Tag: Simon Swallow

  • Scammers are criminals.  So why aren’t they in jail?

    Scammers are criminals. So why aren’t they in jail?

    Scammers are criminals, so why are they not being prosecuted?As 2018 draws to a close, a recap is in order to review the year’s progress in the war against pension scammers. Let us not forget – in the immortal words of the Pensions Regulator’s Lesley Titcombe: scammers are criminals. However, the sad truth is that most of them have not been prosecuted or jailed.

    The vast majority of the well-known pension scammers are still roaming free, busy thinking up yet more life-destroying schemes to make them rich and the victims poor.  Whilst the scammers enjoy champagne this New Year’s Eve, many victims will be worrying themselves sick about their bleak financial future.

    The Pensions Regulator, the Serious Fraud Office, the Insolvency Service, crime enforcement agencies and courts all seem to drag their feet when it comes to actually bringing charges against these criminals. Yet we see people being locked up for renting out caravans to help vulnerable homeless families! I would love it if this was a short and sweet blog, with many happy endings.  But, alas, the scams are plentiful and the victims are left uncompensated for their losses.

    Let’s have a quick round up of where we are with the scams and scammers.  And remember: all the thousands of victims want to see the scammers sent to jail and the keys thrown away so they can’t ruin any more innocent people’s lives.

    5G Futures

    5G Futures: in May 2013 Garry John Williams and Susan Lynn Huxley were suspended as trustees of the 5G Futures pension scheme, and from trust schemes in general. Pi Consulting was appointed as the new trustee by the Pensions Regulator.

    About 400 people had invested a total of £20m into the 5G Futures scheme – which was invested in high-risk, illiquid off-shore investments, with insufficient diversification making them completely unsuitable for pension scheme investments. There was no due diligence exercised by Williams and Huxley – and the scheme records were a mess.

    The scheme operated pension liberation through ‘loans’ to members. Williams and Huxley were found to have taken very high commissions on the investments – taking nearly £900,00 in one year alone.

    One of the most worrying things, however, is that the pension scammers don’t just leave the pensions industry and dedicate themselves to helping their many distressed victims – they start up all over again:

    Garry Williams and Sue Huxley went on to run Corporate Futures.eu

    Neither Garry Williams nor Sue Huxley has ever been convicted or jailed.

    Ark

    Stephen Ward: (this will not be the last time you hear this name in this blog) was the mastermind behind this scam (dating back to 2010).   It was his first known scam – but by no means his last one. What is left of the Ark fund, stands still frozen, in the hands of Dalriada Trustees, who continue to take their yearly costs and fees from what little is left.  Dalriada has done nothing to ensure the scammers are prosecuted – saying it is “not within their remit”. The victims of the Ark scam also have the heavy hand of HMRC hanging over them.  And let us not forget that it was HMRC who happily registered this scam and failed to withdraw the registration when they discovered that Stephen Ward was operating pension liberation fraud.

    Dalriada has never reported Stephen Ward to the police as it is not “within their remit” to ensure the scammers are prosecuted.

    In 2018 we saw Stephen Ward being banned from acting as a pension trustee. Eight years after his first scam, he has still not been imprisoned for the millions of pounds’ worth of life savings he has destroyed and the thousands of lives he has ruined.

    Other prominent figures in the Ark scam were Julian Hanson – who went on to play a key role in the Friendly Pensions scam; George Frost who went on to operate a new pension liberation scam using truffle trees as investments; Andrew Isles who went on to sell his accountancy business, Isles and Storer to LB Group; Peter Moat of Blu Debt Management who went on to operate the Fast Pensions scam.  None of these scammers has ever been convicted or jailed.

    Axiom

    Another pension liberation scam, which saw victims with HMRC tax demands of 55%Rex Ashcroft of Wealth Protection International was one of the main introducers of this scam. According to his Linkedin profile, he offers business development strategy planning for the UK, Spain, Portugal and France.  He also offers “day-to-day application of wealth protection strategies”.  Ashcroft lied to Axiom victims telling them they could access part of their pensions and not pay tax on the cash they took out.

    Rex Ashcroft has never been convicted or jailed.

