Monday, October 17, 2011

Superannuation and Investment Fraud

The rise of fraud perpetrated against Australian residents in the superannuation and investment area is increasing at an alarming rate.

The “Opportunities” have always existed, but a combination of the current economic climate together with the sophistication of the technology utilised has resulted in the level of fraud increasing significantly.

What are the drivers?

  • The first of the baby boomers turned 65 this year, - i.e. are transitioning from the super accumulation phase to the super de-accumulation (or moving into retirement) phase +
  • Value of super nest egg has fluctuated wildly over the last few years +
  • People taking increased risks to recover losses and increase returns into super +
  • Value of superannuation in Australia isapproximately $1.23 trillion as at 30 June 2010 (APRA statistics) +
  • First time in super’s 20 year life that Self-Managed Super Funds (SMSF’s) hold the largest proportion, i.e. 1/3 of the total Australian superfund pool
          = Increased focus on superannuation and the opportunities for fraud to be committed.

How bad is it?

  • In the last six months, approximately $30 millionhas disappeared as a result of fraud both nationally and internationally, $10 million of this has been lost to fraudster’s posing as financial advisors.
  • Even more has been lost to unlicensed overseas “investment” organisations or better known in the industry as “Boiler Room Frauds”
  • In Australia –since 2008,based on research undertaken by one of the state authorities;
  • 4,500 individual transactions were tracked out of Australia –representing approximately 2,500 victims and resulted in $82 million being lost.
  • The Australian Securities and Investments Commission (ASIC) estimated in a report in 2002 that the total cost to Australia was$400 million.

These organisations appear very professional:  This is how it works:

  • Initial approach generally by phone and then via phone/email.  Individual with American or British accent says he has your name from surveys you completed and he is from a major international brokerage company.
  • Professional manner, and approach,
  • Directs you to the company’s website, - portrays a very professional image,
  • Directs you to Government regulatory web site to add further credibility,
  • Google searches undertaken appear to confirm the company’s legitimacy, i.e. identifies media releases and other information promoting the company,
  • Person establishes an account with the company,
  • You invest money in what the representative has you believe is a “proper”, “legal”and “appropriate manner to invest superannuation funds”.

The “Opportunities”:

  • Gold options,
  • Overseas shares,
  • Carbon credits
  • Continual demands for ongoing payments e.g. to meet taxes, fees etc.,
  • After 2 to 4 months, you lose contact with company, website and all information about the company disappears.

How serious is this:

Research provided by one of the state authorities has identified the following:
  • There are around 1 to 2 new boiler room corporations daily,
  • Each room always has 2 or more associated bank accounts,
  • Each bank account has between 30-50 outgoing payments,
  • Each day between 30-50 new victims of boiler room frauds are identified within Australia.

Who are the primary victims:

  • Well educated elderly persons,
  • Small business owners,
  • Persons either on or seeking self-funded retiree status.

Conclusion:

Don’t end up becoming a statistic – When approached about an opportunity to invest or access your superannuation:

ALWAYS:
  • Get independent expert advice - talk to your accountant, solicitor or afinancial advisor FIRST!
Remain vigilant and remember, if it sounds too good to be true, it probably isn’t!


Steven D Ponsonby is a Chartered Accountant CA, a Certified Fraud Examiner CFE and Insolvency Practitioner IP and is the founding Director of Forensic Accounting QLD, a specialist Forensic Accounting practice based in Queensland and can be contacted via www.faqld.com.au