Archives for Legal Action

According to the CNMV, Offshore Money Managers is a Cowboy Operation

OMM, or Offshore Money Managers, has been living very well for far too long on the back of a lie: that it is registered to conduct investment business.

But they are not, and dishonest Mr. Colin McCready knows it far too well in spite of which he has managed to get away with his insurance broker “DGT license” -which he is fully credited with having allowing him to sell car/house/life insurance policies- to conduct investment business, which he holds no license for.

That said, Mr. McCready has also been an exceptionally efficient tax-evading Equity Release travelling salesman (Jyske Bank, Landsbanki…), and that has placed him in the spotlight. Unfortunately for him, he has left a trail of incriminating obnoxious publicity that is causing anguish to countless pensioners.

According to the law under which he is regulated, the following needs to be observed:

Insurance brokers will provide truthful and sufficient information in the promotion, offer and subscription of insurance contracts and, in general, in all its advisory activities.

In the next posts we will publish part of Offshore Money Managers publicity to see if it at all, it does in fact comply with the above.

 

MEP Andrew Duff Reports the Equity Release Fraud to the European Commission

Mr. Andrew Duff, Member of the European Parliament, has written to the European Commissioner for Taxation and Customs Union, Audit and Anti-Fraud explaining the so-called Spanish Equity Release Scheme (SERS) sold by a number of banks.

In his letter he indicates that a number of banks and investment companies may have allegedly cheated hundreds of retired owners of Spanish property with a tax-defrauding financial product.

Will the European Commission finally step in, take the time to read the deceiptful promotional literature offered by top-tier banks and make a recommendation to the relevant authorities to take action?

 

Summary of Court Questioning of Danske Bank Staff

ERVA has received a summary of the  interrogation of the Danske Bank staff members from an undisclosed source.

Morten Runo Waaben said that he was just the investor and came into the bank in 2006, at a later stage.

Acting lawyers were not too keen on his side of the story because he was merely the investment manager, and was not involved in the signing up of the claimant. However, his version of how the investment was conducted grossly differs from the truth; he stated that it was Euan Armstrong who instructed how the spread of the investments should be allocated and that in fact, against his own advice, Euan wanted a higher risk approach.

Morten also said that he was aware that Euan was an ‘avid’ investor, with substantial experience.

Henrik Hjerrild Hansen went on to deny any involvement in the sale stating that although he had signing the product at the Notary Public, it was all done via Luxembourg. When lawyers confronted him on his knowledge of what he was really signing at the Notary Office, he said he was aware it was a mortgage loan but little else.

In respect of his involvement with the Danske Office in Spain, he said that his role was merely that of general information to the public about the bank and its services, without providing advice. This is hardly consistent with the their own publicity:

When lawyers asked him about Spanish tax matters, he said he had little clue about this as that was not his role or remit, and again referred the matter to Luxembourg. Lawyers strongly confronted this statement appealing to his own LinkedIn profile, which he has now removed, where he seems ‘the’ expert in Private Banking with Danske, after 40 years of service for this entity.

Finally, the lawyer for the bank, Ole Stenersen, was quite a funny chap although could not help stop lying. In his words, he was no tax expert and could not answer anything about the Capital Assurance Product. He denied knowledge of this set up and referred it to ‘someone else’ within bank. Surprisingly, when his counsel starting asking questions about this same matter, he suddenly had the answers in respect to whether a mortgage loan for tax purposes refers not to the mortgage itself, but to the loan and how it gets invested.

He also gave inconsistent answers about the KPMG letter citing just one paragraph of it whilst, barefacedly, denied the other (one where KPMG states that they never authorized the tax benefits of the product).

ERVA is now hoping that other victims of these thieves will wish to join the case; in connection to this.

It is our determination to impede Danske Bank get away with this and we are truly hoping that this matter will go to trial.

We will not finish this post without mentioning a new participant soon to be exposed, Mr. Soren Glente.

