Australian (ASX) Stock Market Forum

The Storm Financial story is now history, but other equally dodgy investment schemes have replaced it, one of them being property investment schemes run by unscrupulous opportunists who, just like Storm Financial was, are out to feather their nest at others peoples expense by selling/promoting highly risky investment schemes.
I came across one such mob of opportunists a few years back at the height of the coal mining boom. They had an information stand set up at a home and leisure show, showing people how to create wealth-building returns through positively gearing into property.
The strategy involved using existing homes or other assets as security for investment loans to cover 100% of the purchase price of various properties which this company had on its books. The rental return and tax deductions of these properties was more than sufficient to cover loan interest and repayments, council rates and letting agents fees etc, with income left over.
I told them I’d invested in property for some years but had never found any that offered this sort of positive gearing, to which they responded by naming half a dozen Queensland coal mining towns including Moranbah in Central Queensland, in which houses could be bought that would indeed be positively geared even if 100% of the purchase price was borrowed.
I suggested that sooner or later there would be a serious downturn in coal prices, and these houses that were selling for 600k to 800k and bringing in rents of $1500 to $2000 per week would collapse to their real value of 150 to 200k, with a corresponding fall in rental returns, .
Their response was to tell me that China was in a boom that would last for at least another four or five decades, ensuring buoyant prices for Australian coal.

Some of you may have watched ‘60 Minutes’ a few weeks ago in which they ran a story about a couple of property investors who’d been caught out by the current slump in house values in QLD coal mining towns. One was a woman in her 20’s who’d bought a swag of houses in Moranbah, and had run up debt of 5 or 6 million dollars in the process. And another couple who had borrowed heavily to build a large block of townhouses, also in a coal mining town. In both cases their investments had become virtually unsalable unless they were willing to accept prices 70 to 80% lower than they’d paid. And virtually un-rentable as well, due to a massive population exodus from mining towns due to mine closures.
Someone who knows some of these mining towns well told me one of them has ‘for rent’ signs on more than 600 houses, with no tenants to be found.

A couple of years back we had some spirited discussions on this thread about how to prevent dodgy investment schemes from fleecing people. In particular there was much debate between those who thought the solution was in tougher legislation to make it harder for rogue investment advisors to operate, and those who thought that dodgy advisors would always find a way to operate regardless of legislation.
I was firmly in the latter camp and I still am.
How do you stop some investment mob, for example, from telling people quite truthfully that property investment in coal mining towns is generating 10% rental returns, which is more than sufficient to finance the commitments on 7% loans for the full purchase price of the property?
How do you stop banks from financing this sort of investment, and would it make any sense to do so even if it was possible? Mining towns and all sorts of other investments are financed by bank loans, in the full knowledge of both borrower and lender that every investment carries an element of risk.
How do you force someone running an investment scheme to disclose that their strategy relies on the completely unrealistic expectation that coal prices won’t suffer a serious downturn?
How can you stop someone from expressing an opinion (genuine or not) that a continuing boom in China will keep coal prices buoyant for another half a century or more? These are the things I was told by that mob at the home and leisure show, and unscrupulous as I believe they were, the information they gave me at the time was largely correct, except for their view about the coming 50 year boom in coal prices.

Fortunately they didn’t succeed in catching me, but no doubt there were many people who did get caught because they failed to fully evaluate the risks in the strategy.

http://www.macrobusiness.com.au/201...vestor-of-the-year-slams-banks-on-60-minutes/

http://www.9jumpin.com.au/show/60minutes/stories/2016/home-groans/
 
Strange we have all the trading laws and consumer rights .warranties etc but nothing to stop all this sort of false advertising... dare say there is a bit of fine print on the contracts to cover the crooks,,,,Maybe any investor should be made to attend some sort of say 1hr course and given a investors cardso they have some grounding on trading...At present we all know housing doubles every 7 yrs and RE never goes down ...this myth help sell RE,
 
It is interesting that I thought of Storm Financial, just two days ago, driving past a fancy Financial Adviser's "gin palace " replete with a large car park filling up with fresh gulls and fancy colonnaded entrance.

I repeat my advice and comment on Storm from a few years ago.

I still reckon there should have been a Royal Commission over Storm Financial.

