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Calls to secure passport of Storm Financial's Emmanuel Cassimatis
"As creditors of Storm Financial count the cost, founder Emmanuel Cassimatis is facing calls to surrender his passport to prevent him fleeing overseas.
Devastated former clients, mostly retirees and many who have lost their homes and entire life savings in the $100 million collapse of the Queensland-based business, also want him banned from obtaining a new financial licence."
"His private jet has been seized by liquidators and he says he has only "modest means", despite paying himself a $2 million dividend shortly before the collapse."
Peter Michael's story is here;
http://www.news.com.au/couriermail/story/0,23739,24980495-3122,00.html
The loan contract setting out the terms and conditions of the loan was signed by us but not the 7 page income/debt data collection form.
As a former Storm client i dont remember actually providing any evidence of my wages or extra income. We provided a bank statement to prove we had an iniatial investment amount (proceeds of a house sale) and gave verbals of wages. After the initial paperwork any additional steps (storm speak for extra investment via margin loans) were in the form of several one page forms for us to sign plus a bigger statement to initial that outlined the process. However after having recently borrowed money for both house and car loans the paperwork we received to borrow margin loans required only one signature whereas the home and car required multiple. It does seem very possible to me that the loan documents might be fishy and if thats the case both storm and the banks have to be held responsible for potentially shoddy loan approvals. However i still maintain that individual investors are responsible for there own losses. People who are scratching their heads wondering how they ended up with so much negative equity need to take responsibility for their own finances. I would check the value of our storm badged challenger investments several times a week against the value of our margin loans. Once the difference between the two got close to the level where we would start to have less left over than our initial investment amount we decided to get out. I should also mention that a year peviously we wished to cash out once we had more than doubled our initial investmant amount but were very firmly discouraged not to. You would go into your meeting with a stratrgy in mind and they would talk you out of it. If people paid attention to their investments which you are an idiot if you dont do even if only in a casual fashion then there is lees chance they would be in this predicament We set our selves a limit of what we were prepared to lose and that was out initial investment amount it turns out we ended up with about 10% more in the end. It is a tragedy for everone involved but it seems to from reading the papers and the internet that very few people involved be it clients, FA's, banks ot the Cassimatis's are willing to take responsibility. I freely admit that i loved the tax perks involved in having big tax deuctions for my investment loans and so would every other storm client. Life is not easy and no-one gives you anything for free but ultimately the buck stops with us for our individual choices
Stung, it's pretty impressive that you haven't lost your sense of humour!Gee suing me would be a worthwhile exercise!
So what sort of charges can be laid by the FPA against Storm? Do they actually have any teeth? What can they do other than expel Storm from their esteemed membership?"FPA found basis for charges against Storm Financial"
"The Financial Planning Association’s (FPA) investigation into Storm Financial provided it with a basis to lay charges against the collapsed financial planning group, but the details of the group’s breaches of professional conduct will not emerge in this particular forum as the group’s membership to the industry body has been terminated.
From: Fairfax Business Day
http://www.businessday.com.au/business/the-cassimatis-crusade-20090130-7tvs.html
The Cassimatis crusade
Storm Financial co-founders Emmanuel and Julie Cassimatis are on a crusade to find justice for their clients, according to a media release from the husband and wife.............................
He points to an injunction hearing on 24th December 2008, where Justice Greenwood said: "I am satisfied that solely for interlocutory purposes, Storm has demonstrated a sufficient likelihood of success in terms of Australian Broadcasting Corporation v O'Neill demonstrating that the statement as to sole management of the margin loan accounts and instructions allegedly given in the meeting on 4 December 2008 are capable of being misleading or deceptive or likely to mislead or deceive......''.
So what sort of charges can be laid by the FPA against Storm? Do they actually have any teeth? What can they do other than expel Storm from their esteemed membership?
Isn't it up to either the police or ASIC to lay any formal charges?
It may be worth summarising some lessons from this debacle.
1. don't trust financial advisers/financial houses/lawyers.
2. don't trust banks
3. do your own research
4. don't put your house up as collateral for a margin loan.
5. if you don't know anything about investing don't invest.
6. don't trust anybody.
7. don't believe people based on emotion, gut feeling.
8. avoid cults
9. read all posts on aussiestockforums and then read again before investing.