Nordea Bank S.A. Gave 44 Million Euros of Tax Evading Mortgages in Marbella

Tax-mitigation fan Mr. Claus Jorgensen, Nordea S.A. Managing Director, had no qualms about giving precise indications on how to reduce Spanish Inheritance Tax by reducing the value of a Spanish property with a Luxembourg mortgage.

In a letter that has arrived in our offices, Mr. Jorgensen confirmed to the Luxembourg regulator, the Commission de Surveillance, that it is better to have a mortgage than to not have one, and suggests that the Spanish Tax Authorities have confirmed the legality of the set up.

We now know that this is not true.

Working closely with Jesper Hertz, the ‘larger than life’ (literally too) Nordea representative in Spain commissioned with exposing the dangers of Spanish Inheritance Tax to trusting property owners in Spain, Mr. Jorgensen has managed to give out over 44 million Euros worth of tax-evading mortgages in Marbella alone, inducing customers to defraud the Spanish Tax Office by -potentially- 15 million Euros. 

Are the Luxembourg banking authorities going to turn a blind eye -again- to this obvious crime? They have had this letter since july 2010…can you not hear the clock ticking Mr. Juncker?

 

Thanking N.M. Rothschild & Sons

Big Banner ... very big banner

At ERVA, we wish to thank N.M. Rothschild & Sons. Yes, we are sincerely grateful for allowing our members full access to ‘live’ advertising I (and II) that, introduced in a timely manner as evidence in Court, will dramatically increase the chances of succeeding in declaring the CreditSelect Series 4 sham mortage void.

The advertising, which is being used as the core evidence in support of the victims’ claims that they were ripped off by the Guernsey-based bank, does not talk about investments (and needs not) but it does, an extensively so, about Inheritance Tax mitigation benefits that would come as a result of their ‘specially designed’ CreditSelect Series loans.

The advertising also confirms that Rothschild sells this product “through a handful of selected IFAs”, even if now they claim that the IFAs were selected by their customers.

The only advantage for Rothschild is that they are being tried in Spain, where they can lie as much as they wish!

‘Spanish Inheritance Tax for Dummies’, by Danske Bank Luxembourg

Danske Bank International S.A. Head of Legal and Compliance claimed in Court that he could not recall if his client- the bank- gave tax advice to property owners abroad, but he thinks they did not.

Also, he was adamant that the bank’s understanding of the Capital Assurance product -in respect to IHT benefits- was that such benefits would be achieved by placing the loan in a Unit-Linked offshore based insurance policy, and never by reducing the value of the property.

The man, Ole Stenersen –whether through lack of sleep or a late heavy (another one) night out- was clearly confused. Firstly, he warned that he was no tax expert on the Capital Assurance scheme only to later dissect the financial product on the basis of its tax avoidance functionality.

Later he said that KPMG had only asked them (DB) to remove their name (KPMG), and confirmed that KPMG never questioned the tax advice that was given by Danske Bank, which according to Ole scrupulously followed KPMGs findings.

Finally, he insisted that their advertising material at no point stated that by taking out a mortgage would the customer reduce -legally- the value of the property.

Not to worry Ole, we are aware the flight from Luxembourg must have been long and the trip to Fuengirola arduous and so, at ERVA, we will lend you a hand with the homework by refreshing your selective memory with an IHT manual that is actually… your own publicity.

We hope you now remember better what was your employer exactly doing in Spain. 

(It defies logic what little respect you show for your own clients’ intelligence, your own banking system and, not the least, the Spanish Court system: if you’d been deposed in the UK you would have automatically been charged with perjury).

Is Nordea Bank S.A. helping the Mayoress of Marbella defraud the Tax Office?

Lars Broberg, constructor, propietario de una inmobiliaria y marido de la alcaldesa de Marbella, Ángeles Muñoz.

 

Early this week, ERVA had lunch with a Malaga-based lawyer. The professional (cannot be named), who has taken a serious interest in the Equity Release scam, discussed with ERVA members prior investigations into the dealings of the husband of Mrs. Angeles Muñoz, Lars Broberg, notably how a company owned by both benefited from a political decision: the modification of the boundary-line separating the municipalities of between Benahavis and Marbella.