Storm is the perfection of fancy suited Advisers , conning gullible citizens , in to losing money.

It is what they do.

They are up and running again in Townsville.

Gullible mugs, drive in to their cupolas, and their golden dunnies.

Avoid Financial Advisers at all costs.


gg
 
It is interesting that I thought of Storm Financial, just two days ago, driving past a fancy Financial Adviser's "gin palace " replete with a large car park filling up with fresh gulls and fancy colonnaded entrance.

I repeat my advice and comment on Storm from a few years ago.

I still reckon there should have been a Royal Commission over Storm Financial.

Storm is the perfection of fancy suited Advisers , conning gullible citizens , in to losing money.

It is what they do.

They are up and running again in Townsville.

Gullible mugs, drive in to their cupolas, and their golden dunnies.

Avoid Financial Advisers at all costs.


gg

Ethics and quality of advice in the financial advice industry has improved over the past few years, and it will step up dramatically over the 5 years or so, in my opinion.

FOFA brought in many positive changes for consumers, and with the slated increase in minimum education requirements, eventually it will become a true profession. AMP have mandated that all advisers must have post-grad qualifications by 2019...other banks have and will follow suit on this. It will lead to a lot of bad eggs leaving and being squeezed out of the industry, and the quality of advice will be much higher.

I know this is hard to believe at the moment with the media constantly running negative news stories, but often financial advisers cop unfair flack and the burden of the blame, even when the failure is with product providers (see Comminsure), or other participants.

For example, the property salesmen you speak of above, have nothing to do with financial planning. A financial adviser cannot recommend direct property.

In the case of Storm....it is now illegal to receive commissions on investment products. It is illegal to charge asset-based fees on geared investments. Hence, the Storm model will not happen again. In the case of Timbercorp and Great Southern, again, this will not happen again as commissions have been banned - furthermore these products were largely recommended by accountants masquerading as advisers - searching for tax deductions for their clients. The fact that most financial planners wouldn't touch MIS is often lost.

Commissions on insurance products are also being dramatically scaled back, this will squeeze out many of those old-school insurance salesmen, and increase the quality of advice in this area.

Don't get me wrong, there are A LOT of sh!tty financial advisers in Australia, the industry has a long way to go, but things are changing and will continue to improve over the coming years.

Disclosure: I am not a financial adviser, but have been in the industry for 10+ years.
 
I take your points Junior.

I believe however that Financial Management is as important in the present day as English or Maths for young people. It should be taught in schools.

There are still too many rogues out there, and many people are gullible and under educated about managing their finances.

gg
 
I take your points Junior.

I believe however that Financial Management is as important in the present day as English or Maths for young people. It should be taught in schools.

There are still too many rogues out there, and many people are gullible and under educated about managing their finances.

gg

Certainly agree with the above.

In this internet age I hope that more folk will educate themselves on-line and become financially literate to some degree.

But unfortunately there will always be the gullible masses, and there will always be someone to take advantage of them!
 
It is interesting that I thought of Storm Financial, just two days ago, driving past a fancy Financial Adviser's "gin palace " replete with a large car park filling up with fresh gulls and fancy colonnaded entrance.

I repeat my advice and comment on Storm from a few years ago.

I still reckon there should have been a Royal Commission over Storm Financial.

Storm is the perfection of fancy suited Advisers , conning gullible citizens , in to losing money.

It is what they do.

They are up and running again in Townsville.



gg

Really? Storm Financial is back in business in Townsville??
 
As usual it's the banks who are copping most of the blame for the predicament that some of these property investors now find themselves.
Note the comments in relation to the dilemma of the woman in her 20's who is mentioned in the following link. http://www.news.com.au/finance/busi...k/news-story/57af9a6edf85528f5fa38beddd7bb2e3

The 24-year-old featured in the 60 Minutes report doesn’t entirely blame the bank for the millions she borrowed, admitting to being greedy.
But she said while she didn’t look closely enough at her capacity to repay the loan, she believes the banks also had a duty of care.
“What this has taught her is banks are throwing money at people in the good times and now in the bad times banks will blame the borrower and say it’s their fault for borrowing all this money,” Mr Coulthart said.
“To some degree that’s true, but they should have a duty of care to make sure people have the capacity to repay.”


