Date of publication: 2017-08-26 12:07
Banning cold calling in relation to pensions is an effective way of enabling enforcement action against the perpetrators of pension scams. This is because it is simpler for an enforcement body to show that an individual has been cold called, than to prove that the firm involved has engaged in a fraudulent activity. This would require thorough investigation into the investments being offered, and the details of their business model.
Project Bloom has been acting to raise awareness of pension scams, in particular through TPR ’s “Scorpion” , and the Financial Conduct Authority’s “Scam smart” campaigns. However, it has become increasingly clear that more direct intervention is necessary to curb the threat of pension scams in the UK:
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However, there appear to be few legitimate circumstances in which a dormant company might wish to register a new pension scheme. It is difficult to envisage a scenario where that company carries out no trading activity, yet still wishes to open a new pension scheme for legitimate purposes. The government therefore proposes to change the law to require all new pension scheme registrations to be made through an active company.
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The government previously considered pension scams to be broadly “attempts to release funds from HMRC registered pension schemes in an unauthorised way”. However, in light of the pension freedoms, the government believes that fraudsters’ focus may shift to a wider category of activities, through which to perpetuate scams involving pension savings. Project Bloom has therefore developed a definition that focuses on a wider set of activity that it believes should be considered as pension scams, namely:
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