The decision of the Court of Appeal in Malta confirmed what we all had known for years, that being the role of Trustees in the many offshore Tax Havens, but in particular, most egregious Guernsey, Jersey, Malta Cyprus, Isle of Man and many more, was to strip Pensioners and unsophisticated Retirees of their life savings by enticing them to cash in their safe retirement Pension plans which were subject to Taxation and transfer these funds into Trusts set up in Tax Havens.
This was done through massive advertising and holding Promotional Events by Financial Advisors who had sprung up along with hundreds of fraudulent Funds worldwide after the GFC when Insurers saw the opportunity of selling these more often than not fraudulent or insolvent Funds. IFA’s who were once directly employed by Insurers were terminated and assisted to be set up as Independent Financial Advisors not responsible to Insurers as in their previous role of Agents now in receipt of Commissions for recommending Funds on their Investment Platforms.
The IFA’s recommended numerous Funds which had approached them in return for kickbacks from the Funds to their investor Clients who had cashed in their Pension savings, advising them that these Funds were safe investments providing far better returns. Trusts were set up in the various Isles and Hong Kong to manage these cashed in Pension savings and the Trustees who were then solely in charge of these funds on behalf of the Pensioners and aged retirees invested the monies in the Funds recommended to their clients or on their own initiative without taking due care as to the suitability of these Funds stated in the promotional documentation “as suitable for professional investors only”, many of which were demonstrably insolvent or outright fraudulent. The Trustees went even further to protect themselves from liability by having their Client Beneficiaries sign documentation protecting them from responsibility and shifting any liability for loss or failure onto the Independent Advisors. It has always been evident that the Trustees carried the responsibility a Fiduciary owes to a Beneficiary in a Trust as the Arbiter and Court of Appeal found.
The real fraud consisted of the Financial Advisors taking kickbacks received from the Funds(unknown to their Clients) who approached them as well as receipt of Commissions of 7% or more from the Insurance Companies depending upon the length of the investment in some cases up to 10% or more. The Funds had to be purchased from the Platforms of Insurers who set up so-called Insurance-related Bonds ( to avoid Financial Regulations ) and charged management fees for the length of the investment, the question being how the Funds were approved by the Insurers as appropriate for unsophisticated Investors in the first place. It has now been disclosed that the Insurers knew of kickbacks to the IFA’s who recommended the Funds be purchased from their Platforms. An additional question has now arisen as to whether the Insurers themselves received incentives from the Funds whom the IFA’ recommended adding that they professed no financial obligation to vet or otherwise undertake due diligence as to the Funds before admitting them onto their Platforms.
The Funds themselves clearly stated that they were suitable only for Professional or Experienced Investors which was ignored by the IFA’s, the Trustees and the Bond Provider Insurers. It gets worse Once the IFA had recommended the Fund and the Bond set up by the Insurer in the Investor / Pensioner’s name the Insurer proceeded to purchase the Fund in its name thereby depriving the Investor of any rights to the Fund whatsoever. When the Fund failed as so many did either through insolvency or outright theft as in the case of Axiom where the promoters are before the UK Criminal Courts or in the cases of Premier Rare Earth and another Australian based Fund LM MPF where the Promoters simply stole the monies from the Funds. All Trustees should now take notice that they are liable at Law for negligence in their role as Trustees and can and should be sued in the event of financial loss to their Beneficiary Clients resulting in their failure to exercise the duties owed to their Beneficiaries. These cases are at long last about to see the light of day after years of obfuscation delay and denial whilst many of the pensioners have been reduced to poverty and in many instances suicide.