2009-12-03
Aspis Liv cannot be saved
PRESS RELEASE
FI concludes that Aspis Liv's policyholders should seek insurance cover with other insurance companies. Intense efforts to regain control of Aspis Liv's assets have revealed that Aspis Liv's management as early as 4 May 2009 transferred the majority of its funds to a third party. FI received this information late last night. The Swiss supervisory authority, FINMA, has cooperated with FI and instructed Credit Suisse to ensure that the account remains frozen. FI has turned the case over to the Swedish Economic Crime Authority. It may take a very long time to regain control of Aspis Liv's assets, if that is even possible.
On 26 November, 2009, FI decided that Aspis Liv's concession had been forfeited. FI took control of the company at that time. FI engaged the services of lawyers Peter Morawetz and Robert Wikholm at Vinge Law Firm for the management assignment. Prior to this, FI had ordered Aspis Liv on 9 November to submit a financial recovery plan to demonstrate that it had regained control of its assets, and in a decision announced 12 November FI removed Aspis Liv's right to control its assets and to enter into new insurance agreements.
The decision was based on a number of shortcomings within the company, of which the most serious is that the company had lost control of the majority of its assets.
On 24 April 2009, Aspis Liv transferred SEK 329 million to an account at the Swiss bank Credit Suisse. This is perfectly legal. Aspis Liv attempted to transfer the money back to Sweden in October and November. FI received a document from Credit Suisse on 9 November 2009 confirming that the money belonged to Aspis Liv and that the entire amount would be transferred back to Sweden on 25 November 2009. At the same time, the bank confirmed that only Aspis Liv's Managing Director Jan Paju could order any changes to be made to the account. However, no such transfer had been carried out despite Jan Paju’s claim that he ordered it.
Instead, it became known on 25 November that the funds were pledged by Jan Paju in a deed of pledge, and that a third party, Hestiun Europe Ltd, possibly had the right to control the money. According to Jan Paju, his signature on the deed of pledge is a forgery. FI declared on 26 November that Aspis Liv's concessions had been forfeited and immediately took control of the company.
The asset managers, in consultation with FI, have worked intensely to restore the company’s assets since 26 November. Simultaneously, negotiations have taken place in order to hand over the portfolio of Aspis Liv to another insurance company. Potential insurers have shown great interest, but for a legal transfer of the portfolio to take place Aspis Liv first needs to regain control of its assets.
FI and the asset managers have worked under the conclusion that this money would be restored to Aspis Liv’s control within a couple of days, based on the document containing the promise of transferral from Credit Suisse on 25 November 2009. This work has been very intense and involved visits to Switzerland, contacts with the Swiss supervisory authority FINMA, Credit Suisse and Hestiun Europe Ltd.
Last night, 2 December, the asset managers announced after yet another full day's investigation at Credit Suisse that the money was transferred from Aspis Liv’s account to the account of another party as early as 4 May of this year – an account not controlled by the company. The transfer had been ordered through a document bearing Jan Pajus’s signature.
Credit Suisse was aware of the information about the accounts and the deed of pledge the entire time. Despite this, the bank issued the document stating that a transfer to Sweden would take place on 25 November and also participated in the negotiations over the weekend that led to an agreement that Aspis Liv would regain control of its money within a couple of days. In spite of the agreement no money has arrived.
As the assets are still missing, none of the several companies that the asset managers have negotiated with is interested in a legal transfer of the portfolio. FI has turned the case over to the Swedish Economic Crime Authority.
The asset managers have taken charge of the day-to-day operations.
FI and the asset managers are now recommending all policyholders to seek insurance cover with other insurance companies.