The point that Mr Coulthart seems to be missing is that borrowers did have the capacity to repay when they borrowed money and got returns well in excess of bank interest.
Their inability to repay is not so much that the banks financed them into investments which, like all investmetns, carried an element of risk. Their repayment difficulties are mostly the result of the severe downturn in the coal industry that has decimated rental returns and property values in coal mining towns.
The same thing can happen in any industry. I remember back in 1974 when buoyant cattle prices dived by about 75% and took four years to recover. Many cattlemen were bankrupted, not because the banks had financed them during the good times, but simply because their industry was suddenly unprofitable and they no longer had income to service their loans.
Back then I don’t recall the media or anyone else laying into the banks for providing finance to a risky industry. Different story these days though, now it’s become fashionable to immediately point the finger at the banks any time some reckless investor goes broke by over-reaching him/herself in a risky industry.
 
In the Morning Bulletin earlier this week.

http://www.themorningbulletin.com.a...ppropriate-advice-vulnerable-investo/3082665/

THE directors of Storm Financial contravened the Corporations Act when they allowed vulnerable investors to receive "inappropriate advice".

Justice James Edelman found Storm Financial indiscriminately applied its investment model to clients without considering whether they could rebuild after a significant loss.

He said Emmanuel Cassimatis and his wife Julie, as directors of the company, should have concluded "an appropriately conservative approach to investment" for these clients.

The Australian Securities and Investments Commission took the Cassimatises to court after investors, many retired or about to retire, lost their homes and superannuation in the wake of the Global Financial Crisis.

After the company collapsed in 2008, the corporate watchdog calculated investors lost about $830 million.

While the collapse affected thousands of investors, the contraventions decided in the Federal Court on Friday afternoon concerned 11 investors, or six instances if couples were treated jointly.

Each of the investors was more than 50 years old; was retired or approaching and planning for retirement and had little or limited income.

They had few assets, generally comprising their home, limited superannuation and limited savings.

These investors had little or no prospect of rebuilding their financial position if they suffered significant loss.

In his 215-page judgment, Justice Edelman concluded reasonable directors with Mr or Mrs Cassimatis's responsibilities would have been aware of a strong likelihood of contravening the Corporations Act if they did not prevent or prohibit the Storm model from being applied to clients who were retired or near retirement with few assets and limited income.

"The extent of the adverse consequences that occurred for the investors was undoubtedly a result of the GFC which was an event with a magnitude which could not have reasonably been foreseen by a director in the position of Mr or Mrs Cassimatis," he said.

"... other causes may have included difficulties that the banks had in managing margin loans, margin calls not being received when they should have been received, the timing of the fall of the share market coinciding with the quarterly distribution in the index funds, delays in the banks updating their securities, volatile data from the banks, and mistaken calculations of LVRs (loan to value ratio) by Colonial."

But Justice Edelman said these other possible causes did not detract from Storm's "inappropriate advice".

"If Storm had not inappropriately advised the relevant investors to mortgage their home and invest using the Storm model then they would not have invested in this way (in) the first place and would not have been exposed," he said.

"Although many of the relevant investors suffered significant, life-altering, losses after the GFC, these losses were neither necessary nor sufficient for Storm's breach.

"The simple point is that they omitted to take any action at all to redress the likely breaches of the Corporations Act which they had caused or permitted by the creation and manner of operation of the Storm model."

ASIC commissioner Greg Tanzer said this was an important decision that emphasised the importance of directors' duties not to allow companies in their control to breach the law.

"The decision also highlights the significant obligation on financial services licensees to provide financial advice that is appropriate to the persons to whom it is given," he said.

The matter will be listed for a further hearing at a later date to determine what civil penalties and disqualification orders should be imposed on the Cassimatises.

Palmwoods investor Mark Weir, from the Storm Investors Consumer Action Group, said many investors, including himself, did not know the strategy was one-size-fits-all.

"It's civil, not criminal. There are some who will take the view that ... it's a minor breach," he said.

"However, the consequences of it across the board for Storm investors was catastrophic and it'll be interesting to see what kind of penalty applies."

ASIC also took action against BOQ, CBA and Macquarie in the wake of Storm Financial collapse, alleging the banks supported Storm's unregistered managed investment scheme.