     

    Blackmore Global FundPension Life blog - Scammers are criminals, so why are they not being prosecuted? Blackmore Global

    The Blackmore Global Fund saw UK-based victims conned into transferring their pension funds into QROPS in Malta and Hong Kong between 2014 and 2016.  After the transfers, the funds were invested in the Blackmore Global UCIS fund (Unregulated Collective Investment Scheme) and the victims were locked in (unknowingly) for ten years.  Huge commissions were taken by the introducers, Aspinal Chase and David Vilka of Square Mile International and the fund managers Phillip Nunn and Patrick McCreesh.  Victims locked into ten-year fixed termare still waiting for a copy of an independent audit – which was promised back in 2016! Despite media attention from the BBC, victims still do not know how much of their pension fund – if any – is left.

    David Vilka, Phillip Nunn and Patrick McCreesh have never been convicted or jailed.  Blackmore Global Group is still being promoted by Phillip Nunn!  Nunn and McCreesh had been the main lead generators in the Capita Oak scam – earning nearly £1 million in the process.

    Capita Oak

    This was another of Stephen Ward´s scams – on which he worked closely with his pensions lawyer Alan Fowler (ex Stevens and Bolton Solicitors) and his sidekick Bill Perkins.  Ward carried out the transfer administration for this scam which was mainly operated by XXXX XXXX who offered victims 5% Thurlston “loans”.   Over 300 victims are facing the partial or total loss of their pensions and are also now being pursued by HMRC for tax liabilities on the “loans”.

    Capita Oak – like Ark – was placed in the hands of Dalriada Trustees.  But Dalriada has never reported Stephen Ward – or any of the other scammers – to the police as it is not “within their remit” to ensure the scammers are prosecuted.

    Stephen Ward, Alan Fowler, Bill Perkins and XXXX XXXX have never been convicted or jailed (although XXXX XXXX is under investigation by the Serious Fraud Office). 

    Continental Wealth Management

    Pension Life blog - Scammers are criminals, so why are they not being prosecuted? Stephen Ward’s firm Premier Pension Solutions (in Moraira, Spain) was the “sister” firm of Continental Wealth Management, run by scammer Darren Kirby.  This was one of the biggest single scams – known as CWM – with around 1,000 victims losing part or all of their life savings. Other scammers involved were Anthony Downs, Dean Stogsdill, Alan Gorringe, Richard Peasley, and Neil Hathaway.

    This scam was promoted by cold-calling victims and promising unrealistically high returns and “capital protection”.  Darren Kirby and Anthony Downs used the victims’ funds to invest in totally unsuitable, high-risk, fixed-term structured notes.  This scam saw huge commissions paid by the life offices – Old Mutual International, SEB, and Generali – as well as by the structured note providers: Leonteq, Commerzbank, Royal Bank of Canada, and BNP Paribas to this unregulated firm.  Let us not forget that this was without question financial crime and was facilitated by the life offices.

    Old Mutual International, run by ex IoM regulator Peter Kenny, was the leading life office which facilitated the CWM scam.  Generali and SEB also routinely accepted business from these known scammers and unlicensed advisers.

    Stephen Ward, Darren Kirby, Anthony Downs, Dean Stogsdill, Alan Gorringe, Richard Peasley, and Neil Hathaway have never been convicted or jailed.

    ELYSIAN FUELS

    James Hay and Suffolk Life were accepting Elysian shares for liberation purposes

    Another Stephen Ward creation which was operating 80% liberation with the full cooperation of the SIPPS providers James Hay and Suffolk Life.  The SIPPS providers and the victims could face tax charges of up to £20 million from HMRC.

     

     

     

    Despite clear evidence that Stephen Ward pushed this scam in emails to Alan Fowler and Bill Perkins, neither Ward nor Fowler nor Perkins have ever been prosecuted or jailed.

     

    EVERGREEN RETIREMENT TRUST NZ QROPS PENSION LOAN SCAM

    A New Zealand QROPS scam with Marazion pension loans

    When Ark got shut down, Stephen Ward went straight to New Zealand to set up his next pension liberation scam with Simon Swallow of Charter Square.  A further 300 victims were scammed out of over £10 million and conned into Marazion “loans” AND locked into the Evergreen scheme for five years.  After the five years victims were told: ´Despite our best efforts, Evergreen has not been as successful as we had originally hoped.´  Evergreen was wound up April 208.

