HMRC Victim-Blaming & Gaslighting of fraud victims must stop. Victim’s lawyer claims HMRC gaslighting of victims is causing great harm
30 July 2024

Please STOP gaslighting victims and end the culture of victim blaming claims Lawyer representing numerous pension and investment fraud victims. 

Vanessa Challess, a solicitor of 20 years standing, has pointed to a worrying series of press responses from the HMRC press office recently, which she described as causing “great distress” amongst victims. She describes her clients as being “gaslighted” and “triggered” by HMRC’s responses which she said are “misleading and distorting the narrative as well as deeply harmful”.


Introduction


Challess has spent a number of years supporting victims of fraud pro bono in their struggles to fend off tax bills levied by HMRC, listening to their evidence, seeing for herself what she describes as a “warehouse of black and white evidence of complex fraud”.

She said she has been repeatedly hit by the suffering caused by HMRC’s treatment of victims which she said is “compounding the impact of the crimes and blaming the victims”. Ms Challess represents a group of investment & pension fraud victims from all different walks of life including key workers as well as high profile sports professionals and reports that the frauds and financial misconduct that were perpetrated upon them were “deeply personal in nature, criminal certainly in many cases, long winded, well planned and complex”. She admits that the complexity seems to add to the challenges. HMRC are either “unable or unwilling to properly consider the evidence” she reported.

She expressed frustration and concern at HMRC’s press office, “consistently swinging back to the “if it’s too good to be true” story and castigating the victims as “tax avoiders” when she said they have in actual fact in many cases been classified as victims of crime by the police and “some are involved or have been involved in long and complex active police investigations”.

 

She urged caution saying “other than being really harmful to victims, this can also be damaging to these investigations”, with the added concern that it is “also going to put off victims from reporting”. “What is the point reporting crimes to the police if HMRC are publicly heaping all the blame on you?” She said. Challess gave evidence on behalf of her clients at the Investment Fraud APPG Inquiry into the tax treatment of investment & pension fraud victims, in November 2023 alongside extremely eminent senior parliamentarians and peers, sector experts and campaigners. She described how she listened to victim testimony and was “impacted and disheartened by the similarities in each case: “Regulated financial advisors cementing personal relationships with intended victims, monies moved, victims deriving no benefit, HMRC demanding tax on sums that victims had not personally received and stories of such intense personal misery that one has to remind oneself that we are talking about the conduct of a government body here”.


She said one story in particular was heartbreaking: “had the authorities taken down the fraudulent scheme in question when they should, one member of the group would not even have been in the room, it wouldn’t have happened to him some four years on.”

Challess commented on HMRC’s statements such as , “We do not tax scam victims on income they lost if the scheme they entered is allowed within tax legislation.....Customers should be very careful when considering entering any scheme as they are legally accountable for their tax affairs. If something sounds too good to be true it almost certainly is.” She added. “This is as good as a physical punch to the gut for my clients and all victims of fraud. Let us not forget that these victims were advised by FCA regulated individuals, which seems to be worth nothing. The victims feel they are being castigated by HMRC as tax avoiders and yet the government itself – former prime minister Gordon Brown no less in some of my clients’ cases – recommended certain schemes and actively encouraged their participation. Some of these victims are key workers- nurses and fireman. They take great offence, and rightly so, to being described as tax cheats. They are on our front line. Nobody knows better than them how desperately important it is that everybody pays their fair share towards our crumbling public services”.

 

She continued “As a woman, I do not draw this comparison lightly. This is HMRC taking a ‘short skirt position. This is victim blaming, gaslighting, reductive and single minded at best. It is an authority that appears to be actively working against victims, not going after the perpetrators (when it has extensive law enforcement powers gifted to it to do so) but the victims as “easy pickings”.

 She says “HMRC say they are simply following the law but it must remember it’s own charter and not risk victims’ lives. She urged the Treasury to intervene. “If HMRC genuinely feel that their hands are tied, then it is essential that the Treasury intervene and change this policy and practice as it’s simply immoral and causing deep distress and damage to victims of crime” she said.

Challess says she has worked pro bono representing victims affected by this issue for a number of years with a vast number of like- minded professionals, who are simply being ignored. She said, David v Goliath style, they have been fighting the vast publicly funded HMRC machine without financial resource simply because they believe that it is the right thing to do and in the national interest of this country.

