Case Studies

Mr H was a director who had been involved in running an educational services company. 

The company had gone into liquidation and Mr H had been subject to a civil investigation into his conduct as a director. Nothing came of a civil investigation but Mr H was contacted through us by the criminal investigation branch of the Insolvency Service and invited to attend an interview under caution.

We took steps to gather pre interview disclosure from the Insolvency Service. The allegations related to a failure to maintain or preserve adequate accounting records or failing to deliver these records to the liquidator. These are serious offences.

The material provided by the Insolvency Service was analysed and Mr H advised as to his options. 

It was agreed that a prepared statement would be drawn up before the interview. We attended the interview with Mr H, the prepared statement was read and thereafter no comment responses given to further questions.

No further action was taken by the Insolvency Service. Our early input and advice meant that Mr H had the best possible outcome.

Mr P was a chartered accountant who had been disqualified on a civil disqualification undertaking. A report was made to the Insolvency Service suggesting that he had breached his civil undertaking by being involved in the management of another limited company (also a firm of accountants). If charged and convicted this offence would merit a custodial sentence.

Pre interview disclosure was sought from the Insolvency Service and carefully analysed. A detailed fact find was undertaken with Mr P and he agreed to attend an interview under caution with legal representation. 

A prepared statement was provided and various discussions ensued with the investigators thereafter. As a result of this no further action was taken against Mr P. Our experience and pro-active assistance helped Mr P avoid the stress of a court case and irreparable harm to his reputation.

Mr M and his son were prosecuted for an allegation that Mr M had breached a civil disqualification and that his son had aided and abetted him in the breach. This is a serious criminal offence.

Mr M and his son both pleaded guilty in the Crown Court and steps were taken in order to mitigate and reduce the possibility of an immediate custodial sentence.

Both Mr M and his son received suspended prison sentences following detailed mitigation. Mr M was then subject to confiscation proceedings which raised a number of difficult issues including abuse of process (by the prosecuting authority), questions of law relating to trust property, a previous bankrupt and other issues. At the outset confiscation was sought for a sum in excess of £500,000, however through utilising legal processes correctly making appropriate applications and concessions where applicable, an outcome was achieved whereby Mr M was subject to a confiscation order in the sum of £40,000.

Mr P was involved in civil proceedings in which a Freezing Order was obtained against him and later the investigation launched by the Insolvency Service following an insolvency. Sometime after the civil proceedings had been resolved Mr P was contacted, through our office by the police who were investigating allegations of fraud and money laundering.

We obtained pre interview disclosure from the police and Mr P cooperated providing a full comment interview, charges were brought against Mr P in relation to money laundering which he pleaded guilty to following our advice.

The focus of our work was ensuring that Mr P did not receive a custodial sentence. He was prepared for the possibility (the money laundering charges related to sums in excess of £500,000) however he received a suspended sentence. We achieved this outcome by knowing how to advise Mr P, what evidence to put before the court and how to effectively represent him.