I for one welcome the Worrells investigation and believe it is money well spent by ASIC. In making this point i believe SICAG's Mark Weir (referring to his media comments) does not fully understand how the Worrells action fits in.
Why? Firstly the Worrells action will provide a forensic investigation into how storm operated and will no doubt focus on the last year and what went wrong especially the issues of margin calls, the large ex gratia dividend payment and the role of directors in the last 3 months. Secondly, it will be timely with Storm directors and advisers in Federal Court in September this year while things are still fresh in their mind!! It really makes them start to answer the tough questions and put their fingers on the sticky paper. I think ASIC will find this very useful to supplement any action they may choose to make down the track. The Worrells action is also needed to fulfill their liquidation role as they may not have been getting the full co-operation of Storm diretors and staff in answering key questions about the collapse of the company. I believe every storm investor wants to know what, how, when and why Storm collapsed with the information give under oath.
We have to remember that the terms of reference for the parliamentary enquiry really do focus on what needs to be changed in the industry and what we can learn from the collapse of Storm. It is not as rigid nor adversarial in questioning and investigation as the Worrells or ASIC actions because it is not a court room!!
The real action will come from any ASIC legal action as this will be the full blown knock em down stoush where the storm directors, storm advisers and bank officials future (think potential custodial sentences and large fines) is very much on the line.
I hope this provides some perspective.
Max
We're not denying that SICAG is doing some commendable work and getting some worthwhile results.
Our criticism lies in the fact that SICAG seem intent on deflecting the heat away from EC and his Storm henchmen.
We're led to believe that the objective of SICAG is to get justice for Storm victims.
But it's a poor apology for justice if Storm are not pursued for what they did!
Could it be that some of the SICAG leaders received money from Storm's piggy bank/war chest to get them out of bother, and are now worried they may have to cough it back up as Storm were clearly insolvent at the time??
Which is exactly why SICAG don't want any more 'inquiries' cropping up.
Prime, it could be said that SICAG hasn't exactly looked too hard for any wrongdoing on Storm's behalf, the website is a clear example of that.
Why don't we ask all the ex-employees who were told not to sell their clients out in Oct 08 and save them from financial devastation? I have heard it anecdotally from a number of sources now (and Ron Jelich has alluded to it in his parliament submission) that ex-Storm principals and staff knew that what they were doing wasn't in the best interests of their clients, and yet no one did anything about it.
We are happy to see SICAG take it to the banks, but answer us this, once the banks are sorted, will SICAG be seeking justice for their members against EC?
Big Max....
Whether history is kind to SICAG remains to be seen, once the ASIC/Worrell's inquiry starts throwing names around. I don't know if you have been reading my posts, but I fully ENDORSE and APPLAUD the support SICAG have given to the mum and dad investors in terms of people to talk to etc etc...
What I categorically abhor is the fact that ex-Storm employees and pals of EC are on the committee, and are blocking any outcry against Storm. Trust me mate, Colonial Lending sold me down when I wasn't in margin call without notification (making someone in the bank a nice profit), so I am out for the bank's blood as much as the next man and SICAG member.
But the fact remains, is that Storm (and its SICAG flag waving ex-employees) were undeniably complicit in this treachery. I have no doubt in my mind who was 'filling in the blanks' on clients loan docs and I suspect it was Storm.
The amount of people who were told at their Storm meetings 'oh just leave that blank, we'll fill it out for you' seems to be a little too dodgy if you ask me. My adviser even noticably got cranky when my g/f and I filled out everything on our initial loan doc (with initials beside it), as if we'd taken away his ability to earn a commission or something. It was quite odd, and I for one should have seen it as a warning sign.
Notwithstanding your attempts to discredit my theory that Manny ordered his staff not to sell anyone down when they should have, I got it from the direct mouth of a Storm employee who was there when the crap hit the fan, and BOTH Storm and the CBA sat on their hands and did nothing.
And as for terming people on this forum 'ignorant', maybe your superiors on the SICAG committee might like to remind Manny at their next campfire singalong that my family (and the people you decry on this forum) that his inaction and greed cost us collective millions.
Until I see SICAG admit that the banks AND Storm/Manny & Julie were to blame, we'll continue drawing our own conclusions as to where SICAG's true loyalties lie. My mother got a six-figure sum from the CBA as a result of the pressure by Slater and Gordon and all involved. Well done there.
What I want to know is, when will SICAG seek justice on the Cassimatis', financial or otherwise?
Bunyip,
Through what mechanism has SICAG deflected heat from EC?
We are only able to work with information and facts. To date, we have uncovered wrongdoing by banks and their cronies and employees ...
We have not been able (except for anecdotal evidence) to discover significant facts or information regarding criminal wrong doing.
You assert /imply significant criminal culpability for EC and his hencemen, you must clearly be in possession of some damming documentary evidence if you can assert such heat deflection. If so, please forward same to the appropriate authority asap so that they can and will be brought to account.
If you cant backup what you say, then you should remain respectfully mute.