 

She stated that victims are not only at a financial disadvantage, in some cases they cannot fully discuss their cases to the media, because of a risk of trial by media. She described a complete “inequality of arms” and said it is desperately important that HMRC change their approach because many of her victims are being pushed to the “brink of suicide” by these behaviours. She continued “as long as the system continues to focus all its efforts and resources on blaming and collecting from victims, the real tax cheats - the perpetrators of these crimes - are simply going to get away with it and do it again”



Call to Action


“Reform is long overdue and urgently needed”, said Challes. She urged the government to intervene and HMRC to change their approach. “Please understand that my motivation is simply to help better-protect the public from criminals and to ensure that investment fraud victims (who include my clients) are treated more appropriately and more fairly.” She said. “I am talking about victims who have already suffered life-changing financial losses and are in a state of emotional shock suffering a significant injustice at the hands of our state.” “It is time for fresh thinking and bold action to change the way Investment & Pension Fraud victims are treated” and to work constructively for better outcomes”

She concluded. Victims of crime should be supported to rebuild and recover - not blamed. Institutional change at policy level is desperately needed, she said. 

by Jasmine Hawkins 29 August 2024
The Pension Scam Crisis: A Scandal of Neglect and Regulatory Failure The United Kingdom is in the midst of a scandalous crisis that threatens the financial security of millions of its citizens. Pension scams, which have been steadily growing in sophistication and prevalence, now represent a multi-billion-pound problem. While fraudsters evolve their tactics to prey on the vulnerable, regulatory bodies have been alarmingly slow to respond. The result is a national disaster where millions have been targeted, with many losing their life savings. This article delves into the roots of this crisis, the scale of the problem, the abject failure of regulatory oversight, and the urgent need for comprehensive reform. The Alarming Growth of Pension Scams In recent years, pension scams have surged to unprecedented levels, spurred by changes in pension regulations and the growing complexity of the financial landscape. According to new research from LV= - a leading financial mutual serving over 1.3 million members with a range of financial products - approximately one in seven UK adults, or 7.3 million people, were targeted by pension scammers in the past year alone. These scams often begin with unsolicited calls, emails, or text messages - despite the fact that cold calling for pensions was made illegal in 2019. Yet, the regulators have done little to deter the fraudsters. These criminals exploit the greater flexibility introduced by pension rule changes over the past decade. While these changes were designed to give individuals more control over their retirement savings, they have also opened the door to a new breed of scammers, who lure victims with promises of high returns, low risk, and the opportunity to release pension funds early. The scale of the problem is staggering. From 2020 to 2023, pension and investment scams have cost victims more than £2.6 billion, with nearly 100,000 individuals affected. The average loss per victim is a devastating £26,773. The Sophistication of Modern Scams The evolution of these scams is both alarming and sophisticated. Over half of UK adults now believe that pension scams are becoming increasingly difficult to spot, with 77% stating that fraudsters are more sophisticated than ever. Scammers create convincing websites, use the names of legitimate companies, and even mimic the branding of reputable financial institutions to appear credible. This level of sophistication makes it challenging for even the most financially savvy individuals to differentiate between a legitimate offer and a scam. The rise of technology has also played a role in the increasing complexity of these scams. Phishing scams, trusted organisation scams, and refund scams are just a few of the tactics used by fraudsters to deceive their victims. In the past 12 months alone, 42% of UK adults reported receiving a phishing scam, 36% encountered a trusted organisation scam, and 24% were targeted by a refund scam. This research from pensions and retirement specialist LV= underscore the pervasive nature of the problem and the urgent need for more robust protective measures. Regulatory Bodies: A Failure to Act While the scale and sophistication of pension scams have grown, the response from regulatory bodies has been woefully inadequate. Agencies such as the Financial Conduct Authority (FCA) and The Pensions Regulator (TPR) are tasked with protecting the public from financial harm, yet their actions - or lack thereof - have allowed scammers to thrive. The FCA and TPR have issued countless warnings and guidelines, but these efforts have proven insufficient in curbing the epidemic of pension fraud. The fact that pension scams have continued unabated for over 14 years is a damning indictment of these regulators’ effectiveness. Their failure to take decisive action has created an environment in which scammers can operate with impunity, leaving millions of people at risk. One of the most scandalous aspects