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BOV getting back at me, says critic

Stockbroker threatens legal action against BOV

Paul Bonello. Photo: Matthew Mirabelli

Paul Bonello. Photo: Matthew Mirabelli

Bank of Valletta has told one of its leading critics that it is cancelling credit cards belonging to him and his wife, without giving them an explanation.

The bank informed stockbroker Paul Bonello of the decision in letters dated April 25 and April 30.

In the letters, seen by The Times, Mr Bonello is told that bank cards and services belonging to him personally, as well financial instruments held by the investment consultancy group he manages, are to be terminated on July 1 in accordance with the terms of the business agreement between the group and the bank.

Mr Bonello had brought to light irregularities and spearheaded efforts to hold Bank of Valletta accountable in the La Valette Property Fund debacle. The fund went bust in 2008, after it had invested in high-risk sub-funds, leaving several inexperienced investors out of pocket.

Last year, the bank and one of its subsidiaries were fined nearly €350,000 for regulatory breaches related to the fund.

Then, an investigation published on June 4 ordered the bank to compensate inexperienced investors and to pay an additional €200,000 fine.

The bank would have been informed of this decision about a month earlier under Malta Financial Services Authority regulations that require the authority to give financial institutions 30 days’ notice of any fines or regulatory action they are set to receive.

Mr Bonello suspects Bank of Valletta is now paying him back for his lead role in calling for investigations into the tainted fund.

“This is a blatant, knee-jerk reaction to the MFSA’s most recent investigation of Bank of Valletta, and there’s a clear retributive streak directed at me,” Mr Bonello has said.

He insisted he had nothing to hide, saying he was willing to waive any confidentiality clauses in BOV’s regard to allow the bank to publicly explain its decision.

But his offer made little difference to the bank, which declined to answer questions put to it by The Times. A spokesman said: “In keeping with the normal obligations and standards of professional secrecy, the bank cannot discuss any such matters”.

The spokesman added: “Professional secrecy is a crucial aspect in any banker-customer relationship, with trust and mutual respect being key elements for such a relationship to exist”.

They, however, insisted that the bank was neither confirming nor denying questions about the reasons behind their decision to terminate Mr Bonello’s accounts.

Outraged, Mr Bonello has written to the Prime Minister, demanding that the government, as the bank’s largest shareholder, provide “legally valid, objective reasons” for his account cancellations from the bank’s board of directors.

His request has been rebuffed by the Prime Minister’s Office, with a spokesman telling The Times Mr Bonello was barking up the wrong tree.

“If Mr Bonello feels aggrieved, the Prime Minister is not the competent authority where he should seek redress. He may do so with the regulatory authority [MFSA] or take other legal action.”

The spokesman added that the government “does not have the right to intervene in decisions taken by the board or bank’s management”.

Seventy-five per cent of Bank of Valletta is privately owned, with the government’s 25 per cent stake making it the largest single shareholder.

Malta Financial Services Authority chairman Joseph Bannister told The Times that the MFSA had informed Mr Bonello it could only investigate his complaint once he had filed a formal complaint with Bank of Valletta.

Prof Bannister declined to enter into the specifics of the case, saying the MFSA did not comment on the relationships between financial institutions and their clients.

Mr Bonello remained unconvinced by the MFSA’s arguments.

He accused the regulator of “acting like the three wise monkeys, trying to avoid any investigation unless it has to”.

Bank of Valletta’s actions were anti-democratic as well as an abuse of its dominant market position, Mr Bonello insisted, as he called on the regulator to investigate the matter of its own accord.

Mr Bonello was similarly unimpressed by the government’s response to his plea for intervention.

As the bank’s single largest shareholder, the government could “take the appropriate action at any time by a simple letter,” Mr Bonello argued.

He drew parallels with a 1977 incident in which he was involved, when Bank of Valletta and Mid-Med Bank management had called in employees’ home loans “in retribution for the partial industrial action we were taking”.

“I wanted to believe that Malta had matured in political stature and democratic credentials... but it appears such measures are being revived... in the new millennium,” Mr Bonello wrote in a letter to Dr Gonzi.

An aggrieved Mr Bonello has said that he will take legal action unless the bank reverses its decision by July 1.

“This sort of thing is unacceptable in a democratic society... but it’s not going to distract me from my work advising my clients.

“And I’m determined not to let this incident detract from my objectivity when dealing with Bank of Valletta issues.”

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Peter Murray

Jun 25th 2012, 21:12

And a customer,especially a longstanding ,existing customer, has every right to expect a reason why the bank no longer wishes to do business with said customer surely ?

M Sciberras

Jun 26th 2012, 08:01

The bank does NOT have this right, contrary to what you say. If it did, it is very easy to envisage a case where a person is excluded from buying services required to conduct business by the collusion of common interests, particularly in a small society.

ANTHONY PAVIA

Jun 26th 2012, 08:17

No they do not, unless they can present and substantiate valid reasons. Shareholders might consider the directors (if in the know) and certainly management's action as negligent and non conducive to good and proper banking practice.

Vindictiveness, if practised, should be kept on the private level, but not extended to good banking business.

Joseph John Camilleri

Jun 25th 2012, 16:20

Is this a sick joke? What have politics got to do with this issue. It could have been another party in office and the same thing could have happened. Would you comment on the same lines?

Peter Murray

Jun 25th 2012, 16:31

Problem is you will merely go from the frying pan into the fire as they are all much of a bad muchness and all adopt and cultivate the take it or leave principle ,and all may legally(not morally or ethically though) act as the BoV have done and that is what wants addressing......protection for existing clients!

