Tag: Trafalgar Multi Asset Fund

Expats and Brexit – Safeguard your pension

BREXIT is the question on everybody’s lips at the moment. BREXIT: will we? won´t we? deal? no deal? So many unanswered questions and so much scaremongering. We would like to offer some helpful words and hopefully protect you from making rash decisions. This could help you to safeguard your pension. Many scammers are trying to cash in on Brexit – make sure sure you’re not their next victim.

Remember I am not a financial adviser. I am a blogger, and I write about financial crime. I provide information about past scams and on how to avoid falling victim to new scams – especially pension scams. The words I write are aimed to help you safeguard your pension from the many offshore scammers.

So, Expats, what does Brexit mean for your pension rights? The short answer is that we really do not know! There are currently lots of “coulds” and “mights” being thrown around, but no certainties. And herein lies the risk that you and your pension could fall victim to a scam with all this scaremongering.

We are seeing a lot of adverts for expats to transfer into a QROPS before the dreaded 11pm on March 29, 2019. One company I have noticed that seems to be using Brexit to attract customers is Spectrum IFA. Back on 1st July 2018, we wrote a qualified and registered blog about Spectrum IFA. They didn´t do too well.

Firstly, despite Spectrum IFA advertising themselves as “international financial advisers”, with some digging we were able to find out that they DO NOT in fact have an investment licence. This means they are not legally allowed to advise on pensions or investments. Secondly, they scored rather poorly on the qualified and registered percentage too. Out of the 16 advisers we checked up on, only four were registered with the appropriate institutes. The rest came up red – meaning the institute had no record of them.

Worrying isn´t it? Offshore companies can try to claim they are international financial advisers, but actually be unregulated and unqualified to carry out the very service they offer! The “advisory” firms have flash websites, and some have several offices around Europe and beyond. Their PR is great at scaremongering expats about their pension investments in the lead up to Brexit.

In Spectrum’s ´Deal or no deal´ article number 14, they suggest you marry a Spaniard in order to prepare for Brexit. I´m not sure about you, but I feel that getting hitched to a native to be able to stay in Spain is a pretty drastic measure and definitely more than a little illegal.

Spectrum IFA is just one example of a firm that probably ought to be given a wide berth when transferring your precious pension fund offshore. Safeguard your pension by avoiding unregulated and unqualified firms like this one.

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It may seem daunting when you read that your UK pension could be subjected to extra taxes if we leave the EU on a no-deal basis. You may be thinking that you should transfer into a QROPS quickly, to save on these taxes. But what you really need to know is that a QROPS is not without punitive costs of its own. They can be expensive and unless you have a good lump sum to transfer you could see a huge chunk of your pension pot taken in transfer and set-up fees anyway! Potentially making you worse off.

Unfortunately, until we make a deal or actually go through with Brexit, nothing is very clear for expats. Which leaves us in an uncertain time and situation. This, I understand, may be daunting for many people, but I urge you to take a deep breath before considering any speedy offshore pension transfers. Thousands of people – especially those who have already fallen victim to scammers such as Continental Wealth Management – would give you exactly the same urgent advice.

If you do want to transfer your pension, please heed this advice to safeguard your pension:

Make sure you choose a reputable firm – one that is regulated, insured and employs fully qualified (and registered) advisers.

We did a series of blogs last year on offshore companies and their advisers. The results were extremely worrying. Aside from their blatant disregard for the necessity of these qualifications – due to being offshore – the number of unqualified advisers offshore was cause for serious concern. Many of the firms had not one single qualified and registered adviser on their team.

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

Know all the correct questions to ask an adviser before you sign on the dotted line.

A reputable firm will have a fact-find procedure, and adhere to a client’s risk profile.

A reputable firm will have compliance procedure.

A reputable firm will have clear and consistent explanations and justifications for the use of insurance bonds.

Where will your funds be invested, and how will you know if this is in line with your risk profile?

A pension fund should be placed into a low-medium risk investment.

Scammers tend to go for high-risk, professional-investor-only investments as they offer them the best commissions. But a pension fund should have more protection than this. Avoid investments that involve structured notes (like CWM´s Blue Chip notes), UCIS funds (like Blackmore Global), in-house funds, non-standard assets and any ongoing commission-paying investments.

Insurance bonds – often used by scammers – are usually an unnecessary double wrapper on your fund, that costs you more in fees and charges than a straightforward platform, lining the pockets of the scammers – but making your fund smaller.

How much will the fees and charges be? Remember NO pension transfer is free.

Legitimate firms will normally have a small transfer charge and a small annual fee.

Scammers will often be vague about fees and charges, and avoid giving you a straight answer so they can cover up the true figures. These hidden figures can see your pension fund decrease by 25% or even more in some cases.

A reputable firm should offer you regular updates on the progress of your fund.

You should receive an annual review and a quarterly update showing the fees, charges and growth of your fund.

If your new firm and adviser fail to do this, alarm bells should ring loudly.

Finally, a reputable company will publish evidence to show records of complaints made, rejected or upheld and redress paid.

If the adviser cannot show you all this information, do not trust them.

