uk/members-and-alumni/sps-and-cpd-register

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A company that rates well in being qualified & registered in Blevins Franks Spain, check out our series of blogs Qualified & registered? to see how the offshore companies who offer financial services rate on their staffs claimed qualifications, versus actually being qualified & registered – some of the results are VERY VERY scary.

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$Pension Life Blog - Qualified or not qualified that is the question - fractional scamming - Qualified Financial Adviser$

Some more points to bear in mind:

Even CII-registered qualified financial advisers can be bad guys. Despite being a fully qualified financial adviser AND a CII examiner, Stephen Ward, of Premier Pension Solutions has been responsible for a large number of scams. Ward was responsible for the ARK debacle, and he facilitated the CWM scam and Evergreen New Zealand QROPS. EDIT: Stephen Ward has been banned from acting as a pension trutsee!

Also, “introducers” lurk in the sidelines luring people in and then referring them in the direction of a qualified, regulated financial adviser, who in turn refers them to an insurance company, and finds a provider for the pension and investments etc etc. Unfortunately, this often results in not just one but several layers of commissions, charges and fees. These all take their toll on your fund. Often referred to as fractional scamming, all of these people get a chunk AND there’s an annual charge (regardless of performance – this is often a % of the original fund value); AND if/when you realise your fund is suffering you may well find there’s an exit fee to top it all off.

So when venturing out for financial advice, please ensure you know that your adviser has the correct qualifications and regulation for the advice they are giving. A good past-performance and track record would also be helpful.

Don´t be afraid to ask for proof of this – a qualified and ethical financial adviser will be happy to provide you with their credentials and background.

If the adviser veers away from the subject of qualifications, veer your custom and funds away quickly.

If the adviser avoids any question you would like answers to, avoiding giving him and his firm your custom.

Check all the facts and figures (absolutely all of them) before signing ANYTHING!

Get all the information in hard copy and read it at least three times or however many times you need to read it to be completely comfortable that you understand everything.

Be sure you know exactly where your funds are going, what the charges will be for the transfer and any annual fees and early exit penalties.

Keep a constant, regular check on the progress of your fund – many pension and investment providers now give online access to check the progress of your funds.

Choosing what to do with your pension can present a minefield of options and layers of paperwork which you might not understand. Ensuring the people you are dealing with are fully qualified financial advisers is a great start. Here´s a link to Pension Life members Pete and Val´s video, they were both victims of the CWM pension scam and have been left with decimated fund. Pete states,

“Assume nothing with these people, if you do your doomed.”

Please heed Pete´s advice and make sure you know all the facts about any proposed pension transfer and keep a regular check on how your pension is doing.

I am writing a series of blogs about pensions, pension scammers and how to safe guard your pension fund from fraudster. Please make sure you read as many as possible and ensure you know everything you should about your pension fund transfer. If we can educated the masses about pension fraud we can stop the scammers in their tracks – globally.

What is a Pension Scam?

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June 6, 2018
International Adviser – Giraffe Awards

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

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

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

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

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

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

“Readers choice – Europe – SEB International”

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

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

THE GIRAFFE AWARDS

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

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

Advisory Firms: Continental Wealth Management, Holborn Assets

Pension Trustees: Concept, STM Fidecs, Fast Pensions

Life Offices: SEB, Generali, Hansard

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

Structured Product Providers: Leonteq, Nomura, RBC, Commerzbank

Regulators: Isle of Man, New Zealand, United Kingdom

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

May 28, 2018
TICKING TAX TIME BOMB ON LIFE SAVINGS

Welcome to my world – and the four letter word that sends a chill down most people’s spine: HMRC. A world where justice and taxation are not just in different countries, but on different continents. And, sadly, where thousands of British expats are living under the shadow of a ticking time bomb because of arrangements made with their pensions and life savings.

A few people are aware of the tax disaster that awaits them. But the majority have absolutely no idea and it is going to hit them as a devastating shock – whether from HMRC or their local tax authorities (or, in some cases, both).

Up to 2012, expats were routinely sending their pensions off to New Zealand – to the Superlife and Southern Star QROPS – and then busting 100% out. After the rules changed in April 2012, Stephen Ward set up the Evergreen QROPS/Marazion loan scam and up to 300 people bust 50% of their pensions out. It remains to be seen how the Spanish tax authorities will treat all these payments. It is unlikely to be pleasant for those affected.

For expats in Spain, the outlook can be grim. If there is a debt with HMRC for tax – say an unauthorised pension payment @ 55% – HMRC can send the debt to the Spanish Tributaria and they can then enforce the payment. If we think that HMRC is heartless, the Tributaria makes them look like the Sally Army. If a tax debt is unpaid, they will just have your bank account frozen and can also put your house up for auction.

