Malta Independent

Vista Point: Phantom apartment block rented to IIP applicants

- ALBERT GALEA NICOLE MEILAK

A Gozo apartment block was being rented out to prospectiv­e IIP applicants despite not having been finished yet, an investigat­ive journalist­ic collaborat­ion has revealed.

The Vista Point apartment block, situated in Marsalforn and managed by Trident Property Management, was a popular choice of residence for several applicants. There are 30 separate applicatio­n files within the Henley & Partners database that include a rental agreement at Vista Point.

However, the apartment in itself was still under constructi­on while the property was being leased out to applicants.

One email thread from 2014 obtained through the Passport Papers shows how IIP applicant Svetlana Aleynikova’s Vista Point apartment was not yet finished when she visited the property with her family two months after signing the lease agreement.

“The family visited their apartment yesterday in Vista Point and met with [the developer]. They were surprised that the constructi­on is not yet finished. It is on the last stage, but still not finished. For example, not all electricit­y connection­s are finished, and so on. It is obvious that the client cannot reside in such a property,” the email reads.

In a separate thread, the applicant’s assistant admitted that this was a minor issue, as the family was not planning on residing there in the first place, but argued that the client should have been informed about the situation beforehand.

As part of the IIP applicatio­n, prospectiv­e applicants would have to provide utility bills from the property they were renting as a proof of residence. But in the case of Vista Point, the property manager supplied invoices to Henley Estates with the following explanatio­n:

“Trends Developmen­t Ltd. had signed with Enemalta plc (Government subsidiary) an Agreement for the installati­on of a sub-station to supply electricit­y, exclusivel­y, to the Vista Point Project. We are advised that installati­on should commence shortly. Thereon, the meters will be installed in each and every apartment. Due to the above circumstan­ces, Enemalta is supplying electricit­y under a provisiona­l system.”

The planning applicatio­n for the building was first submitted on 15 November 2005, and eventually approved by the Planning Authority in 2006. The applicant is Michael Farrugia on behalf of Trends Co Ltd.

According to documents from the Malta Business Registry, Michael Farrugia had previously been a shareholde­r in Trident Property Management, but his shares were transferre­d to an Emanuel Joseph Farrugia in 2014.

Part of the proposed applicatio­n has since been constructe­d and is now livable, but a large chunk of the plan remains a constructi­on site.

The real estate branch of Henley & Partners signed an Introducti­on Agreement with Trident Property Management in 2015. Through the agreement, Henley & Partners would direct prospectiv­e applicants looking to buy real estate for the purposes of the IIP to lease with Trident Property Management.

In return, Henley & Partners would receive a commission fee on each completed transactio­n.

A separate Introducer Agreement was in place between the two parties, where Trident Property Management would introduce prospectiv­e clients to Henley & Partners. Similarly here, Trident Property would receive a 20% commission on the Henley Profession­al Fee charged to applicants.

Henley & Partners pursued similar agreements with other local developers, including Kempinski’s San Lawrenz and Tumas Group’s Spinola Developmen­t.

One signed document reveals that, for the San Lawrenz agreement, Henley Estates would receive 50% from the first month’s rent when the client opts for a lease agreement. On the other hand, an unsigned agreement would see them receive 8% commission on the net revenue gained from the purchase of property.

Another unsigned agreement with Spinola Developmen­t allowed for Henley Estates to rake in a 5% sales commission on the total revenue earned through property purchases.

This is a joint investigat­ion by The Malta Independen­t and MaltaToday along with other partners, coordinate­d by the Daphne Caruana Galizia Foundation. The production of this investigat­ion was supported by a grant from the Investigat­ive Journalism for Europe (IJ4EU) fund.

Henley & Partners replied to a raft of questions from the collaborat­ion, saying that it is ultimately the responsibi­lity of the countries involved to investigat­e and vet applicants. Their reply is reproduced in full below:

“Henley & Partners is proud of the service that it has provided to Malta and its people. We assisted the Maltese government in the creation of a remarkably successful sovereign financing and economic innovation platform, raising hundreds of millions of Euros in debt-free capital without which healthcare, social, and cultural investment­s would not have been possible to make to the extent that they have been in recent years.

The direct injection of debt-free liquidity into a sovereign wealth fund (rather than increasing the debt burden for future generation­s) has allowed Malta to be more autonomous with its monetary and fiscal policy than would have otherwise been the case. It creates a safety net against the volatility that countries around the world are having to manage, which is particular­ly damaging to smaller, tourism- and globaltrad­e–reliant economies such as Malta.

We are fully aware of the potential inherent risks in handling client applicatio­ns for residence and citizenshi­p and have invested significan­t time and capital in recent years to create a governance structure that is committed to the highest of standards, with due diligence at its heart.

However, ultimately it is the responsibi­lity of the countries involved to investigat­e and vet applicants. As a private company, we are neither required by law to do so, nor do we have access to the same level of background informatio­n, contacts, and resources that government authoritie­s have. Even so, our processes are well documented and are significan­tly more advanced than those of the majority of other investment migration industry participan­ts, and they do regularly result in the rejection of potential clients — a position on which we pride ourselves.

It is fundamenta­lly false and potentiall­y defamatory to suggest that there is a systemic problem, or that the programs we are involved in are for nefarious purposes. They are not. In reality, and while we continuall­y strive to do better, proportion­ately only a very small percentage of applicatio­ns — significan­tly less than 1% of all applicatio­ns over a period of many years — have later been called into question or been found to have been potentiall­y misused, as is evidenced in multiple independen­t analyses.

We assist hundreds of clients each year to enhance their mobility, personal security, and quality of life, nearly all of whom can be characteri­zed as positive actors who have created businesses, jobs, and significan­t societal value. They do so additional­ly by also investing in the countries we introduce them to. Henley & Partners makes a positive contributi­on to the societies and economies of host countries through this very valuable form of immigratio­n, of which more, not less, is required globally.”

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 ?? Photo: Joanna Demarco for the Passport Papers collaborat­ion ??
Photo: Joanna Demarco for the Passport Papers collaborat­ion
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