If it all sounds to good to be true, it probably is – RUN!

Safeguard your pension from the scammers

January 7, 2019
Scammer jailed – hip hip hooray! – scammer jailed

SCAMMER JAILED! Hip hip hooray! we say. What a great start to the new year. Neil Bartlett, 53, of Delamere Road, Ainsdale, used £4.5m of his victims’ money to fund an extravagant lifestyle of foreign travel, top hotels and gambling.

Bartlett was handed an eight year sentence for his involvement in the multi-million pound investment fraud dating back from 2013. He scammed 27 victims out of a collective sum of £4.5 million, some of which had been his childhood friends. He didn´t stop there, he also took power of attorney for a vulnerable elderly victim and defrauded her as well!

As is the case with many scams, the victims are unlikely to recoup any of the funds they entrusted to him. Bartlett is said to have spent the hard-earned funds on prostitutes, escorts and expensive holidays. The victims, all of whom knew him on a personal level, are disgusted at his behaviour and were glad to see this scammer jailed.

Here in the Pension Life office, we are always pleased to hear that a scammer has been jailed. The only shame, is that we just don´t hear the words enough. It would be great if we could write blogs that contain the words SCAMMER JAILED on a daily basis. But sadly it is just not the case.

The SFO have a long list of scammers that are ´under investigation´, however, we rarely hear that they have been jailed. Whilst we read stories of people who house the homeless being jailed!

An example of this is Peter and Sara Moat of Fast Pensions – which was wound up back in May 2018. We know they fraudulently took £21m from their victims. We know they did not invest it in the interest of their victims. We know they invested the funds into other businesses they own. We know that they reside in Denia, where their daughter goes to a private school. We know all this – AND the SFO knows all this – yet the Moats are still free to live a lavish lifestyle whilst their victims go without a pension and some face losing their homes as well as bankruptcy.

I´m sure the victims of the Fast Pensions and Blu loans scams would find some solace in reading the words – “scammer jailed” in relation to both Peter Moat and Sara Moat. But I´m not sure if they ever will – and that makes us sad and bloody angry.

What is even sadder is that the big boys, the serial scammers like Stephen Ward, XXXX XXXX, Phillip Nunn and Patrick McCreesh are still allowed to roam free despite their numerous scams being under investigation by the SFO for some years now. It would make our year if we could write “Stephen Ward – SERIAL SCAMMER JAILED”. However, at least we can confirm that Ward was banned from being a pension trustee at the end of 2018. So I guess the SFO is doing something – however small.

Thousands of victims and hundreds of thousands of pounds’ worth of pension money has been fraudulently taken from the victims of scam schemes sold by the above-named scammers. Schemes like Capita Oak, Blackmore Global Fund and the Trafalgar Multi Asset Fund.

In fact, the CEO of STM Gibraltar (the facilitators of the Trafalgar QROPS scam), Alan Kentish was recently released without charge after his arrest, and was fully backed by the STM board. Despite clear evidence of the part he played in the now suspended – £20 million – Trafalgar QROPS pension scam, which he facilitated with XXXX XXXX.

AND to rub salt into the wounds of the Trafalgar victims, STM group went on to announce record profits in 2017 and to announce they will be offering SIPPS products as well.

Scammer jailed ? ? ? – not here I´m afraid!

All we can do is make a very loud suggestion that STM Group Gibraltar – STM Fidecs – Alan Kentish – should all be given a VERY wide berth when considering a change of pension trustee – as from past evidence they are not to be trusted!

January 4, 2019
Fines to be imposed on cold callers, but will it really put a stop the scammers?

In follow up to our blog ´Cold calling ban not approved´, we can confirm that as of the 9th January 2019, that companies who cold call with advice on pensions schemes could face fines of up to £500,000. Notice I highlight the word ´could´.

If you have read our other blog you will already know that we have been waiting several years for a cold calling ban to be put in place. It is more than irritating to see that instead of a blanket ban on all cold calling they have imposed a fine on certain cold calls.

This also begs the question of how they had time to pass the legislation for the fine, but not the legislation to simply just ban all cold calling – FULL STOP – no ifs no buts. I also wonder how they are going to track down the cold callers and enforce the fines onto them. Will it be the people making the cold calls that get the fines? or will it be the companies setting up the call centres, or god forbid will it be the masterminds and serial scammers who continue to set up toxic, high-risk funds to lure in their victims?

The victims of the Continental Wealth management scam were cold called, see their story here.

CWM CONference

An article written by the Telegraph confirms my fears about the lack of ability the regulators have in enforcing the fines they have already issued. The ICO has been fining companies for nuisance calls since 2015, it is estimated that nearly half of all land line calls are cold calls made to the elderly!

The Telegraph writes:

´The ICO has issued more than £5.7m in fines to cold call companies for breaching nuisance rules since 2015, but of the 27 fines issued only nine have been paid in full, recently published government figures revealed.´

The sad truth from these figures clearly shows that despite fines being made they are not being imposed, the companies are simply not paying them. If companies are happy to ignore the fines then they are probably happy to ignore the threat of a fine and continue to make cold calls. Figures from Ofgem have shown that consumers were bombarded with 3.9 billion nuisance phone calls and texts last year but only 27 fines were issued and just nine of those actually paid in full!