The banks still deny the allegations but all settled before a ruling was handed down.

The long-running case involved hundreds of witnesses and thousands of exhibits. -ARM NEWSDESK
 
Re: Storm Financial Group regulators

"In particular there was much debate between those who thought the solution was in tougher legislation to make it harder for rogue investment advisors to operate, and those who thought that dodgy advisors would always find a way to operate regardless of legislation.

I take your point about "it is impossible" to foolproof and protect investors point

But does that mean we should not have tough regulations?
What regulations does is try and prevent widespread dodgy operators to come in
SO you don;t see what Regulations have prevented and people only latch on those who escaped


It is fashionable ( or cool or whatever the word is) to blame regulators and portray tough regulations as meddling in peoples affair and anybody who suggest tougher regulation is labeled as some sort of lefty!
This is a typical north american dog eat dog mentality

Imagine no regulations or thin regulation in following
- Food safety ( imagine no labeling laws or food safety std)
- Medical field including device / drugs ( Imagine a UBER aged care anybody can offer aged care or child care or a anybody offering implantable devices )
- Construction ( Imagine non need for Reg Engg status to sign off on bridge design)
- Transport ( Imagine Backyard aviation operators)

Why financial services should be exempt from that
Take for example Broker failure and "Client money safety" except HIN nos identified Direct stock investment which is normally covered by countries security insurance (FSA / SIPC AFG etc)
ALL clients of OTC products in Australia like FX/ CFD become UNSECURED CREDITORS in case of broker failure!
If we water down whatever ASIC regulations are there there will be more casualties

If we care about society we should make tough laws not water them down ! IMHO
 
Here is an interesting story from Michael West

http://www.michaelwest.com.au/revealed-cbas-secret-deal-with-storm-victims-lawyer/

The Commonwealth Bank secretly struck a deal with class action lawyers for Storm Financial Group which left victims in a $1 billion claim against the bank with a return of just $34 million.

Of that $34 million in compensation for Australia’s most devastating financial scandal, legal fees came to almost $10 million.

Emails obtained by michaelwest.com.au show the bank had engaged the victims’ lawyer Stewart Levitt of Levitt Robinson with a “personal restraints” arrangement in October 2010.

However, Sean McArdle, the lead litigant in the Storm class action lawsuit against the bank confirmed over the weekend he and other Storm victims were not made aware that any deal had been struck with the bank.

“He never spoke to us about that deed,” said McArdle who was formerly a forensic crime scene policeman. “To this day, it has only come out in a recent dossier of documents sent to me because I requested them … the paperwork pertaining to the matter”.

McArdle says he was never happy with the CBA settlement and only signed it “under duress”.

The Commonwealth Bank declined to respond to detailed questions. Stewart Levitt was not available for comment.

storm-stewart-levitt
Storm lawyer Stewart Levitt
Storm, the speculative Townsville-based financial advice firm, collapsed in January 2009 amid the global financial crisis and was shunted into liquidation shortly afterwards. It owed $3.6 billion to some 14,000 investors who had been recklessly advised to use high levels of debt to invest in shares during the bull market.

CBA, Macquarie and Bank of Queensland had provided the margin loans to Storm clients.

In the email to the CBA’s group general counsel David Cohen of June 6, 2014, Stewart Levitt wrote:

“You will recall that in October, 2010, CBA and I entered into a Deed of Settlement and Release in which I agreed to certain personal restraints in order to ensure that I could continue to represent my clients in a Resolution Scheme with the Bank – although not the original Resolution Scheme.

“I specifically refer you to clause 2.4 of the Deed (attached) which I have continued to honour”.

storm-david-cohen
CBA general counsel David Cohen
The email goes on to remind the bank’s top lawyer: “True to the form which I demonstrated back in October 2010, when I was prepared to accept a restraint on some actions which I could take on behalf of my clients against CBA, I would again, albeit with understandable reluctance, be prepared, as part of a fair and reasonable settlement by CBA with my Storm clients, to undertake not to act in any representative proceedings against CBA arising out of the BankWest episode”.

Levitt Robinson had been acting for BankWest borrowers whose loans had been called in when CBA took over the embattled BankWest.

Another email from Levitt to Cohen on April 1, 2014 says “My own keenness to resolve the matter (which I do not deny) is not necessarily shared by those whom I represent”.


