This event has now taken place but you can watch the video recording of it through our Youtube Channel, get to it by clicking the button below
When
Wednesday, May 12th from 6pm to 8pm UK timeWhere
Online symposium via Zoom.Format
There'll be a great line-up of speakers plus ample scope for discussion and debate.Why you should attend
In February of this year the FCA censured Premier FX, a now defunct currency exchange firm that once operated in Portugal, Spain and Dubai, for “seriously misleading” customers, failing to safeguard their money and for misusing its payment accounts. A substantial fine would have been imposed had the company not already been in liquidation or owed over £9milion to its creditors, said the FCA in its report.
However, the FCA’s Censure Report has done little to satisfy the many victims of Premier FX, who feel that it unfairly condemns them, rather than:
- The bank that carried out the transactions, for poor supervision and oversight of its trades
- Premier FX’s directors, for lying and destroying customer records
- The FCA itself, for failing to regulate effectively
Instead, Premier FX victims feel the Report placed all the blame on Premier FX’s late founder and director, Peter Rexstrew, who had died.
The Censure Report did not answer the most important question of all: “Where is the money?”
In this symposium, three Premier FX victims will be sharing with us their ongoing battle to get their money back, whilst exposing the many failures of the bank involved and the FCA who, once again, would seem to have failed to protect consumers from harm.
It is clear that there are serious premeditated frauds and theft taking place by FCA authorised and regulated firms. The Premier FX fraud debacle hit the fan in July 2018 (before mini bonds and LC&F mis-selling became public knowledge) and many questions arise:
- Is this yet another example of catastrophic regulatory failure?
- Have the victims been shunted aside by the UK’s investigating authorities?
- Have the liquidators been acting appropriately?
- Did the Premier FX directors commit offences under payment services regulations (2009 and 2017) and criminal offences under FSMA (2000 and 2012), as suggested by the then CEO of the FCA, Andrew Bailey, back in Nov 2018.
The FCA Censure Report published in February 2021 has been criticised for being weak. Again, many questions arise:
- Why does the Censure Report not strongly highlight Barclays and its FX platform for poor supervision and oversight of FX trades, for inadequate client monies segregation and for failing to supply transaction data?
- Did the Premier FX directors lie and destroy customer records as some claim?
- Has the Barclays Relationship Director who was involved gone missing as some believe?
- Have Barclays barred their 3 person account team from being interviewed, saying the Bank owns all the information pertaining to the account?
- Have the FCA actually admitted they were not sufficiently supervising or checking Premier FX?
- Did the FCA make no effective checks when Premier FX was reauthorised in 2018, eight weeks before the firm collapsed, revealing a Ponzi scam scheme, moving £1.6bn while registering accounts of under £2.7m and carrying out speculative trading using client money for over 12 years?
What’s really been going on?
Who/what is to blame?
And, what about the solution?
What would be necessary for this kind of debacle to be prevented from happening again? One idea is that theft by authorised firms should be refunded in full within 3 months by a new City Victims Fund that was financed by the large City institutions and FCA. This would put their “skin in the game” and help ensure they properly prevented fraud by “supervised and regulated” firms.
It’s going to be a very interesting event – be sure to book your place!
Here's the programme and timings so far...
—————————————-6:00pm BST—————————————-
Welcome to the symposium, introductions and initial exploration of the main issues; by
Andy Agathangelou
Founder, Transparency Task Force; Governor, Pensions Policy Institute; Chair, Secretariat Committee, APPG on Pension Scams; Chair, Secretariat Committee, APPG on Personal Banking and Fairer Financial Services
—————————————-6:15pm BST—————————————-
Presentation #1, for 35 minutes + 10 minutes discussion/Q&A
Pauline Creasey
Chair, Premier FX Liquidation Committee
Graham Dyke
Retired Engineer Manager, BAE
Keith Carrè
Retired
—————————————-7:00pm BST—————————————-
Presentation #2, for 10 minutes + 5 minutes Q&A/Discussion by
Richard Emery
Bank Fraud Consultant, 4Keys Internationals
—————————————-7:15pm BST—————————————-
Presentation #3, for 10 minutes + 5 minutes Q&A/Discussion by
TBC
—————————————-7:30pm BST—————————————-
The “Just a minute”-round
Inspired by the BBC Radio 4 programme, we have asked a selection of our attendees to spend just a minute sharing their thoughts on what has been covered during the symposium. But unlike the Radio 4 programme our speakers won’t be penalised for hesitation, repetition or deviation!
Speakers:
TBC
—————————————-7:35pm BST—————————————-
General discussion and Q&A, 20 minutes
—————————————-7:55pm BST—————————————-
Final conclusions; and suggested next steps and close to the formal proceedings.
However, for those that want it…
8:00pm BST until 108:30pm BST
….informal, unstructured networking and informal conversation; a “fireside chat”
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*The programme will continuously evolve so is subject to change.