10. those who have been ripped off are also likely to be further ripped off by some of those offering to help. (go to 1. and keep on repeating.)
gg
From: Fairfax Business Day
http://www.businessday.com.au/business/the-cassimatis-crusade-20090130-7tvs.html
The Cassimatis crusade
Storm Financial co-founders Emmanuel and Julie Cassimatis are on a crusade to find justice for their clients, according to a media release from the husband and wife.
Here is the full text of the media release, which was sent out today:
MEDIA RELEASE
30 January 2009
Emmanuel and Julie Cassimatis, founders of Storm Financial, today refuted "ridiculous'' claims that their passports should be surrendered and that their private jet had been seized by liquidators.
"I have said over and over again that my crusade is now to find justice for these clients, and I will continue that crusade until my dying breath,'' said Emmanuel Cassimatis. "We're not going anywhere.''
Julie Cassimatis also answered allegations that liquidators had seized Cassimatis assets. "That's simply not true,'' she said. "As of right now there are no liquidators involved in the situation. We have voluntarily put the plane on the market for sale - that was our decision and our action.''
The couple are calling on the Federal government and ASIC to rein in what they see as irresponsible action by the Commonwealth Bank of Australia, who they say sold Storm clients out of assets without consultation and then blamed Storm.
The bank said they were acting under instruction from Storm, and also claimed that Storm had 'sole responsibility' for the margin loans in question, both of which Emmanual Cassimatis says are blatantly untrue. He points to an injunction hearing on 24th December 2008, where Justice Greenwood said: "I am satisfied that solely for interlocutory purposes, Storm has demonstrated a sufficient likelihood of success in terms of Australian Broadcasting Corporation v O'Neill demonstrating that the statement as to sole management of the margin loan accounts and instructions allegedly given in the meeting on 4 December 2008 are capable of being misleading or deceptive or likely to mislead or deceive......''.
"The banks have been handed all this money, this lifeline, by the Government, and they're not passing it on to customers,'' said Mr Cassimatis. "They are happy to take the profits in good times and the government assistance in bad times, but when their customers - some of them very loyal customers of nearly 20 years - need them, where are they?''
"This could all have been avoided by the bank working with us. Instead they panicked and now the results are catastrophic. I am absolutely shattered. All I care about now is finding justice for these clients.''
I have been with my advisor for over 18yrs. She had changed from MLC to Ozdaq securities and then Storm until she retired. . .
I was told in a room of 300 odd people in Mackay in Nov by EC that if Storm went under we would not loose our shares. We still owned the units in various shares. I had a large amount that were not Storm Badged shares also from 18yrs of investing/saving. My issue is I had the capacity to meet margin call if one was ever made??? But all shares were sold by Colonial without notifying me. They claim they notified Storm??? Storm claim from Oct on that I had not reached margin call yet. Colonial state I had been in MC since 10/10. If I had known and offered the extra security I would still have lost as they closed down the Storm Badged funds and looking like doing same with Challenger at the worst time.
Seems your story is a bit different to others, regrettable nonetheless.
Did/Do you have documentation from Storm called a "Statement of Advice"?
Did you have the capacity to check the details of your investment online?
(PLEASE someone answer this, it is fundamental to the whole issue IMO).
I have a Financial plan with Ozdac securities dated 11/12/2000. Then reconciliation letter dated 12 Feb. 2001. After that a quarterly reveiw report dated 3rd Oct. 2001. From 2004 was the next time I took a "next step" and Ozdaq was now called "Storm" They call them "statement of addititional advice". I did not apply to check my investment online. I would think Challenger and Storm badged would have had that facility. Bulk of my other shares were MLC. No online facility set up there either. ###@@@@
Thankyou for answering those questions to the best of your knowledge.
It would seem from your answer that Storm probably followed the letter of the FPA guidelines, but if it is true you were not notified about your margin situation by Storm, that would be incredibly lax of them.
Surely I would expect an official email from my margin manager, advising immediate action by me needed, as margin "buffer" is entered.
They automatically sell within 24 hrs if you enter the buffer itself, but dont cough up. (Commsec)
I have absolutely no doubt, that Storm principles,and many of their advisors, were pathetically inept if they did not advise clients to at least monitor the situation daily, with regard to margin....their houses were on the lineits morally criminal.
I can understand many older clients in particular, would not elect to register and monitor their "managed" investments online, its a drag
At the end of the day the client must make the decisions, but needs decent advice in order to do that.
I guess many people were caught in a paralysis, clients, advisors, others, this market situation, whilst being statistically predictable, only happens a few times each century.
Business disasters around xmas are fraught as well.
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