    This scam was promoted by Darren Kirby’s Continental Wealth Management which cold called the victims.

     

    Stephen Ward, Darren Kirby, and Simon Swallow have never been convicted or jailed.

    Fast Pensions

    Pension Life blog - Scammers are criminals, so why are they not being prosecuted?Fast Pensions, run by Peter and Sara Moat was wound up by the High Court 30th May 2018, after the six companies and 15 occupational schemes were put into liquidation in March 2018. £21m was transferred into the schemes under Peter Moat’s set of Blu loan companies. However, there was no information on the pension portfolios and what happened to the investors’ funds.  Other persons named as being involved in this scam are Miss Jane Wright (who acted as a trustee) and a Mr Chapman. Maladministration was noted by the ombudsman back in 2016.  However, nothing was done to stop the Moats.

    It was determined that there is no doubt this was a scam.

    Peter and Sara Moat and their accomplices have never been convicted or jailed.

    Friendly Pensions Limited (FPL)

    Back in January of 2018, the Pensions Regulator asked the High Court to act on their behalf in the Friendly Pensions matter.  Scammers: David Austin, Susan Dalton, Alan Barratt and Julian Hanson (also involved in ARK) were ordered to pay back £13.7 million they took from their victims and banned from being pension trustees. However, Dalriada the independent trustee appointed by TPR to take over the running of the schemes, is in charge of confiscating the scammers’ assets for the benefit of their victims. (Who knows how long this could take: how long is a piece of string?) As yet, no compensation has been offered to the victims.

    David Austin, Susan Dalton, Alan Barratt and Julian Hanson and their accomplices have never been convicted or jailed.  However, there have recently been some arrests – so let us hope this results in maximum sentences.

    HEADFORTE AND SOUTHLANDS

    Two bogus “occupational pension schemes” set up for pension liberation fraud by Stephen Ward after the Evergreen QROPS scam hit the rocks (when HMRC removed Evergreen from the QROPS list).  Victims have no idea where or how their pensions are invested.  The pensions are allegedly invested in “The Treasury Plus Fund” (whatever that might be – and it is not likely to be anything good) and the trustee is Ward’s bogus trustee firm Dorrixo Alliance.

    Nobody knows the total aggregate value of lost pensions and tax liabilities Ward has caused – we hazard a guess at a figure in the region of £100 million +.

    Stephen Ward has never been convicted or jailed.

    Henley Retirement Benefit Scheme

    Another double act by Stephen Ward and XXXX XXXX.  This was the “sister” scheme to Capita Oak.  Ward did the transfer administration – from safe, well-known and regulated pension providers to this bogus occupational scheme run by XXXX.

    Neither Stephen Ward nor XXXX XXXX  has ever been convicted or jailed.

    Incartus and Bluefin Trustees

    Another pension liberation scam – placed in the hands of Dalriada Trustees by the Pensions Regulator.

    Incartus was placed in the hands of Dalriada Trustees by the Pensions Regulator.  But Dalriada has never reported the scammers to the police as it is not “within their remit” to ensure the scammers are prosecuted.

    None of the Incartus or Bluefin trustees scammers has ever been convicted or jailed.

     

    KJK Investments and G Loans

    £11.9 million worth of transfers were made, with the victims receiving approximately 50% of their pension as a loan and the promise of the rest being invested into a high-interest generating SIPPS. The loans were made from the pensions and therefore the victims have the usual HMRC tax demand letters.  Further to the victims’ misery, the other 50% of the funds was not invested as promised. Most of the funds were swallowed by high commissions paid to the scammers.

    None of the KJK Investments/G Loans scammers has ever been convicted or jailed.

    London Quantum

    Pension Life blog - Scammers are criminals, so why are they not being prosecuted?Another of  Stephen Ward’s many pension scams, this one was courtesy of his bogus pension trustee firm Dorrixo Alliance, his accomplice Gary Barlow at Gerard Associates, and introducers at Viva Costa International. Like Ward´s other scams, London Quantum scam was never set up for the benefit of the victims, but in the interests of Stephen Ward and his team of scammers to earn the maximum amount of commission out of the toxic, illiquid, high-risk investments.