Prime.
Could it be that some of the SICAG leaders received money from Storm's piggy bank/war chest to get them out of bother, and are now worried they may have to cough it back up as Storm were clearly insolvent at the time?? I seem to recall reading a court transcript which mentioned "unsecured loans made to selected clients" in Dec 2008. Jelich seemed confused as to where the money had gone - I suspect several unsecured "loans" were made to Manny & Julie's nearest and dearest at the expense of the client base and general and their creditors in particulat. This is something that no doubt Worrells would be keen to uncover and those who received the money keen to keep under wraps!
Bunyip,
Through what mechanism has SICAG deflected heat from EC?
We are only able to work with information and facts. To date, we have uncovered wrongdoing by banks and their cronies and employees ...
We have not been able (except for anecdotal evidence) to discover significant facts or information regarding criminal wrong doing.
You assert /imply significant criminal culpability for EC and his hencemen, you must clearly be in possession of some damming documentary evidence if you can assert such heat deflection. If so, please forward same to the appropriate authority asap so that they can and will be brought to account.
If you cant backup what you say, then you should remain respectfully mute.
Prime.
I somehow don't think Luke, sorry I mean Prime, is going to bag his special friends given the content of the only submission from a SICAG operative so far published.
The argument that they have found wrongdoing by the Banks and nothing criminal by Storm is a matter of semantics, they have found nothing criminal done by the Banks either. This furphy about no money, why pursee them, etc is as hollow as the Cassimatis claim to fight this to his last breath.
Found it - from Justice Logan, Federal Court, in ruling re ASIC vs Cassimatis re DOCA: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2009/269.html
"As regards the sum of $3.525 million described as “Loans to Clients” the Administrators advise that this represents advances to, or security provided for, Storm clients who were unable to “correct their positions” or “in situations where the clients LVR were high”. The Administrators have been advised that these advances were unsecured, interest free and repayable “in due course”, that is without a fixed repayment date, and that they relate to at least 117 separate clients. Internal documents of Storm record that “As the market recovers Storm will recoup these funds in full”.
Given that the advances are unsecured, were made to clients who were apparently suffering some degree of financial difficulty, and may have relied upon the market recovering for repayment, the collectability of much of the advances sum must be in doubt."
I have personally been told by an ex-storm client that "Manny & Julie helped us out" - not surprisingly, their submission to the Senate enquiry laid all the blame for their losses squarely on CBA and none on their good mates!
I think you will find documentary evidence of some serious negligence on the part of storm in their SOAs, before the collapse other financial planning firms were passing storm SOAs around in forward emails as a joke they were that bad...
Prime you are right in terms of the fact that no one should be pointing fingers at individuals at this stage without a lack of hard facts.
But I am very confident that the ASIC/Worrell's investigations will tell us exactly who is at fault in due course.
What I can confidently say is that I think the following will transpire:
1. CBA (maybe BoQ) will settle with Storm clients owing to forged loan docs, and unsavoury lending practices, in an effort to stave off the Slater and Gordon class action.
2. EC/Julie will be hauled over the coals over the sudden depletion of funds late last year from Storm's working funds. Some recipients of these mystery loans might be named, as well as negligent advisors complicit to the fraudulent Storm model will also be named.
3. A raft of civil/criminal suits may follow.
Justice will be done.
You mention that criminal charges won't put food on the table of people affected. No it won't, but it will sure take food off the people responsible, which is how justice should work.
I have no doubt that these loans may well have been made, but you are inferring that the SICAG leadership is involved. The loans to some clients, and SICAGs leadship and their relationship to EC/Storm are separate issues and should not, through conjecture, be sewn into the same piece of fabric. It is plainly wrong.
If you have proof that the SICAG leadship are anything but straight up and down you need to provide this evidence to the authorities. I challenge you.
I was working for a risk planning firm for a short while who often had Storm SOAs pass our desks (or at the very least a personal balance sheet) - we'd regularly read in amazement at how the "planning" was almost identical for every client they passed us - equity lend to the hit then leverage over the borrowing via margin loans.I think you will find documentary evidence of some serious negligence on the part of storm in their SOAs, before the collapse other financial planning firms were passing storm SOAs around in forward emails as a joke they were that bad...
Perhaps if there were more transparency regarding these transactions, those left in the dark, such as I, would be less suspicious and cynical when the head of SICAG is openly against an enquiry which may very well bring some of these dealings out in the open for all to be aware of. I don't know if the SICAG leadership are involved - I also don't know for sure that they're not! What I do know is that funds were "lent" to some, and not others...
I challenge you to make public on SICAG's site a list of the fortunate benificiaries - but of course this would not come under SICAG's purview, would it
I'm not sure that you're "getting" the fact that there are many ex-storm clients, such as myself, who would happily have joined SICAG if they were at least seen to be impartial. Criminal actions may yet to be proven, but I've yet to see/hear an admission from SICAG that the actions taken by EC/JC were ill-advised at best, and morally bankrupt at worst.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?