The Financial Markets Authority (FMA), the New Zealand financial market regulator, has issued a permanent order to cease further operations of Validus and all associated companies and individuals. The decision was first made in February 2023 and upheld after the High Court rejected an appeal made by the company's representatives.
According to the FMA, Validus has offered clients extremely high return rates on investments and loyalty rewards, reaching 350% over 60 weeks. The company allegedly made investments in the forex (FX), crypto, and stock markets.
FMA Blocks Validus Financial Products
The FMA blocked Validus from further offering financial products, distributing related materials, and accepting applications and funds from potential clients. The entire case began in November 2022 with a seminar during which Validus promoted its 'educational packages' named Validus Pool.
After issuing a preliminary order to cease operations, Validus sent a letter to the FMA stating that the offer of Validus Pool Products had been suspended. The company admitted that private individuals should not invest in the offered instruments, as a guaranteed profit is not achievable.
The FMA used this position as confirmation that the information presented to seminar participants was false and could mislead them.
"Seminar attendees were induced to purchase, purchased or intend to purchase, educational packages in reliance on false or misleading representations. They will not receive the promoted 2-3% return on their money, or be able to withdraw that money. They are likely to suffer material financial harm," Paul Gregory, the Executive Director of Response and Enforcement at the FMA, said.
During the November event, Suai Tito, a key speaker, claimed that individuals who purchased educational packages could expect a return of 2-3% per week and even 350% after 60 weeks. He assured that the funds were invested by a team of experts in the gaming market, cryptocurrencies, Forex, stocks, etc.
"Validus has made false or misleading representations to the public that had every appearance of an unregulated offer of financial products. The FMA considers a stop order is the most appropriate and effective response in the circumstances," Gregory added.
As mentioned at the beginning, Validus has responded to the decision made earlier in the year. The appeal to the High Court took place in June, but the court issued an official decision this week and decided to reject the appeal.
The Number of Investment Scams Increases in New Zealand
Six months ago, the FMA reported that the number of crimes and investment frauds had increased last year by 17%. The regulator identified 111 cases during this period in all categories, representing an increase of 17% compared to 95 cases in 2021.
The FMA stated that fraud cases included 105 suspected dishonest programs, 48 unregistered companies, and one fake regulator (posing as the FMA). In 2021, these figures were, respectively 89, 24, and two cases.
The New Zealand regulator actively operates in the market, identifying suspicious investment entities. Finance Magnatesreported Yesterday (Tuesday) that the FMA issued a warning about Stake Funds and Capital Gold Investment activities. Stake Funds is an investment company that operates without proper registration. Capital Gold Investment is another company that came under scrutiny due to false claims of being a registered New Zealand company.
At the end of June, the regulator closed one of the more high-profile cases in recent years concerning alleged violations of the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act by Tiger Brokers. In connection with violations from three to four years ago, the broker had to pay a fine of $900,000.