    The London Quantum scam is now in the hands of Dalriada Trustees.

    London Quantum – like Ark, Capita Oak and Fast Pensions – was placed in the hands of Dalriada Trustees by the Pensions Regulator.  But Dalriada has never reported Stephen Ward – or any of the other scammers – to the police as it is not “within their remit” to ensure the scammers are prosecuted.

    Stephen Ward and Gary Barlow have never been convicted or jailed.

    Successful Pensions

    This pension liberation scam dating back to 2013 and 2014, involved around £1m of victims pension funds. Anthony Locke, was sentenced to a five-year jail term and Ray King, 54, who was employed by Lock, was given a three-year jail sentence.

    It is great that these two crooks received jail terms, however, they are relatively “small fry” in comparison to the other serial scammers who are still walking free!  The question remains: why have two minor players such as Locke and King been convicted and jailed while the “big fish” remain free to keep on scamming?

    Salmon Enterprises

    Pension Life Blog - Salmon Enterprises Scheme Pension Scam116 victims were scammed out of their pensions by James Lau of FCA-regulated Wightman Fletcher McCabe.  Victims were assured the loans they were given did not come from their pension funds and would not be taxable by HMRC.  The trustees of the scheme – Peter Bradley and Andrew Meeson (both ex HMRC) of Tudor Capital Management – were jailed for eight years for cheating the Public Revenue.  James Lau is currently under criminal investigation by the Insolvency Service. The victims are awaiting a verdict on whether they will still have to pay the tax penalties.

    James Lau has not yet been convicted or jailed – although he is clearly a wanted man.

    Pension Life blog - Scammers are criminals, so why are they not being prosecuted?Trafalgar Multi-Asset Fund

    This fund, created by XXXX XXXX, loaned most of the £21m invested by hundreds of victims to Dolphin Trust. Dolphin Trust is a UCIS which was illegal to be sold to UK residents. The Trafalgar Multi-Asset fund was suspended back in September 2016 and victims are still waiting to find out if they will ever get their money back.

    This scam was facilitated by STM Fidecs in Gibraltar – one of Europe’s biggest QROPS providers.  The regulator did order Deloittes to carry out an inspection into STM Fidecs’ books, but no action was taken against STM Fidecs for their part in this scam.

    STM Fidecs accepted transfers into the QROPS by UK-resident victims “advised” by XXXX XXXX – even though he was not licensed to give financial advice.  And then XXXX’s clients were 100% invested in XXXX’s own fund.

    XXXX XXXX has not yet been convicted or jailed – although he is clearly under investigation by the Serious Fraud Office.

    Westminster Pension Scam

    Another of the schemes under investigation by the SFO.  This liberation scam with more than £3 million worth of (now worthless) investments was registered and administered by Stephen Ward.

    Windsor Pensions

    A no-frills pension liberation scam run by Florida-based Steve Pimlott.  This scam has been going on for years and there is no sign of any let up – despite the fact that the regulators and ombudsman are well aware of Pimlott’s modus operandi.  Pimlott doesn’t bother with any attempt to conceal the loans with fancy “loans” or complex mechanisms to try to “distance” the liberation from the pension transfer.  He uses QROPS and a fraudulently-set-up bank account in the Isle of Man (of course!).  HMRC catches many of the victims and charges them 55% tax on the liberated amount.  Pimlott charges around 15% for the liberation.

    Steve Pimlott has not yet been convicted or jailed

    What a sorry state of affairs that out of all the pension schemes I have mentioned here, only one of them has seen the scammers jailed. Serial scammers like Stephen Ward and XXXX XXXX seem to slip the noose of justice again and again.

     

     

  • EVERGREEN RETIREMENT TRUST QROPS SCAM

    EVERGREEN RETIREMENT TRUST QROPS SCAM

    Pension Life blog - EVERGREEN RETIREMENT TRUST QROPS SCAM - Marazon Loan supplied by Penrich and SpectrumEVERGREEN 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.

    Pension Life blog - EVERGREEN RETIREMENT TRUST QROPS SCAM - Definitive guide to pension scams by Stephen Ward published by TolleyCWM 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.

