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FSA secures freezing order against suspected unauthorised schemes

by Michelle Abrego on Dec 21, 2011 at 10:55

FSA secures freezing order against suspected unauthorised schemes

The Financial Services Authority (FSA) has secured interim injunctions and freezing orders from the High Court against a number of suspected unauthorised land banking firms.

The firms include St Clair Estates, OFG Investments, Option Land UK, and GIG Properties.

The FSA said the orders were taken out to prevent the companies from selling plots of land until further investigations are conducted.

‘The FSA took this action because it suspects that these companies were running a land banking operation which amounted to an unauthorised collective investment scheme,’ it said.

The firms, believed to have marked plots of land on a site at Winkleigh Airfield in Devon, and the FSA has frozen about £850,000 believed to be derived from customer investments.

Since 2008, the FSA has obtained injunctions against nine firms involved in land banking.  Most recently, on 9 December, the FSA secured a summary judgment in the High Court against Cityshore Commodities and its director Aaron Walker.

FSA head of unauthorised business, Jonathan Phelan (pictured), said: ‘Anybody investing in land should always have it independently valued to check its worth. Furthermore, if you are ever sold land as an investment, and on the basis that someone else will manage it for you as part of a wider site, you should seek the advice of a firm that is authorised by the FSA.’

9 comments so far. Why not have your say?

Paul Howard

Dec 21, 2011 at 11:24

Just though - although what the FSA is doing is 'right' - who pays for it?

I am guessing it gets factored into the overall fees the Financial Services industry pays - which doesn't seem right?

I don't think the non-authorised work the FSA does should be paid for by the industry - as we don't benefit (unless that money 'not invested' in these schemes. get invested into FSA authorised areas) from it.

Am I right or wrong?

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Barman

Dec 21, 2011 at 12:06

The consumer benifits from not getting caught up in bogus schemes like these. A key driver for the FSA is consumer protection.

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Jeremy Edwards

Dec 21, 2011 at 12:25

I am delighted, but it is a shame it has taken so long. I know the law, like the Mills of God, grinds slow but exceedingly small, but these nightmares have been around nearly a decade.

http://web.me.com/jeremyedwards996/findyournumber/Blog/Entries/2011/3/10_Land_Bank_Scams%3B_more_dodgy_dealings.html

http://web.me.com/jeremyedwards996/findyournumber/Blog/Entries/2010/7/15_Land_as_an_Investment.html

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Paul Howard

Dec 21, 2011 at 12:56

Barman - then surely, that should be paid for by the Government then?

If as an individual I choose not to 'pay for advice', go direct to a firm, not do any due diligence on the investment and then kindly get my money back - thats hardly going to promote the idea of consumer education - (as someone else will always pick up the tab?)- which is also a FSA 'key driver'.

As a nation we are basically telling people - go for the get rich quick schemes - and if it doesn't work out - don't worry, the Financial Services industry (who never made any money from it in the first place) - will make good the loss!

As several people on other articles have said - this just can't go on. People have to accept the effect of making their own decisions - otherwise the constant spiral of levy/failed firms/more levy's is going to continue.

The FSA should receive a payment from the Government for Education and protection (on Unauthorised areas) - and MAS should make people aware that if they invest in a unregulated investment - it's on their head.

If someone claims to be FSA authorised - and isn't - and investors lose money - the fraudster should spend the rest of the life repaying the debt.

We are too soft on fraudsters and too soft by not saying to investors in these schemes - 'sorry you made the wrong call, you will lose your money'.

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Barman

Dec 21, 2011 at 13:06

Paul, If you read the article linked in this piece, you'll see the companies involved are being ordered to pay the compensation.

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Paul Howard

Dec 21, 2011 at 14:43

Barman

But that doesn't (necessarily) cover the cost the FSA has incurred - i.e. their investigation time and Court costs.

The various articles refer to other Landbank firms and they only state compensation to the investors is being paid - there is nothing about fines to cover the FSA costs.

Example on Cityshore Commodities -

"ordered it to pay £200,000 in consumer redress"

So - we are paying those costs!

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Anthony Smith

Dec 21, 2011 at 15:22

These unauthorised land banking schemes are not covered by the compensation scheme so the customer cannot claim redress from the FSCS or the industry.

The costs of closing them will come out of the general levy and works to the general good of the industry removing rogues which ticks a number of FSA objectives including confidence in the financial services industry as well as consumer protection.

Unauthorised schemes like this tarnish the reputation of the industry as a whole including confidence in investments offered through legitimate advisers and legitimate authorised funds.

Think of it as a charitable donation if that helps!

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Adam Smith

Dec 21, 2011 at 16:25

Also, while the FSA is the lead agent in land-banking cases, they are multi-agency actions under the overall strategic direction of the National Fraud Authority. There are a lot of other actors in these cases that are not direcly funded by the industry.

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l'ifa passeport en provenance de France

Dec 21, 2011 at 17:13

How about land banking with tax planning being put out by a large accountancy firm in the east midlands... pay 15% for the land and save 100% corp tax....nice!

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