In the Continental Wealth Management scam, large numbers of victims were paid compensation for the destruction of their pension funds by investing them in high-risk, toxic structured notes from firms such as Leonteq. But CWM had not bargained for the fact that in Spain the Tributaria would deem this to be taxable income – and the victims had a terrible surprise when the money they had used up to live on attracted a hefty tax bill for which they hadn’t budgeted.

Which brings me to Portfolio Bonds in general – and the SEB Life International “Spanish” one in particular. Many victims are fooled into thinking that because this product is heralded as “Spanish Compliant” that there is some degree of safety or security. There isn’t. SEB’s Spanish Portfolio bond is compliant from the Tributaria’s point of view because it reports annually on growth of the portfolio for tax purposes. However, that is all there is to it. And it is a waste of time anyway, because there often isn’t any growth – only loss. The huge quarterly charges by SEB erode any growth – and if toxic Leonteq structured notes have been used, there will be destruction of most or even all of the fund.

The Continental Wealth Management scandal – along with similar scams run by firms such as Holborn Assets – should have taught the industry conclusively that insurance bonds should not be used for pensions. They are too expensive and inflexible. The quarterly charges do increase when the fund value increases, but they don’t decrease when the fund is impaired – or even destroyed entirely. I have one member whose fund has gone from £250k to minus £57k as SEB simply kept taking their fees long after the fund was worthless.

An insurance bond (Personalised Portfolio Bond) can be used by an individual as an investment wrapper outside of the UK. This can be useful and tax efficient offshore. But when the investor goes back to the UK, there is a tax nightmare. Personalised Portfolio Bonds come under anti-avoidance legislation in the UK!

The horrible surprise that the investor will get upon returning to British soil is that HMRC can assume a deemed gain even if there is no gain at all, and charge tax on it. It is known often as the 15/15/15 rule and it leads to taxation even where the fund within the bond is losing money.

This situation only applies to investments within the Personalised Portfolio Bonds, selected by the policyholder, where the policyholder is a UK tax resident. The tax payable is at the policyholder’s highest rate. Even worse, the supposed tax efficiency of investment bonds does not work as top slicing relief (which normally lessens the blow and is often the cited reason for these bonds when sold to non-UK investors) does not apply to Personalised Portfolio Bonds.

Most people assume that tax is applied to actual gains made by the overall fund. And few offshore advisers have heard of the tax rules which apply in this situation (The Income Tax, Trading and other Income Act (ITTOIA) 2005 Sections 515 to 526). The devasting effect of this on an expat returning home is that the rules assume an annual gain of 15% of both the initial premium and the cumulative actual gains from the date the bond was established.

My friends at International Adviser published an article about this, by Chris Lean of TailorMade Pensions last month.

What is a Pension Scam?

May 27, 2018
SEB – NO TRUST – NO RESPECT – NO EXCUSE

SEB – NO TRUST – NO RESPECT – NO EXCUSE. SEB’s many victims have no trust or respect for this disgraceful firm which has failed them so dismally. There has been no excuse for SEB’s appalling behaviour – and now is the time for SEB to put the damage right.

This week, SEB had the gall to write to its many victims as below:

From: <no-reply@seb.ie>
Date: 22 de mayo de 2018, 17:03:52 CEST
To: <SEBvictim@yahoo.co.uk>
Subject: Important information regarding the General Data Protection Regulation

Dear client,

We respect the trust you place in us when you share your information with us. So we are letting you know about improvements to how we use, store and share the information we hold about you.

The European Union is introducing new legislation, the General Data Protection Regulation (GDPR), which comes into effect on 25^th May 2018. GDPR significantly changes data protection law in Europe.

Yours sincerely,

Orla Golden
Operations Manager SEB Life International

Phone: +353 1 487 0700

Trust? Respect? Is Orla Golden having an 18-carat laugh? Does he truly think that a single one of SEB’s victims gives a damn about their “information”? Doesn’t he think that, actually, all SEB’s victims would love to share the information that they have been ripped off, conned and scammed by SEB? And that while their life savings continue to dwindle away to nothing, SEB is continuing to charge extortionate quarterly fees?

The European Union should ban scammers like SEB (and Generali) from operating in Spain and the whole of Europe. SEB is a disgusting parasite and brings the whole of the financial services industry into disrepute. SEB took business from an unlicensed firm of known scammers (Continental Wealth Management) and then sat back and watched while toxic structured notes destroyed hundreds of victims’ life savings. And did NOTHING.

Who at SEB is responsible for the travesty of the destruction of hundreds of victims of the Continental Wealth Management scam? And the terrible stress these people are going through? This guy:

https://www.linkedin.com/in/conor-j-mccarthy-8419263/

Conor J. McCarthy. And his email address is conor.mccarthy@seb.ie

His Linkedin profile claims that he is European Sales Director with responsibility for Intermediary sales with SEB Life International. That means that he was responsible for accepting business from Continental Wealth Management and for the destruction of millions of pounds’ worth of life savings. He took millions of pounds worth of business from an unlicensed firm of known scammers and accepted investments in toxic, high-risk structured notes – including the fraudulent Leonteq ones – knowing full well that the victims were low/medium risk pension savers.