Pauline Creasey
Chair, Premier FX Liquidation Committee
Premier FX were operating a Ponzi style scam based on push payment fraud for 8 years while registered and authorised by the UK’s Financial Conduct Authority as a Payments Services Institution and being “robustly and rigorously verified” under the FCA’s due legal authorisation process and annually monitored. The firm was already operating fraudulently and unsafely and indeed failed all conditions, bar one, to be a safe payments institution when first authorised by the FCA in 2013. PFX was then reauthorised in 2018 under the new stricter international payment service rules (PSD2, 2017) eight weeks before they collapsed stealing clients’ money worth £12m.
The firm was applauded as a British success story by the UK-Portugal Chamber of Commerce, British Consul and DTI representatives in Spain and Portugal while, in reality, the firm had been operating a scam from 2006. The firm held 74 bank accounts in Barclays London and the Barclays Account Director disappeared on indefinite leave within days of the fraud discovery and has since left the country. The bank has blocked all account staff from being interviewed and sent the transactions in an unusable format despite modern financial systems technology. Premier FX registered its accounts of under £3m per year while moving more than one billion sterling. How does this happen? The victims followed the FCA’s ScamSmart advice and used a British registered FCA Payments Institution and still had their money stolen.
When not meeting with the FCA, and other parties to negotiate for money to be returned Pauline is also
Co-founder and Partner in an aerospace firm providing management and technical services to the aerospace and communications industry.
Pauline welcomes the opportunity to assist the Transparency Task Force in making financial services easier to understand and regulate safely. She believes the consumer is prey to extensive bad practice in the financial services sector and this is accepted, even supported by the Treasury, FCA and Banks and despite independent reports recording severe economic harm and desperate failings by the regulator and banks to follow due legal statutory processes, the calls for change in policy and practice have been dangerously underwhelming.
Pauline believes the financial services and market act needs to be tightened as banking culture is allowing key principles to be evaded. The accountability & liability of the Regulator needs to be changed as it is currently unenforceable which allows the Regulator to fail with impunity. The processes of adequately protecting the consumer under the FSMA and the Payment Service Regulations need to be legally defined and enforced. The key question is by whom and will it be allowed to be enforced?
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Graham Dyke
Retired Engineer Manager, BAE
Graham is a retired Engineer Manager who was employed by BAE for 45 years.
As with many other Premier FX victims he lost his life savings, the cause of which he puts fairly and squarely at the door of the FCA for failing to apply regulatory standards.
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Keith Carrè
Retired
Keith is now retired and has lived abroad in Portugal for the last 30 years and the Middle East prior to that. He has been involved in the Construction Industry, project management, developing , planning and selling housing complexes including the necessary infrastructure.
His life has been affected by the loss of my savings by the collapse of Premier FX and he is fighting for restitution regarding this fraud. He was a regular payment service user for 7 years with PremierFx who were an authorised British payments institution and he was lured by the MD into setting up a savings account having no idea they were lying about their permissions to provide accounts. Having not been involved previously with the FCA or any Financial entities in the UK he is appalled that fraudsters and criminality operates unpunished and enabled by the institutions that are supposed to protect us all.
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Richard Emery
Bank Fraud Consultant, 4Keys International
Richard started his career training as an accountant but soon discovered the then new world of computing. After working for a couple of technology companies, he joined John Lewis Partnership where he became the Project Manager for the design, development and implementation of the Electronic Point of Sale (EPoS) systems in their department stores.
After brief spells in two small technology companies Richard joined ICL Retail Systems as a Retail Business Consultant. This allowed him to play a significant role in the design and development of systems that covered the entire retail process from initial product purchase, through warehousing and distribution, to retail sales and payments.
He set up an independent Retail Business Consultancy in 1990, working with both retailers and technology suppliers in UK, Europe and USA. His investigative and analytical approach soon resulted in him being asked to serve as an Expert Witness in civil disputes regarding retail computer systems.
In 2004 Richard accepted his first Instruction on behalf of a Defendant in a Criminal case. A young retail sales assistant was accused of. She was found not-guilty at the end of a 4-day trial during which Richard gave vital oral evidence. He continues to serve as an Expert Witness in cases of Retail Theft and Fraud.
Since 2013 Richard’s investigative and forensic analytical skills have focussed on credit/debit card fraud and bank fraud. He has assisted individuals, small businesses and charities to challenge the banks and FOS, resulting in refunds ranging from £100s to over £250,000. In 2017/8 he successfully challenged the way that the banks were interpreting the term “gross negligence”. In August 2018 he was asked to write an article on APPF for FOS Ombudsman’s News, resulting in a live appearance on the Victoria Derbyshire show. He is regularly quoted in the media or interviewed on radio and TV. Then in November 2018 he was invited to give oral evidence to the Treasury Committee investigation into Economic Crime. The resulting report was published on 1st November 2019, endorsing much of what Richard had said, and quoting him in several sections.
He is currently challenging the banks to establish an Historic Reimbursement Scheme for victims of APPF since 2014, primarily on the basis that they have been ‘grossly negligent’ by failing to deliver Confirmation of Payee even when the risks of not providing CoP became clearly obvious.
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