There are also so many loopholes these companies – who operate the call centers – can leap through. People must opt out of being cold called, if they have not done this, then companies can claim they were happy to receive the calls.

For instance, if you are online – say on a compare website – and you do not tick the box to state you do not want to be contacted by third parties, you are giving your permission to be contacted. This then means that your data is sold on and the company that calls you about the pension scheme transfer can claim that you were happy to be contacted. It wasn´t a cold call as they had opted in.

The loophole enables them to potentially escape any fine, as technically the receiver of the call had agreed to being contacted via a third party. The company making the calls can claim that they were not making a “cold call”. It feels like this legislation has been made after the horse has bolted from the stable. Hundreds of people have been scammed through the use of cold calling and hundreds more will continue to be scammed with the use of cold calling techniques, through loopholes.

Furthermore, we still have the issue of the offshore firms, the firms that – due to being offshore – don´t feel that they have to abide by any rules that apply to the UK pension and investment market. These unregulated firms often employ unqualified advisers and will surely not be phased by the new litigation. They will continue to cold call and mis-sell these inappropriate toxic funds, that invariably pay the scammers high commissions and leave the victims pension fund in tatters.

Pension scams involving cold calls such as Capita Oak, Continental Wealth Management, Trafalgar Multi Asset Fund have left hundreds of victims with out a decimated pension fund. These unregulated, shameless firms and their snake salesmen are not going to acknowledge the treat of a fine, nor the administer of a fine. AND if they are fined do the government really think they will pay it?

Serial scammers like Stephen Ward who started out on the ARK pension scam, went on to scam again AND again, despite the scams being shut down by HMRC and the tPR again and again! None of the scammers who promoted these scam have been put behind bars and no money has been paid back to the victims. The scammers show no remorse for their actions. These blatant financial criminals aren´t going to pay a fine for cold calling if they aren´t going to admit the pension scheme´s they set up were fraudulent.

A quick google search of cold call gives untold amounts of advice on how to do it efficiently in 2019! Whilst some of these companies aren´t UK based, the evidence is clear. Cold calling pays and the companies that benefit from cold calling are not going to suddenly stop making them.

The regulators are really going to have to step up and do some serious regulating and enforcing if these fines are to be issued, actually followed up and collected.

The sad truth is that whilst the fines sound great on paper, they will do little to protect the public from being scammed.

So again we would like to say – loud and clear

If you are cold called – just hang up!

Safeguard your pension from the scammers!

January 2, 2019
Scammers are criminals. So why aren’t they in jail?

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 Fund

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 terms are 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

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

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

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

116 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.

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.

December 31, 2018
Premier New Earth Recycling (NERR) Investment Scam
Premier New Earth Recycling and Renewables PLC (in liquidation) is being wound up by Deloittes. Joint liquidators Alexander Cameron Adam and David Peter Craine have written to shareholders to say the directors of NERR aren’t being terribly helpful. Apparently, they are refusing to cooperate with the investigation into why the company failed and are insisting they will only answer questions put to them in writing. Disappointing, perhaps, but not really surprising – scammers rarely “cooperate”.

NERR was a typical investment scam from the outset. The fund was highly speculative, with underlying assets mostly made up of smoke and mirrors, and a bit more smoke (plus quite a bit of rubbish). But to be fair, the published accounts did draw attention to the inherent high risks of the venture failing.

The fund’s assets were equity and unsecured loans in three UK companies:

1. New Earth Solutions Group Limited (“NESGL”)
2. New Earth Solutions Facilities Management Limited (“NESFM”)
3. New Earth Energy Facilities Management Limited (“NEEFM”)

When the liquidators got called in, they valued the investments at “close to nil”. In fact, the only value was probably the paper that the depressing accounts were printed on. Deloittes will, apparently, be trying to uncover why NERR was NEVER going to do anything other than collapse. So that will require a bit of sleuthing to find out who and what was responsible. The liquidators have applied to the court to have the directors questioned under oath. But the directors – who have undoubtedly made a packet out of this scam – will be able to afford top-class lawyers who will help them muddy the waters.

Deloittes have made the usual “we are limited in what information we can share so that we do not prejudice any potential claims” disclaimer to the distressed shareholders. But I find it worrying that Deloittes is being used at all for this job. Deloittes was used to inspect the books and records of STM Fidecs in Gibraltar – and they must surely have uncovered the massive fraud involved in the Trafalgar Multi-Asset Fund (under investigation by the Serious Fraud Office). But no action was ever taken against STM Fidecs. So I am not optimistic that Deloittes will do anything other than push a bit of paper around a desk and submit eye-watering fee invoices.

The Isle of Man Financial Services Authority is paying Deloittes’ fees for the liquidation. For now. However, if the IoM regulator had done its job properly in the first place, they could – and should – have prevented this scam and avoided so many thousands of investors losing their shirts.