Email from Levitt to Cohen
That was preceded by an email sent by accident from Cohen to Levitt a few minutes earlier saying: “Now he’s sounding a bit desperate. I will email him tomorrow to suggest a time to speak”.

The settlement between CBA and Stewart Levitt’s Storm clients was made in July 2015 for $33.7 million – the same offer they had received three years earlier minus legal costs of $9.8 million.

It is not unusual for funders of representative actions to take a third of the settlement but there was no external litigation funder bankrolling this case. Levitt was also engaged in the lawsuit for Storm clients against the Bank of Queensland which was settled for $20 million in 2014.


Cohen email to Levitt sent by accident
Deflecting calls by Labor and the Greens for a Royal Commission into the banks, the government announced last week a new inquiry into small business lending to be headed up by Small Business Ombudsman Kate Carnell.

Ironically, one of the committee members to oversee the inquiry is the controversial One Nation senator Rodney Culleton. Culleton, who has hitherto been one of the more strident advocates of a Royal Commission, is also a client of Levitt Robinson which, in December 2015, had his bankruptcy annulled, smoothing his path to the Senate.

Editor’s Note: Stewart Levitt could not be contacted prior to publication. He has made contact since and, while declining to respond to specific questions, has rejected this story in strong language and vowed to take legal action.
 
Re: Storm Financial Group regulators

"In particular there was much debate between those who thought the solution was in tougher legislation to make it harder for rogue investment advisors to operate, and those who thought that dodgy advisors would always find a way to operate regardless of legislation.

I take your point about "it is impossible" to foolproof and protect investors point

But does that mean we should not have tough regulations?


If we care about society we should make tough laws not water them down ! IMHO

Of course we should have tough regulations to provide maximum deterrent to dodgy operators who are out to fleece people. I think we all agree on that.
What some of us disagree with, however, is that tough laws alone will be enough to safeguard investors. They’ll still end up getting hammered if they wade into the stock market, or any other high-risk investment, with all their savings and super, plus a load of borrowed money secured by a mortgage over their homes or other assets.
I suspect that a dodgy operator like Storm could get around tough legislation simply by saying something along the lines of ‘Stock market investment carries the potential for significant loss as well as significant profit. Our strategy involves investing in the stock market by using your own money, plus borrowed money secured against your home and/or other assets. Accordingly, this strategy may or may not be suitable for you. You should conduct your own independent research before proceeding with this investment strategy.’

No doubt a law firm could word it better than I have, but you get the idea. The dodgy operator could additionally do what all dodgy operators seem to do....talk about financial independence and the importance of achieving it, put out glossy brochures and glitzy websites with photos of yachts and expensive cars and happy, smiling people to subtly convey the message that all this could be yours if you follow our investment strategy.
And people would be drawn in like moths to a light, just like some always are any time a slick operator appears to offer them an opportunity to make a lot of money.
 
Re: Storm Financial Group regulators

Of course we should have tough regulations to provide maximum deterrent to dodgy operators who are out to fleece people. I think we all agree on that.
What some of us disagree with, however, is that tough laws alone will be enough to safeguard investors. They’ll still end up getting hammered if they wade into the stock market, or any other high-risk investment, with all their savings and super, plus a load of borrowed money secured by a mortgage over their homes or other assets.
I suspect that a dodgy operator like Storm could get around tough legislation simply by saying something along the lines of ‘Stock market investment carries the potential for significant loss as well as significant profit. Our strategy involves investing in the stock market by using your own money, plus borrowed money secured against your home and/or other assets. Accordingly, this strategy may or may not be suitable for you. You should conduct your own independent research before proceeding with this investment strategy.’

No doubt a law firm could word it better than I have, but you get the idea. The dodgy operator could additionally do what all dodgy operators seem to do....talk about financial independence and the importance of achieving it, put out glossy brochures and glitzy websites with photos of yachts and expensive cars and happy, smiling people to subtly convey the message that all this could be yours if you follow our investment strategy.
And people would be drawn in like moths to a light, just like some always are any time a slick operator appears to offer them an opportunity to make a lot of money.