    Pension Life Blog - EVERGREEN RETIREMENT TRUST QROPS SCAM - Mazaron Loan Form 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.

    Pension Life Blog - EVERGREEN RETIREMENT TRUST QROPS SCAM - Marazion loan applicationWhy 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.

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

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

    Pension Life Blog - Evergreen QROPS scam - Will there be anything left? - Probably no for those who invested in Stephen Ward's 50% Marazion loans.
    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.
  • REGULATORS AND SCAMMERS

    REGULATORS AND SCAMMERS

    Regulators in all jurisdictions must take action against scammers
    Regulators have got to do some effective regulating

    Regulators and scammers; cops and robbers; cowboys and indians. Each has their role: cowboys fire their six shooters and dodge the injuns’ arrows valiantly; cops drive their police cars at breakneck speed to corner the robbers in a dark alley; regulators waggle their flaccid willies and watch the scammers walk all over them.

    In the week my great friend had his appendix out (somewhat hurriedly as it happens) I thought I would write a slight variation on the Three Sausages poem:

    Regulation, regulation, regulation,
    Three scammers went to the station,
    One got crushed, one got killed, 
    And one got a huge operation. 

    In any civilised society, criminals are jailed. Ours should be the same.
    The sizzling scammers need to be put behind bars – and the keys need to be thrown away.

    Now, I am not suggesting I want the scammers crushed or killed – nor even that they suffer the same pain and discomfort that my mate has gone through in hospital this past week.  But I do want them stopped from harming more victims and destroying more life savings.  And, of course, put behind bars where the only thing they can scam is the soap on a rope.

    WHAT DO REGULATORS NEED TO DO AS A MATTER OF URGENCY?

    All regulators in all jurisdictions where has been a history of scamming and mis-selling need to work closely with governments, tax authorities, financial crime units, ombudsmen and the press.  There has to be a “zero tolerance” attitude to scams and scammers – and all those responsible have to be brought to justice.  And publicly so.  It is clear that most regulators – including the FCA – are limp, lazy and useless and this has to change.  Here are some examples of regulators’ failures in each jurisdiction:

    UK:

    • Allowing unregulated firms to provide financial, pension and investment advice freely and without sanction in the UK.  Sometimes these firms have an insurance license – sometimes none at all
    • Not sanctioning regulated firms for clear breaches and/or fraud – such as Gerard Associates which was introducing Ark victims to Stephen Ward of Premier Pension Solutions as far back as 2010, and was then providing “advice” to Ward’s London Quantum victims
    • Ignoring firms such as Fast Pensions who have defied 37 Pensions Ombudsmen’s determinations
    • Failing to coordinate criminal prosecutions against the scammers behind numerous scams who ruined thousands of lives and cost hundreds of millions of pounds’ worth of life savings
    • Failing to use existing legislation provided by FSMA 2000 to prosecute advisors (regulated and/or unregulated) overtly contravening the ban on communicating invitations to retail clients to invest in Unregulated Collective Investment Schemes
    • Announcing ineffective crack-down plans  by newly-appointed government minsters who have failed to grasp the enormity of the pension scamming industry and the desperate plight of thousands of pension scam victims

    GIBRALTAR:

    • Failing to police and sanction negligent pension trustees such as STM Fidecs for accepting members introduced by an unlicensed adviser: XXXX XXXX of Global Partners Ltd/The Pension Reporter – who was also the fund manager for the UCIS that all the victims had their pensions invested in and which is now being wound up
    • Refusing to communicate with members on the progress of the winding up of the Trafalgar Multi Asset Fund which had been run by XXXX XXXX
    • Omitting to take action against STM Fidecs for its role in the Cornerstone Friendly Society investment scam

    MALTA:

    • Taking no action against Trustees, Integrated Capabilities Malta Ltd (ICML) for accepting retail members from an unlicensed firm in the Czech Republic and knowingly permitting investments in Nunn McCreesh’s UCIS: Blackmore Global, as well as Malta-licensed fund Symphony – a sub-fund of the Nascent Platform that is licensed only for professional investors
    • Not sanctioning Customs House Global, that runs the Nascent Platform, for inadequate due diligence and accepting unscrupulous sub-fund managers (such as XXXX XXXX, investment manager of failed TMAF and later, the recently wound up Symphony Fund) that exploit the platform for the sole purpose of pension scamming