Read the published accounts for the NERR Group of companies – and I think you’ll agree this was obviously a dodgy investment right from the start. These accounts were prepared by BDO Stoy Hayward – and you’d have thought they would have known better than to fail to blow the whistle on this collection of companies which was, quite frankly, always bound to fail (at best) and an outright scam (at worst). The writing was always on the public domain wall.

2008 Turnover £3.5m Cost of Sales £3.8m Admin Costs £1.8m

2010 Turnover £6.4m Cost of Sales £8.7m Admin Costs £5m

2012 Turnover £24.8m Cost of Sales £25m Admin Costs £5.8m

2014 Turnover £31.9m Cost of Sales £39m Admin Costs £1.7m

However noble, environmentally friendly and ethical the concept of turning rubbish into clean energy may sound in theory, this commercial venture was never commercially viable. In fact, looking at the ever-increasing gross losses from 2008 to 2014: from £0.3m in 2008 to £7m in 2014 – and a total spent on “admin costs” of £14.3m – any half-decent accountant or auditor would have blown the whistle long before 2016.

Pumping more and more investment into this hopeless venture was only ever going to prolong the inevitable. An unprofitable venture is an unprofitable venture – no more and no less. The directors will, naturally, have got fat and rich, but the investors will have lost large chunks of their life savings.

The name “Premier” will, of course, strike a chord with victims of Stephen Ward’s Premier Pension Solutions. Since at least 2010, thousands of victims have lost their pensions to Ward. However, in this case there seems to be no link between the Premier Group investment scam, and Ward’s Premier Pension scam. However, one of Premier Group’s other scams – in addition to the recycling scam – was the Eco Resources Fund which invested in bamboo plantations in Nicaragua. Which sounds awfully similar to the Reforestation Group fund that Ward was peddling in the London Quantum pension scam. This fund was purportedly based on Brazilian eucalyptus trees and land used for plantations. Only it seems there were no eucalyptus trees. And no land.

In total, around 3,250 investors lost almost £300m in the Premier Group investment scam. A great shame it took the Isle of Man regulator eight years to figure out what was going on under its own nose. But then the regulator has a long track record of ignoring financial crime and those who facilitate it – and ignoring it is the same thing as encouraging it. Personally, I would put the IoM regulator in the same category as the Gibraltar regulator: inept and bent – taking no action against scammers or those who facilitate scams.

And, of course, Old Mutual International had a big hand in helping to facilitate the Premier Group scam as this fund was offered on the OMI platform. Had Old Mutual International done even the most basic bit of due diligence, they would have seen it was an obvious scam and more than likely to result in investors losing their money.
The Premier Shareholder’s Group, a campaign group for investors, said Premier Group had paid large commissions to “unqualified and unlicensed” introducers to target pensioners by promoting their funds to low-risk investors. This campaigning group also claims investors were locked in with “punitive” exit fees, often as high as 30%, which they were not told about when they signed up.

Former director of Premier Group – John Bourbon – has apparently denied accusations of mis-selling and mis-representation and is quoted as saying: “It is highly unlikely that anybody could have a significant investment in Premier Group without understanding the risk”. He has also insisted all fees and charges were clearly set out in the offer document that investors were required to sign to confirm their status as “experienced investor”. Bourbon has also moaned that the regulatory action was “something of a witch hunt”.

So, in summary, you’ve got all the same old same old symptoms of yet another scam:

Hopeless, commercially-unviable venture which hasn’t a hope of ever succeeding

Hopeless regulator

Hopeless auditor

Bent introducers and unregulated advisers flogging the high-risk investment to low-risk clients

Huge commissions and punitive exit penalties

Victims conned into signing up as “experienced investors”

Until and unless regulators and crime enforcement agencies make an example out of the scammers who operate such investment scams, nothing is going to change. And until and unless life offices such as Old Mutual International are sanctioned for offering such scams, unscrupulous and commission hungry “advisers” are going to keep on peddling such toxic wares to unsuspecting victims.

The one thing that could stop these kinds of scams from getting off the ground would be to ban commissions offshore and mirror the principles of British RDR. Financial advice can never be truly independent if commissions are payable – whether for useless, expensive insurance bonds, or toxic, expensive investment funds such as Premier New Earth Recycling and Renewables (NERR).

USEFUL CONTACT DETAILS:
nerrenquiries@deloitte.co.uk.
http://www.deloitte-insolvencies.co.uk/kr/new-earth-recycling-and-renewables-(infrastructure)-plc.aspx
Alex Adam: acadam@deloitte.co.uk
David Craine: dcraine@burleigh.co.im
December 28, 2018
High Court finally winds up the truffle saga pension scam

This could possibly be described as wonderful news for the victims of Viceroy Jones New Tech Ltd, Viceroy Jones Overseas PCC Limited, Westcountrytruffles Limited, Truffle Sales Ltd and Credit Free Limited. Or maybe not. The whereabouts of the funds is unknown. This pension liberation and investment scam saw 100 investors conned out of £9m of their pension savings.