of this crisis is the sheer negligence displayed by these regulatory bodies. It’s scandalous that after 14 years of pension scams, no regulatory body is taking the necessary action to stop it. If the regulators did their jobs properly, this wouldn’t be happening. This is not just a failure of oversight but a betrayal of the public trust. The regulators have allowed the very people they are meant to protect to be preyed upon by criminals, resulting in life-altering financial losses for thousands of individuals. The Human Cost of Pension Scams Behind every statistic is a human story - a retiree or soon-to-be retiree who has worked hard, saved diligently, and trusted that their pension would provide them with financial security in their later years. These are not just numbers on a spreadsheet but real people whose lives have been shattered by the actions of scammers and the inaction of regulators. The financial losses are only part of the story. The emotional toll of being scammed out of one’s life savings can be immense. Victims often experience feelings of shame, embarrassment, and helplessness. For many, the loss of their pension means a dramatic change in their quality of life, forcing them to rely on state benefits or family members for support. The psychological impact of this betrayal can be long-lasting, affecting victims’ mental health and well-being. The Role of Small Pension Pots One of the factors contributing to the pension scam crisis is the proliferation of small pension pots. Around six million UK adults have multiple pension pots, which increases the complexity of managing their retirement savings. This fragmentation makes it easier for scammers to target individuals, as people with multiple pots are more likely to be confused about their pension arrangements and more vulnerable to fraudulent schemes. The complexity of managing multiple pension pots can also lead to poor decision-making. Many individuals are unsure of how to consolidate their pots or where to seek trustworthy advice. Scammers exploit this confusion by offering seemingly helpful services, such as “pension consolidation” or “early access” to funds, which are often fronts for fraudulent schemes. Inadequate Awareness and Reporting Another significant issue contributing to the pension scam crisis is the lack of awareness among the public about how to recognize and report scams. According to the research surveying 4,000 nationally representative UK adults, only 32% of UK adults know how to report a suspected scam. This figure rises to 55% for those who are clients of financial advisers, but it is still alarmingly low. The lack of knowledge about reporting procedures means that many scams go unreported, allowing fraudsters to continue their operations with little fear of being caught. For those who do report scams, the process of recovering lost funds can be arduous and time-consuming. While there is some protection for individuals who have dealt with FCA-regulated advisers or pension providers, the reality is that getting money back after a scam can take months or even years. In some cases, victims may never fully recover their losses, particularly if the scam involved an unregulated entity that has since disappeared. The Need for Comprehensive Reform The pension scam crisis is a wake-up call for the UK’s regulatory bodies and the government. The current system is failing to protect consumers, and without significant reforms, the situation will only worsen. The following are key areas where urgent action is needed: 1. **Stricter Enforcement:** Regulatory bodies must take a more aggressive stance against pension scammers. This includes shutting down fraudulent operations, prosecuting those responsible, and imposing harsh penalties on firms that engage in or facilitate scams. 2. **Improved Public Awareness:** There needs to be a nationwide campaign to educate the public about the dangers of pension scams and how to recognise and report them. This campaign should target vulnerable groups, such as retirees and those nearing retirement, who are most at risk. 3. **Consolidation of Pension Pots:** The government should explore ways to simplify the management of pension pots, making it easier for individuals to consolidate their savings and reducing the opportunities for scammers to exploit confusion. 4. **Support for Victims:** Victims of pension scams need better support from regulatory bodies and the financial services industry. This includes faster resolution of claims, easier access to compensation, and comprehensive emotional support to help victims cope with the aftermath of a scam. 5. **Accountability for Regulators:** There should be a thorough investigation into the failures of the FCA and TPR to prevent the pension scam crisis. These bodies must be held accountable for their inaction, and measures must be put in place to ensure that such failures do not happen again. A Scandal That Cannot Be Ignored The pension scam crisis is more than just a financial issue; it is a national scandal that has destroyed the lives of countless individuals and exposed the deep flaws in the UK’s regulatory system. The fact that this crisis has been allowed to continue for over 14 years, with little meaningful action from the regulators, is nothing short of disgraceful. It is a damning indictment of a system that prioritizes bureaucracy over the protection of the public. The time for excuses is over. The government, regulatory bodies, and the financial services industry must come together to address this crisis with the urgency and seriousness it demands. Millions of people’s financial futures are at stake, and the trust in the UK’s pension system hangs in the balance. If the regulators had done their jobs properly, this crisis could have been averted. Now, they must act decisively to end the epidemic of pension scams and restore the public’s faith in the system. The scandal cannot be ignored any longer - it’s time for action.