As a result of this wheeling and dealing, the couple ended up dramatically increasing the value of their land.

Now you may ask what does this have to do with Equity Release and Nordea Bank S.A.?

Answers in a follow up post!

Rothschild…Dewsnip, Danske, Nykredit and Sydbank mentioned in Parliament

Conservative Treasury minister Sajid Javid has vowed to ask Rothschild about the fate of more tan 100 victims of the Equity Release scam, following Labour MP Huw Irranca-Davies call on the Rothschild bankers to fulfil their “moral responsibility” to people living in fear of “penury”.

Video

Intervention starts at 17:08.

Source: UK Parliament Live TV  | Transcripts

 

The Premier Group (Isle of Man) Limited Operating Clandestinely

The CNMV´s building

 

The Spanish regulator CNMV has confirmed that the Premier Group is a clandestine operation in respect to its activities in Spain. A letter received at the law firm Lawbird Legal Services lists a number of firms that have operated in Spain illegally, including The Premier Group (Isle of Man) Limited, SL Mortgage Funding nº 1 Limited and The Premier Balanced Fund PLC.

Other banks that have operated furtively are ABN Amro N.V. (Gibraltar Branch), International Property Finance (Spain) Limited, BNP Paribas Trust Company (IOM) Limited and Banca del Gottardo.

 

 

 

CNMVLetter10012014

2 Danske Bank executives to appear in a Fuengirola Court over fraud allegations

 

 

Henrik Hjerrild Hansen & John Lundskov Larsen på kontoret i Fuengirola

According to Sur Newspaper, two executives of the largest Danish bank, Danske Bank, have been ordered to appear before the Criminal Court 1 in Fuengirola to be deposed in relation to two charges of swindle and misleading publicity, brought by Euan Armstrong, a Briton who was sold an equity release mortgage.

 

The bank’s employees (Henrik Hjerrild Hansen -above left- and Morten Runo Waaben), currently working from the Luxembourg branch office,  are due to appear in Court on the 23rd of January and are to be questioned by the Judge and the claimant’s legal representatives, Lawbird Legal Services.

 

The Court ruling has also ordered the legal representatives for Danske Bank International S.A. to appear in Court, on the same day, in a capacity of ‘civilly responsible party’, inasmuch as corporations did not have criminal responsibility when the alleged fraud took place.

 

According to the writ filed by the claimant in 2011, Danske Bank convinced him in 2005 to mortgage his retirement home in Alhaurin El Grande (Málaga) to guarantee a loan that was directly invested in financial speculative investment transactions, in Luxembourg, without the capital ever coming to Spain. The financial product, called “Capital Assurance”, promised interesting tax benefits compliant with Spanish laws in respect to Inheritance and Wealth Taxes by reducing or eliminating the taxable value of the property, once the mortgage was registered against it.

 

According to Lawbird’s representative, Danske Bank even falsified the content of a tax report on the product prepared by KPMG, one of the largest professional services company, by interpreting its conclusions in an unlawful manner with the purpose of facilitating sales.

 

The news release points out that KPMG has deemed ‘false’ a statement made by Danske Bank in their promotional marketing whereby the former had approved the tax benefits, as well as a formal request by KPM to Danske Bank to cease the use of their name and the removal of any reference to them having given their blessing to the financial product.

 

The text makes reference to a recent ruling by the Spanish Tax Office that concluded that the so called Equity Release on Spanish property is not a valid scheme for lawful tax mitigation but tax fraud, and a criminal offence where the defrauded sum exceeds €120,000 per tax year.

 

An indictment has also been brought against Peter Staarup, former Danske Bank CEO, as head of the Danish company that is believed to have sold in Spain over 100 “Capital Assurance” Equity Release mortgage loans worth tens of millions.

 

 

 

 

 

 

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