The full story can be read here:

https://www.ftadviser.com/pensions/2018/12/13/companies-behind-9m-pension-truffle-scam-shut-down/?utm_campaign=FTAdviser+news&utm_source=emailCampaign&utm_medium=email&utm_content=

In short, Viceroy Jones used unregulated financial advisory firms to persuade victims to invest in ‘high-value truffles for commercial sales’. With the promise of high returns on this fixed-term investment (lasting 15 years), investors believed they would reap the benefits once the truffles were harvested.

No truffles were ever harvested.

In reality, the investment saw most of the £9m of funds invested being paid into offshore bank accounts. These funds were then paid out in high commissions to the unregulated advisers who mis-sold the scheme. No supporting documents have been found regarding these investments, so the whereabouts of any remaining funds is unknown.

As I said above, it is only possibly wonderful news for the victims. Whilst the company has been wound up, the victims have been promised no compensation and do not know where their money is. This is a not an uncommon situation in scams like these. The victims of Peter Moat’s company – Fast Pensions, also do not know where their funds have gone.

Cheryl Lambert, Chief Investigator for the Insolvency Service, said:

“We take the matter of unregulated pension liberation investment schemes very seriously and will take action to stop any such schemes who have acted unscrupulously.”

However, I feel I have to disagree.

What message does the Insolvency Service send?!?

Are the perpetrators behind bars? NO!

Are the perpetrators having all their assets frozen and liquidated to pay the victim’s back? NO!

Are the perpetrators facing life without a pension? I DOUBT IT!

Are the perpetrators sorry for what they did? I DOUBT IT!

There is a long list of other pensions scammers who have scammed millions out of the public and still walk freely, creating new scam after new scam.

But to name a few of the scammers:

XXXX XXXX

Stephen Ward

Peter and Sara Moat

Phillip Nunn

David Vilka

Some of the scams they have sold:

Ark pension liberation scam

Capita Oak

Continental Wealth Management

Blackmore Global Fund

Fast Pensions

See our blog on the Top 10 Deadliest Pension Scammers.

Winding up these companies is often of little help to the scam victims. What is left of their funds (if any) is passed on to another trustee (often Dalriada) to deal with the ‘clean up’. This action, however, is not without cost and often the funds just sit there doing nothing.

Take the Ark victims whose schemes were transferred to Dalriada – they have not had any compensation in the seven and a half years Dalriada has acted as their trustees. Dalriada, however, has continued – without fail – to charge their yearly fees and costs, further decimating the victims’ funds. AND without any suggestion of what will happen next!

Furthermore, victims that fell prey to these scams, face more stress as they are also contending with HMRC. The Taxman is sending out demands for huge tax bills, as they claim the money the victims liberated (“borrowed”) from the Ark schemes was not tax free. 55% tax is applied to money that was liberated from pension funds – this is deemed an “unauthorised payment charge” by HMRC.

The High Court needs to do a lot more than this, to send a clear message to these scammers. Prosecutions, jail sentences and large fines would be a good start.

All enquiries concerning the affairs of the companies should be made to: The Official Receiver, Public Interest Unit, 4 Abbey Orchard Street, London, SW1P 2HT. Telephone: 0207 637 1110, Email: piu.or@insolvency.gsi.gov.uk.

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

December 18, 2018
Dolphin Trust’s Lawyers JMW Solicitors LLP

Having the highest possible regard for lawyers in general, and JMW Solicitors in particular, it is good to report that there is now a dialogue in progress which will hopefully result in Dolphin Trust producing a copy of the audited accounts. An excellent outcome would also be the repayment of the loan notes.

JMW Solicitors appears to be a promising outfit – especially as their website states: “No matter who you are or what you need, you can be assured of a great personal service from us.” As we need a copy of the Dolphin Trust audited accounts and the return of the money that Dolphin Trust borrowed (unsecured) from hundreds of pension and investment scam victims, I hope this promised great personal service will extend to a prompt and hassle-free resolution to the Dolphin Trust lenders’ problem.

The lawyer from JMW acting for Dolphin Trust – Nick McAleenan – has championed the cause of the supermarket chain: Morrisons.

MORRISONS DATA LEAK CASE – MORRISONS HELD LIABLE IN LANDMARK COURT RULING

JMW is representing thousands of claimants in a legal action for compensation against Morrisons Supermarkets.

The case is the leading legal case in the UK concerning “data breach”. It relates to the unauthorised copying and disclosure of Morrisons payroll information by a disgruntled ex-employee. In 2017, the High Court ruled that Morrisons is legally responsible for the data breach. In 2018, Morrisons appealed the High Court’s judgment, but the Court of Appeal dismissed Morrisons’ appeal. Further legal proceedings will take place to determine what compensation must be paid to the victims.

Nick McAleenan clearly has genuine empathy for the awful ordeal suffered by the Morrisons victims who had to undergo the trauma of having their privacy violated.

I sincerely hope this will translate into similar empathy for scam victims whose life savings have been “loaned” to his clients: Dolphin Trust.

If Nick (interesting name!) wants any clarification about how these scam victims compare to the Morrisons supermarket victims, he might want to have a chat with some of the victims of the STM Fidecs Trafalgar Multi-Asset Fund scam.