by Carly Barnes 1 August 2024
Breaking News: Letter to HM Treasury on Behalf of Historic Victims Calls for Urgent Suspension of Enforcement Carly Barnes-Short and Margaret Snowdon OBE have teamed together to send a letter to James Murray MP, the newly appointed Exchequer Secretary to the Treasury, requesting a crucial meeting. Their appeal centres on the urgent need to suspend HMRC's actions against historic victims of fraud and financial misconduct. This plea has garnered further support from multiple MPs and Tiger Law, a prominent law firm representing numerous affected individuals. The collective call emphasises the necessity for a suspension of enforcement, an independent inquiry, and the introduction of new laws and policies to address significant gaps in HMRC practices. The Appeal for Justice The appeal to the Treasury represents a beacon of hope for historic victims who have been ensnared in a protracted struggle for over a decade. The victims' ordeal involves not only the initial trauma of financial loss but also further distress caused by tax liabilities and HMRC's enforcement actions. These actions exacerbate the victim’s suffering and highlight critical gaps in current policies that fail to safeguard those who have already endured significant harm and financial misconduct. By urging the new Government to adopt a fair and empathetic approach, Barnes-Short and Snowdon aim to secure a resolution that acknowledges the profound and lasting impact of these experiences. The Trauma and Harm Experienced by Victims Due to HMRC Actions Victims of fraud and financial misconduct endure a multifaceted array of harms, many of which are directly exacerbated by HMRC's current enforcement practices: Emotional Distress : HMRC's pursuit of victims, despite their already precarious situation, leads to significant emotional turmoil. Victims have reported being hospitalised, feeling suicidal and significant emotional distress as they grapple with ongoing threats to their financial stability. Psychological Impact : The continuous pressure from HMRC enforcement can precipitate severe anxiety and depression. Victims may struggle with sleep disturbances, loss of appetite, and an overwhelming sense of hopelessness, knowing that their plight is being overlooked. Financial Instability : Beyond the initial loss of funds due to fraud and financial misconduct, HMRC's actions often result in further financial instability. This includes mounting debts from tax demands, loss of savings, and an inability to meet basic needs, further compounding their distress. Many victims have reported that they are at risk of losing their homes and bankruptcy because of this situation. Legal and Administrative Burden : Engaging in prolonged legal battles and dealing with HMRC enforcement actions adds another layer of stress. The complexity and duration of these processes can leave victims feeling overwhelmed and exhausted, often without adequate support or guidance. Many victims have been battling this issue with HMRC and in a state of perpetual stress for over a decade. Call for Legislative and Policy Reforms in HMRC Practices The letter to James Murray MP is not just a plea for immediate relief but a call for systemic change within HMRC's approach to dealing with fraud victims. The advocates are pushing for: Suspension of Enforcement : Halting HMRC actions against victims to prevent further exacerbation of their distress and allowing time to review and reform current policies and consider a fairer resolution Independent Inquiry : Establishing a thorough and impartial investigation into HMRC's historic handling of fraud cases and the treatment of victims, ensuring accountability and transparency. New Legislation and Policies : Developing laws that mandate exemptions and safeguarding measures for fraud victims. This includes creating specific provisions that protect victims from aggressive tax collection practices and ensuring they receive the support they need. Support from MPs and Public Advocacy The support from various MPs is a crucial element of this initiative. Constituent MPs are expected to table Parliamentary questions, thereby keeping the issue at the forefront of political discourse. Public advocacy is also vital. Victims are encouraged to email their MPs, urging them to write to Treasury Ministers in support of the victims. The Path Forward  The advocacy spearheaded by Barnes-Short, Snowdon, and Tiger Law underscores a critical need for empathy and justice in addressing the plight of fraud victims. Their efforts seek to transform HMRC's approach to ensure that historic victims receive the recognition and relief they desperately need. The call to action is clear: every individual can contribute by contacting their MP and amplifying the collective voice demanding justice. This united effort can pave the way for a more compassionate and fair approach from HMRC, offering hope and healing to those who have suffered for far too long.