    CAYMAN ISLANDS:

    • Not sanctioning Investors Trust for accepting high-risk UCIS investments for retail investors: Blackmore Global and Symphony

    CZECH REPUBLIC:

    • Allowing an unlicensed firm – Square Mile Financial Services – to operate freely in the EU, providing pension and investment advice with only an insurance mediation license

    ISLE OF MAN AND IRELAND:

    • Ignoring insurance companies which accept investments in UCIS funds and professional-investor-only instruments for retail investors
    • Failing to recognise those registered Closed-Ended Investment Companies whose true nature is as a Collective Investment irrespective of their form, such as Blackmore Global (registered number 010221V), that intentionally circumvent the stricter regulations imposed on collective investments, specifically to hide their financial accounts and the sub-funds which invariably include unsigned loan notes and high-risk hare-brained projects

    DUBAI:

    • Permitting brokers to use unqualified advisers to scam investors into high-risk, high-charges products

    SINGAPORE:

    • Allowing a bank – United Overseas Bank – to steal £2.5 million from a British client and taking no action

    NEW ZEALAND:

    • Failing to act against a pension liberation scam – Evergreen Retirement Benefits Scheme – run by Simon Swallow who was working with Stephen Ward of Premier Pension Solutions and operating Marazion “loans”

    GUERNSEY:

    • Ignoring Concept Trustees (Guernsey) who offered retail investors the EEA Life Settlements UCIS and then accepted investment instructions from unlicensed, un-insured Stephen Ward of Premier Pension Solutions

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

    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.

     

     

     

  • Evergreen QROPS Pension Scam and Marazion Loans

    Evergreen QROPS Pension Scam and Marazion Loans

    EVERGREEN RETIREMENT TRUST QROPS PENSION SCAM AND MARAZION LOANS

    THE WAY THE SCAM WORKED

    When Ark got shut down in June 2011, Stephen Ward flew to New Zealand and set up the Evergreen NZ QROPS liberation scam with Simon Swallow of Charter Square.  Ward also set up a “loan” company in Cyprus called Marazion.  He also did a deal with two investment funds: Penrich and Spectrum.  Expats would transfer their UK pensions to Evergreen and pay a 10% transfer fee.  As soon as the transfer was complete, a loan – funded by either

    Expat victims (mostly) would transfer their UK pensions to Evergreen and pay a 10% transfer fee.  As soon as the transfer was complete, a loan – funded by either Penrich or Spectrum (to whom the loans were assigned) was arranged between Marazion and the member.  The loan was for a fixed five-year term, and the member was made to sign a “lock in” agreement with Evergreen.

    The loan interest was 8.5% compound (quarterly) and would mean that the original loan amount would increase by 50% by the end of the five years.  Ergo, the maths worked like this at the outset: £100k transfer; £10k fees; £90k Evergreen fund; £50k loan.  At the end of the five-year term, the Evergreen fund would either have increased, decreased or remained the same (in fact, it has decreased) and the loan would have increased to £75k.  The member was offered the option to renew the loan for a further five-year term at a higher rate of interest.

    For three years, Evergreen managed to avoid disclosing what the assets of the scheme actually were, but in 2015 they had no choice other than to disclose that 41% of the scheme’s assets consisted of Penrich and Spectrum.  After a lengthy and detailed complaint to the NZ Ombudsman, the complaint against Evergreen was not upheld and the victims were originally left “locked in” until 2017.  However, Evergreen has now moved the goal posts and the victims are locked in until they reach the age of 55.  Evergreen was removed from the QROPS list by HMRC in November 2012.

    THE IDENTITY OF THE MAIN PLAYERS

    Stephen Ward of PPS/Marazion

    Continental Wealth Management SL who acted as introducers

    Simon Swallow of Charter Square

    HOW THE MAIN PLAYERS WERE INVOLVED

    Continental Wealth acted as introducers – and referred to the firm as the “sister” company to Ward’s company Premier Pension Solutions; PPS processed the transfers and loans; Swallow of Charter Square managed the scheme.