Plus a little word in Nick’s shell-like: Morrisons’ audited accounts can be found here. (There – that wasn’t difficult!).

November 12, 2018
The wheels of the law don´t seem to turn at all

This week Henry Tapper wrote a blog entitled, “The wheels of the law turn (too) slowly”. He exposes the fact that when it comes to financial crime the justice system in place just isn´t enough.  I think he was being generous with his title. The wheels of the law don’t just turn slowly – they just don’t turn at all. Friendly Pensions has been in the news this week.

In the case of Friendly Pensions, we know ringleader David Austin is guilty of setting up 11 fake schemes, with toxic investments including a truffle farm. We know that he and his partners in crime, Susan Dalton, Alan Barratt and Julian Hanson (also connected to the Ark Scam), are guilty of scamming 245 pension savers out of £13.7 million. We knew all of this back in January 2018, yet no arrests have been made!

The FCA has, however, just yesterday, managed to enforce the following:

“David Austin, 52, has been banned from serving as a pension trustee and disqualified from working as a company director for 12 years. His business partners Susan Dalton, Alan Barratt, and Julian Hanson have also been barred from trustee roles.

David Austin’s daughter, 25-year-old Camilla, has been banned from serving as a director for four years for helping him with the scheme.”

They have been asked to pay the money back but by the looks of their social media accounts, I don´t think there is much left. Camilla’s Facebook and Instagram accounts show her sunning herself on beaches and yachts around the world, and posing at luxury alpine ski resorts. David Austin is pictured on a gondola in Venice. They certainly got to enjoy the proceeds of their many victims’ pensions.

Camilla Austin was a central part of the operational side of the Friendly Pensions scam. She and a number of her girlfriends went into nursing homes and approached elderly, frail and vulnerable elderly people. They easily conned them into signing transfer request forms – all that is required to get their hands on millions of pounds’ worth of pension funds. And, of course, we all know that the ceding providers do nothing to stop fraudulent transfers.

As Henry points out, banning these people from acting as trustees or directors, does little to deter past, present and future pension scammers. A ban is barely a slap on the wrist as far as we are concerned; these scammers can still launch any number of future dodgy schemes by simply finding the next crooked stooge – just as XXXX XXXX used the idiotic Karl Dunlop to be a director in the Capita Oak scam.

Keeping pension savers safe from financial crime should be at the top of the list – but, instead, it is at the bottom. Pension scammers are left free to commit their crimes over and over again. Take Julian Hanson: he was busily scamming dozens of Ark victims out of more than £5.3 million worth of pensions back in 2011 and 2012, yet he was not prosecuted or jailed. Hence, he was still able to get “friendly” with David Austin and go on to scam hundreds more victims out of their pensions.

Remember the Capita Oak, Henley Retirement Benefits and Westminster pension scams?   These were scams run by XXXX XXXX of Nationwide Benefit Consultants. However, XXXX was never brought to justice and so went on to operate the Trafalgar Multi Asset Fund/Victory Asset Management scam (STM Fidecs acted as the trustees here). So hundreds more people were again scammed out of their pensions. XXXX is currently under investigation by the Serious Fraud Office – but effectively still free to operate more scams.   We already have our suspicions about his connections to new scams.

Capita Oak was registered by HMRC on 23.7.2012 (PSTR 00785484RM) by Stephen Ward of Premier Pension Transfers of 31 Memorial Road, Worsley and Premier Pension Solutions of Moraira, Spain. Ward was responsible for the ARK debacle – also with Dalriada – the scam that was to create the birth of Pension Life.

Despite investigations being made into these schemes, Ward was still able to go on and create the CWM monster scheme that saw around 1,000 victims conned out of their pension funds. Ward is hovering somewhere between his collection of luxury villas in Florida and the Spanish Costa Blanca – but at least he is no longer doing pension transfers. Over the past nine years, Ward can be linked to dozens more pension scams that have left thousands of victims’ funds decimated.

These cases are just the tip of the iceberg. We must not forget Philip Nunn and Patrick McCreesh´s investment scam Blackmore Global. This was in the wake of them doing the lead generation for the Capita Oak and Henley Retirement Fund scams.  The Insolvency Service has wound up these schemes, yet Nunn and McCreesh remain free to defraud more victims as they have never been brought to justice.

David Vilka of Square Mile International was one of the main promoters of the Blackmore Global Fund scam.   He “advised” dozens – possibly hundreds – of victims to invest their pensions in this scam (despite the fact that he is neither qualified nor regulated to give investment advice). Again, he has never been prosecuted or jailed, so still remains at large – free to continue scamming people out of their pensions.

We published the Top 10 Deadliest Pension Scammers blog back in February 2018. In this blog, you can read about Fast Pensions and the Moats, as well as Steve Pimlott of Windsor Pensions. Whilst the Fast Pensions scheme has been wound up by the high court and placed in the hands of Dalriada, neither Sara nor Peter Moat is behind bars.

You can see a depressing pattern here: these words are about cold, hard facts. The authorities are leaving known scammers free to keep scamming.