CHARLES MIFSUD

Jun 25th 2012, 14:31

Dear Mr. Bonello,

If BOV is such a bad bank as you describe it why do even want to have anything to do with them? I personally had a problem with another big local bank and I did close all my accounts with them and I am not even interested in doing any business with them.

CHARLES MIFSUD

Jun 25th 2012, 14:34

Just to be clear, I do not think that BOV are doing the right thing here and this is just stupid and childish from their side. And yes I would formally file a complaint with the MFSA.

Mr Andrew Camilleri

Jun 25th 2012, 14:59

I have been saying for some time that we are back to the eightuies - except that this government is a bit more subtle when it comes to payback time. names such as Cyrus Engerer, Harry Vassallo and Astrid Vellla come to mind. Incidentally, all have been the subject of heaps of abuse by the blogger DCG. Any connection with GonziPN is purely incidental.

John Schembri

Jun 25th 2012, 16:17

@ Andrew Camilleri :What does Cyrus Engerer and Daphne have to do with Mr Bonello.

Mr Bonello defended his business interests and I think that BOV are doing the same.

If I don’t want to do business with you go knock another door. But you cannot force me to do business with you.

Politics should be kept out of this , there are BOV shareholders who don’t like politicians to get involved in this tug of war. That’s when we will be back in the eighties, Mr Camilleri.
So Mr Prime Minister stay out of this there’s no connection with GonziPN in all this, as Mr Camilleri is stating here after all.

ANTHONY PAVIA

Jun 25th 2012, 18:56

Mr Bonello, it is good to note that there are people willing to go the whole hog for the common good. I commend you for it. I can easily understand that you do not really need BOV, but in all probability you keep accounts with many banks including BOV for the convenience of your clients.

Mr Mifsud, Mr Bonello did not say that BOV is a bad bank, but that its management practised potentially illegal business practices. BOV itself has recently announced a full review of these absurd practices indicating major changes on the way.

Mr Schembri, Mr Bonello defended his business and clients' interests. BOV defended potentially illegal business practices, now denounced even by themselves. Did they believe they were above the law? Who was protecting them? Remember that BOV's majority shareholder are the citizens of Malta as currently represented by the present Government. And as a citizen, given that Mr Bonello have allowed full clearance, I demand that the Government examines this issue in detail and gives me and other citizens peace of mind that pure unadulterated vindictiveness has no place in our public banking system.

Ronald Cauchi

Jun 25th 2012, 14:55

It is neither incredible nor unbelievable(whatever the difference is if there is any). It is merely Malta at its usual best where viciousness, vindictiveness and good old fashioned nastiness reigns supreme.I know I might be accused of generalizing and probably I am but in my 70 years i have seen many examples of this both at a personal and official level.

B. Cachia

Jun 25th 2012, 20:09

Banks obviously can refuse business, and do so on a daily basis. As you know, TCF has nothing whatsoever to do with this, and does not imply an automatic right for anyone to receive loans or services from a bank.

j brincat

Jun 25th 2012, 13:07

And don't you think that Mr Curmi knows his rights - surely he doesn't need any councilling!


(jb)

John Cassar

Jun 25th 2012, 22:05

@ j.brincat

Judging by the fiascos made by the BOV management in the La Vallette fund saga, you will forgive me if I beg to differ.

Deo Catania

Jun 25th 2012, 12:41

X'int bla sens C Muscat, mhux ta' b'xejn ghadna elf sena lura f'dal pajjiz.

David Buttigieg

Jun 25th 2012, 13:31

Not at all, quite the contrary!

Democracy would be threatened, as it used to be left, right and centre (80s anyone?), if the prime minister or any minister tried to order the bank to do something, or intervene in any business matter.
There are laws and everyone, ministers, banks and stockbrokers included must follow them.

ANTHONY PAVIA

Jun 25th 2012, 15:37

Your last sentence says it all. Have BOV, being a nationally controlled bank, invoked the power of incumbency with regards to an honest critic whose actions have strengthened the shareholders by forcing management to put into practice decent business practices.

George Azzopardi

Jun 25th 2012, 11:42

tirraguna eh ... l-poster ta Gonzi bhalissa jod ghalik .. ghalaq ghajnejk, widnejk w ghajnejk

T.F. Busuttil

Jun 25th 2012, 11:48

BOV is there to give service to the clients. Thanks to Mr Bonello that the authorities get to know about BOV irregularities at VFM. The Goverment as 25% shareholder and the body to appoint its chairman should stop this because it is harming the bank more.

Mr aguis don't you think that your attitude is arrogant ?

Mr Andrew Camilleri

Jun 25th 2012, 15:03

The bank acdcepted Mr Bonello's custom and has a a 'contract' wit him to provide him services. The Bank cannot just terminatea contract on its own. It has duties towards Mr Bonello which it cannot just dismiss. The Bank is not serious when it behaves like this as no business or investor with the Bank is safe.

ANTHONY PAVIA

Jun 25th 2012, 15:31

Had the people you eulogise not been pushed to the brink, they would never have acted. Of course Mr Bonello may seek other banks' business and would probably be far better served if he so does.

The gist you are missing, when reading the absolute majority of comments, is the fact that this practically nationally controlled bank has had the gall to extract revenge for being shown up for the poor bank it is. Had it been a private bank then it would have been it's own business and no one would have bothered.

ANTHONY PAVIA

Jun 25th 2012, 15:22

BOV shareholders should be glad that one of their customers is Mr Bonello. Persons like him keep the overall banking business shipshape for all the rest. I am sure BOV has become a better bank post Mr Bonello. MFSA should reward him for all the valid work he carried out.

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