News
Print Article

Could Jersey rent scams be stopped [or at least reduced] by the JFSC?

01/08/2022

The Jersey Police have reported that people have been conned out of a large amount of money when trying to rent a home from online listings. [see the full story below].

In reading this sad story, I wish to point out
  1. Any Jersey businesses that administer, manage money or take deposits from the public must be registered [as a supervised person] with the JFSC
  2. However, this registration is not public.
  3. Therefore there is no way to CHECK on who you are passing your hard-earned money to see if they are fit and proper [not crooks] with adequate systems and controls.
What are the rules?
  1. Under Jersey's PROCEEDS OF CRIME (JERSEY) LAW 1999*[THE LAW], any business [e.g. property agents] must register with the JFSC if:-
    • Who administer or manage funds [money] and/or accepts ANY FORM of deposit or other repayable funds from any third party
    • Accepts payment in cash of €15,000 [£12.5k] or more for one or more transactions from the same customer is caught by the law and must also register with the JFSC
  2. To be registered/licenced [as a JFSC AML supervised person], firms must
    • Prove they have adequate systems, control, policies and procedures.
    • Must have compliance officers [MLROs] and reporting officers [MLROs]
  3. And in being a supervised person, the JFSC can visit them
  4. And not being registered and approved the business is committing a criminal offence
The problem
  1. However, this registration is not public. Therefore there is no way to CHECK on who you are passing your hard-earned money to see if they are fit and proper with adequate systems and controls.
My question and solution
  1. The question is, should there be a public register of all supervised persons [I say yes]
  2. If all supervised people were all on a public "register", people could check the regulatory status of someone asking for their hard-earned money
  3. My idea will not stop overseas scammers, but if local people can deal with legitimate Jersey businesses, which they can check on, everyone is a winner [apart from the scammers]
Who can fix this
  1. Jersey government and the JFSC?
Supporting info below

*PROCEEDS OF CRIME (JERSEY) LAW 1999

SCHEDULE 2

(Article 36(1) and (2))

FINANCIAL SERVICES BUSINESS

SCHEDULE 2

PART B

OTHER BUSINESS

4 High-value dealers:

7        Other services

(1)     The business of providing any of the following services to third parties, where the business is not otherwise included in this Schedule –

(a)     Acceptance of deposits and other repayable funds from the public;

(n)    Otherwise investing, administering or managing funds or money on behalf of third parties.

https://www.jerseylaw.je/laws/current/Pages/08.780.aspx#_Toc106888568

Full story:-
  • The Jersey Police have reported that people have been conned out of money when trying to rent a home from online listings. The force have dealt with more than 20 cases in the last two years, with more than £22,500 known to have been lost.
  • Scammers have been stealing people's online identities to falsely advertise properties. David Turnbull, inspector of community policing, said:
  • "The scammer will contact them, say they've got a lot of people looking at this property, you're going to have to act very quickly and I think you need to leave a deposit so you don't miss out.
  • "Normally around a couple of hundred pounds and we've seen some in excess of a thousand pounds."
Source

End

JERSEY

The Team

Meet the team of industry experts behind Comsure

Find out more

Latest News

Keep up to date with the very latest news from Comsure

Find out more

Gallery

View our latest imagery from our news and work

Find out more

Contact

Think we can help you and your business? Chat to us today

Get In Touch

News Disclaimer

As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.