Victims of these scams have been left in misery and financial ruin. Some have taken their own lives. Yet the perpetrators, those guilty of these repeated financial crimes, are free to do as they please.

This area of financial crime really is where the wheels of the law don´t seem to turn.  Shame there aren’t any regulators capable of doing any regulating, or law enforcement agencies capable of enforcing the law.

October 24, 2018
Unqualified pension scammers banned

Unqualified Pension Scammers Banned

Articles like New Model Adviser’s report on some of the scammers behind the Capita Oak/Henley/Store First scam getting banned always makes me smile. Knowing that a few pension scammers (four in this case), are being named and shamed – as well as banned from being directors – motivates me to share information about these evil scams with the public.

Directors handed 34-year ban for £57m cold call pension transfers

Citywire stated:

“An investigation led by the Insolvency Service revealed the directors were connected with Transeuro Worldwide Holdings, which helped fund two introducer firms Sycamore Crown and Jackson Francis. The firms were involved in the transfer of £57 million of pension savings.

Sycamore Crown director Stuart Greehan agreed to a nine-year voluntary ban as a result of false and misleading statements to encourage investors to transfer their pensions.

Karl Dunlop, director of Imperial Trustee Services, and Ian Dunsford, director of Omni Trustees, agreed to bans of nine and seven years, respectively, for failing to act in the best interests of members and ‘failing to ensure investments were adequately diverse’.

While not a formally appointed director of Transeuro Worldwide Holdings, Mike Talbot (AKA Stephen Talbot) accepted a nine-year disqualification undertaking for failing to disclose what happened to the millions of pounds of pension assets.”

BUT, IN ADDITION TO THESE EVIL SCAMMERS, THERE WERE OTHER PLAYERS IN THIS APPALLING TRAGEDY AND THEY WERE NOT MENTIONED. SO HERE ARE THE OTHER PEOPLE WHO PLAYED LEADING PARTS IN THIS FOUL PLAY:

Stephen Ward of Premier Pension Solutions SL and Premier Pension Transfers Ltd – he handled the transfer administration from the original (ceding) pension providers. He was, apparently, paid £300 per Capita Oak transfer – and would have known that he was condemning each member to certain loss of his or her pension.

XXXX XXXX of Nationwide Benefit Consultants, The Pension Reporter, Victory Asset Management and Tourbillon, was clearly the “controlling mind” behind Capita Oak. He also ran the Thurlstone loan scheme which paid 5% in cash to the Capita Oak victims as a “bonus” or “thank you”. HMRC is now taxing these payments at 55% as they qualify as unauthorised payments. XXXX XXXX then went on to launch the successful Trafalgar Multi Asset Fund scam which saw over 400 victims lose their pensions to high-risk toxic loans to Dolphin Trust in an STM Fidecs Gibraltar QROPS. XXXX – as with most pension scammers – subsequently ignores the plight of the victims when the schemes eventually and inevitably collapse. XXXX is under investigation by the Serious Fraud Office and was also responsible for the Westminster pension scam.

Mark Manley of Manleys Solicitors – acting for XXXX XXXX.

Stuart Chapman-Clarke, Christopher Payne, Ben Fox, Bill Perkins, Alan Fowler, Karen Burton, Tom Biggar, Sarah Duffell, Jason Holmes, Metis Law Solicitors, Roger Chant, Brian Downs, Phillip Nunn and Patrick McCreesh all played further prominent roles in this series of scams and profited to a greater or lesser degree.

It is believed that cold calling techniques were used to lure unsuspecting victims into this series of unregulated investment scams. Victims’ pension savings were transferred into bogus occupational pension schemes whose trustees/administrators were Omni Trustees and Imperial Trustee Services. The schemes were Henley Retirement Benefit Scheme (HRBS) and Capita Oak Pension Scheme (COPS). But the scammers also used a variety of SIPPS which included Berkeley Burke, Careys Pensions, Rowanmoor, London and Colonial and Stadia Trustees.

As is often the case in scams like these, the victims were lured in with promises of so-called guaranteed high returns by spivs masquerading as advisers, who were also unqualified and unregulated to give financial advice.

The unqualified advisers were able to transfer millions of pounds’ worth of pension savings into these schemes which included investments in unregulated storage units and over £10 million into COPS (Capita Oak) and over £8 million into HRBS (Henley). The promised high returns were never paid to the investors – but handed over to the scammers instead. The pension funds are now suspended with the funds trapped in these illiquid investments.

The company directors have received a total ban of 34 years collectively. Here at Pension Life we would have liked to have seen lifetime bans all round.

The Serious Fraud Office (SFO) is now moving forward with their investigations against Omni and Imperial. They urge people who are members of HRBS (Henley) and COPS (Capita Oak) to contribute to criminal evidence against the scammers via a questionnaire.

As always, the team at Pension Life urges pension holders to be wary of pension scammers. Never accept a cold call offer, be aware that scammers lurk everywhere and if it seems to good to be true it probably is!

If in doubt just walk away!

October 10, 2018
STM Group Plc – announces trading update

STM Group has announced the following trading updates for the first half of this year.

