The UK's Financial Conduct Authority (FCA ) has taken decisive action against three former executives of SVS Securities Plc, a discretionary fund manager, for their roles in alleged mismanaging customer pension funds. The regulatory body has imposed fines totaling over £350,000 and issued bans from financial services for the individuals involved.

FCA Sanctions Former SVS Securities Executives for Pension Fund Mismanagement

Kulvir Virk, the former CEO and majority shareholder of SVS, has been fined £215,500 and permanently banned from working in financial services. The FCA found that Virk implemented a complex business model designed to funnel customer funds into high-risk illiquid bonds, many of which were operated by SVS directors and Virk's close associates.

Demetrios Hadjigeorgiou, who served as the Finance Director and later CEO, and David Stephen, the former Head of Compliance , have been fined £84,600 and £52,100 respectively. Both face bans from holding senior management roles in financial services. The FCA determined that Hadjigeorgiou failed to manage conflicts of interest and ensure proper due diligence, while Stephen neglected his responsibilities to ensure SVS followed regulatory rules.

"These three individuals and SVS were a central part of a tangled web which concealed the fact that customers' pension money was being invested into high-risk bonds,” Therese Chambers, Joint Executive Director of Enforcement and Market Oversight at the FCA, stated.

The FCA's investigation revealed that 879 customers invested a total of £69.1 million through SVS. The high-risk bonds into which these funds were placed have since defaulted, leaving customers unlikely to recover more than a fraction of their investments.

“Customers were entitled to trust that SVS would act in their best interests, but it repeatedly prioritized income for itself and its associates,” Chambers added.

The SVS Securities saga began nearly five years ago, in August 2019, when the company entered administration and halted all operations. In March of the previous year, the company officially moved from special administration to dissolution.

The conclusion of SVS's administration was initially expected in early 2022. However, this timeline was postponed when special administrators received a court order earlier this month to end their oversight. Furthermore, the administrators have sought to cancel SVS's registration with the FCA.

Potential Conflicts of Interest

According to the FCA's findings, SVS's business practices raised concerns about potential conflicts of interest. The regulator alleges that the firm's model included commission structures that were not fully disclosed to clients. The FCA also expressed concerns about the firm's valuation practices when customers disinvested from certain assets. These practices, as described by the regulator, allegedly resulted in significant revenue for SVS (£359,800), which the FCA suggests may have come at the expense of client interests.

The FCA's decision underscores the regulator's commitment to protecting consumers and maintaining the integrity of the UK's financial services sector. Chambers emphasized the far-reaching consequences of such misconduct, stating, "The actions of those in charge threatened the ability of their customers to enjoy a secure and comfortable retirement. This kind of behavior has life-changing consequences for consumers."

It's worth noting that while Kulvir Virk's penalties are final, Hadjigeorgiou and Stephen have referred their Decision Notices to the Upper Tribunal, where they will present their cases. As such, the findings against these two individuals remain provisional pending the Tribunal's decision.