Regulation has changed since the Storm days. An advice firm used to be able to charge an asset-based fee on a geared portfolio of investments. They used to be able to receive commissions on investment products (i.e. great southern, timbercorp etc.).

These things are now illegal, which really removes the incentive to recommend high levels of gearing.

The real estate industry, and instances where financial advisers team up with real estate businesses to recommend off-the-plan property in SMSF, are areas of concern these days. :2twocents
 
Re: Storm Financial Group regulators

Regulation has changed since the Storm days. An advice firm used to be able to charge an asset-based fee on a geared portfolio of investments. They used to be able to receive commissions on investment products (i.e. great southern, timbercorp etc.).

These things are now illegal, which really removes the incentive to recommend high levels of gearing.

The real estate industry, and instances where financial advisers team up with real estate businesses to recommend off-the-plan property in SMSF, are areas of concern these days. :2twocents

Thanks Junior. As I recall, you were/are a financial advisor yourself. So what’s your opinion about tough legislation – is it or can it ever be sufficient deterrent to get rid of dodgy operators once and for all, or will a few sharks always find a way around it?
Will it ever be safe for investors to base their investment decisions one hundred percent on what their advisor tells them, secure in the knowledge that legislation will remove the possibility of getting fleeced? Or will they still need to conduct their own due diligence on the advice they’re given?
And will some operators simply ignore the legislation and employ dodgy practices anyway, as seems to happen to some extent will all rules/laws/regulations?
 
Re: Storm Financial Group regulators

Thanks Junior. As I recall, you were/are a financial advisor yourself. So what’s your opinion about tough legislation – is it or can it ever be sufficient deterrent to get rid of dodgy operators once and for all, or will a few sharks always find a way around it?
Will it ever be safe for investors to base their investment decisions one hundred percent on what their advisor tells them, secure in the knowledge that legislation will remove the possibility of getting fleeced? Or will they still need to conduct their own due diligence on the advice they’re given?
And will some operators simply ignore the legislation and employ dodgy practices anyway, as seems to happen to some extent will all rules/laws/regulations?

I think it will significantly reduce the instances of dodgy advice, over time.

The vast majority of licensees are now screening potential advisers with far more rigour than before. Making it difficult for dodgy advisers to move around and deliver poor advice under a number of different licensees.

As I said, the fact incentives to recommend high levels of gearing have been removed, is a big win and should ensure what happened following GFC does not happen again in financial advice (i.e. large-scale margin lending, agribusiness etc).

There are still plenty of below-par operators in the industry (primarily in insurance advice & SMSF gearing into property), and clients should definitely conduct their own due diligence and not rely on legislation alone. ASIC is still poorly resourced, and limited in their ability to enforce the law in a timely manner.

Higher education standards are very important in my view, and when these come into effect the quality of advice will improve.
 
For those of you still wondering what penalties will apply to Manny and Julie Cassimatis for their proven misconduct as directors of Storm Financial, you only have to wait until Feb 1st 2017.

A fellow barfly at the Ross Island Hotel alerted me to this information from ASIC.

Court appearances
7 September 2016
On 7 September 2016, Justice Edelman ordered that the proceeding be set down for a hearing on remedies and costs on 1 February 2017.

http://storm.asic.gov.au/proceedings/cassimatis-civil-penalty-proceeding/

gg
 
Have a look at what happened at Equititrust... Former company Lawyer David Tucker and former CEO David Kennedy in all sorts of Sh#t...
 
Storm Financial

As I await the Thursday "Road Kill" aka "Mixed Grill" here at the Ross Island Hotel, my thoughts turn to Manny "Emanuel" "Emmanuel" Cassimatis and his lovely wife, the second one.

Where is ASIC up to with this obscenity of wealth loss for investors?

I haven't seen any mention of Manny in legal reports although having biblically many solicitors in my humble room here at the Ross Island Hotel.

This is an illustration of the major defect in our investing culture in Australia.

Spivs and the Rich hold sway.

The average guy gets rooted.

Stay away from financial advisers.

ASIC is a joke.

gg
 
I have heard on the Townsville grapevine that "Storm Financial" is about to start up again under another name.

It will spruik "safe" shares such as Banks and Listed EPF's.

Just thought I'd let y'all know that a market correction don't always start in New York.

Pray for the gulls.

gg
 
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