STM state that the first half of the year has progressed in line with management´s expectations. They refer to this with particular emphasis on their SIPPS program. For those readers who are unfamiliar with STM’s past investment scams, here is a little bit of background information:

STM Fidecs scammed hundreds of victims out of their pensions. STM Fidecs took business from unlicensed scammer XXXX XXXX of Global Partners Limited (only had an insurance license with Marcus Groombridge’s firm Joseph Oliver) and then invested 100% of the victims’ funds into an illegal UCIS fund – run by XXXX XXXX. This fund was called the Trafalgar Multi-Asset Fund.

One of the updates is that STM Group have appointed a Group Internal Auditor. I wonder if this is going to make their trading any more honest. One can only hope that their future auditing will be considerably better than their past.

STM Group accepted hundreds of transfers from UK residents in whose interests it was NOT to swap their British pension arrangements for an expensive QROPS. STM Group then allowed these victims to have funds invested in XXXX XXXX’s own fund – Trafalgar Multi-Asset (a UCIS which is illegal to promote to UK residents). There didn´t seem to be much in-house auditing going on then.

What makes this more hard to swallow is that:

Neither STM Fidecs nor the Gibraltar FSC has said a word about redress for the Trafalgar Multi-Asset Fund victims.

Instead, in March of this year, STM Group’s Alan Kentish, was delighted to deliver reports of record profits for 2017. This was after he was arrested in October 2017. Unfortunately (for the Trafalgar Multi-Asset Fund victims), he was released without charge and was fully backed by the STM Group board.

We are still wondering what the hell the Gibraltar FSC is going to do about this fraud. Leaving STM Group to commit further fraud does not seem to be a viable option.

August 13, 2018
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
Trussed by Dolphin Trust?
I’ve been very concerned about Dolphin Trust GmbH for some time. There’s an awful lot of pension money being loaned to this company – and I don’t get to hear of many (in fact any) people who have had their loans repaid. That doesn’t mean they haven’t been repaid – it just means I haven’t heard about it.

The things that bothers me about Dolphin Trust are:
1. There are no audited accounts available
2. Dolphin has been used by an awful lot of pension and investment scammers – including Stephen Ward in the London Quantum pension scam (now in the hands of Dalriada Trustees)
3. “Introducers” get paid eye-watering commissions of up to 25%
4. If the assets and projects are so good, why pay private lenders 10% interest (on top of the 25% commission) – why not just go to the bank?
5. I have recently heard that Dolphin and some of their dodgy “introducers” are now trying to convince lenders to take their loans back in the form of shares in the company
But the biggest concern I have is that Dolphin Trust formed a major part of the underlying investments in the Trafalgar Multi-Asset Fund scam – run by XXXX XXXX of Global Partners Limited and STM Fidecs in Gibraltar. This fund is now being wound up by Stephen Doran, of Doran + Minehane.

The Trafalgar Multi-Asset Fund and XXXX XXXX are currently under investigation by the Serious Fraud Office. Ironically, Justin Caffrey of Harbour Pensions once told me that XXXX came to see him to try to flog the obviously dodgy Trafalgar fund. Caffrey claimed he could see XXXX was an obvious spiv straight away and that Trafalgar was clearly bad news – so he sent the ginger scammer packing.

And then STM Group bought out Harbour Pensions and got custody of some of Caffrey’s Blackmore Global Fund worthless crap to keep the Trafalgar Multi Asset Fund worthless crap company. You couldn’t make it up! A bunch of toxic rubbish flogged by scammers Phillip Nunn and XXXX XXXX.

STM Fidecs had notified the hundreds of victims that there would be a distribution in early 2018 once Doran + Minehane had got rid of some of the Dolphin Trust loan notes. But then STM did a U-turn and announced there wouldn’t be a distribution at all. Clearly, getting shot of the loan notes was more difficult (or impossible) than Mr Doran first imagined. Or perhaps he did get rid of them – but got shares in Dolphin Trust or Vordere instead (and this is the reason for the lack of distribution by STM Fidecs).

Any way you look at it, Dolphin Trust is looking dodgier than ever now it is well known that there are £21 million worth of Trafalgar Multi Asset Fund loan notes out there looking for a warm and cosy (and gullible) home.

Quite apart from the fact that no self-respecting introducer or financial adviser should EVER be caught selling high-risk, unregulated, non-standard “assets” in the first place, surely nobody would ever want to be caught flogging the same stuff that the likes of XXXX XXXX and Stephen Ward were making a fortune out of.

I did try to call Dolphin Trust, but they don’t answer their phone. Maybe they don’t like cold calls (which is how most victims get scammed into lending them money in the first place).

Without the benefit of any assurances from the nice men at Dolphin Trust – Charles Smethurst, Helmut Freitag, Axel Krechberger and Matthias Ruhl – we will just have to hope that Mr Doran manages to offload the second-hand loan notes that STM Fidecs allowed 400+ victims’ life savings to be invested in. Perhaps I’ll drop him a friendly note and suggest he tries ebay.
June 29, 2018