Mr. McCarthy also claims that: “As a qualified financial adviser (QFA) I have a keen understanding of financial planning and investment needs of international clients. As a marketing graduate, I try to communicate in such a way that it all makes sense to clients.” I really don’t think that any of SEB’s victims have any trouble understanding the communications that reported their losses.

As a marketing graduate, Mr. McCarthy should understand that the best way to “market” a company is to compensate the victims without them having to sue SEB.

The managing director of SEB is Peder Nateus and I assume his email address must be peder.nateus@seb.ie

So let us all share our information about SEB’s sickening behaviour and tell the European Union what we all think about SEB as publicly as possible.

May 25, 2018
SEB – DESTROYING LIFE SAVINGS
SEB – DESTROYING LIFE SAVINGS – accepting business and investment instructions from unlicensed scammers.

SEB Life International Assurance offers so-called life assurance policies to expats living in Spain. SEB claim that their policies are straightforward and help investors to construct investment portfolios specifically to individual needs. The truth is, life assurance policies with SEB destroy life savings.

In reality, SEB – along with many other life offices – merely serves to facilitate financial crime. In the case of victim Dave, SEB accepted investment instructions from a known firm of unlicensed scammers: Continental Wealth Management. SEB allowed them to invest 100% of Dave’s retirement portfolio in toxic structured notes which resulted in him losing nearly two thirds of his life savings.

SEB – DESTROYING LIFE SAVINGS: Dave, resident in Spain, transferred his pension fund to a QROPS in December of 2012. The scammers put him into an SEB “bond” which was supposedly “Spanish compliant”. Continental Wealth then invested £160,000 into one high-risk, professional-investor-only structured note and kept £7,000 in cash for SEB’s fees – basically a claw-back of the commission paid to the scammers.

In December 2015 Dave was sent his annual policy valuation by SEB. The opening policy value was just over £90,000 – £60,000 LESS than the original value three years earlier. A year later, the fund was worth just under £55,000. Two thirds of Dave’s pension pot had dribbled out from bad investments and high policy charges – thanks to SEB letting the scammers play fast and loose with the money.

Despite these crippling losses, SEB continued to charging their quarterly policy fees.

In 2013 and 2016 SEB wrote to Dave, informing him that he did not have a “nominated asset” to keep his cash balance positive – so that SEB could keep taking their own fees while they sat and watched Dave’s funds being destroyed by the scammers. This entailed Dave’s fund suffering a further loss as an early redemption of structured notes inevitably results in a loss.

The SEB website claims:
- “Commitment to outstanding client servicing” If sitting back like a lazy parasite and watching a client’s life savings lose 2/3 of its value is “outstanding” we hate to think what “bad” client servicing is.
- “Highly secure and reputable company with sound financial backing” We are glad to hear SEB has financial backing – it is going to need it to pay redress to Dave and all the other victims whose pensions were destroyed by scammers. This will be the real test of whether SEB is “highly secure and reputable”.
- “Competitive products” We would not consider high-risk structured notes to be “competitive” in any way – they are totally unsuitable for pensions. SEB should have known this and should not have allowed the victims’ life savings to be invested in such toxic products.
- “SEB Life International aims to provide superior long-term investment performance and a broad range of products to suit complex investment needs. So, whatever your investment needs, managing a sophisticated portfolio or simply saving for the future – you’ll find solutions here.” In Dave’s case, there was NO superior long-term investment performance. Just massive losses through investing his hard earned cash into toxic, high-risk structured notes which were clearly labeled “for professional investors only”.
Dave can certainly vouch for the fact that in his case, the only outstanding client service SEB delivered was the guarantee of taking their quarterly fees – and even causing him further losses to keep sufficient cash in the portfolio so they could help themselves to his money.

SEB’s website also claims that the only investments they will accept are:

• SEB Life International internal Unit-Linked Funds (including Internal and Select List Funds and Standard
Profiles)
• Undertakings for Collective Investments in Transferable Securities (UCITS)
• Retail Authorised EU based Collective Investment Schemes1
• Cash and Fixed Deposits
The policyholder may only switch from among the different groups of assets detailed above.

Structured Notes will not be accepted.

So, in addition to facilitating financial crime and paying known scammers huge commissions to destroy victims’ life savings, SEB Life International are outright liars. Dave, along with hundreds of other victims, had their retirement funds invested in structured notes provided by Commerzbank, RBC, Nomura and the fraudsters at Leonteq.
May 8, 2018