ESA Risk consultant raises £4.5k for Cancer Research UK

Mario Ovsenjak, Hotel & Leisure Management Consultant, has raised £4,432 for Cancer Research UK, so far, after completing a second amateur boxing match at Manchester’s Bowlers Exhibition Centre.

A lively crowd was in place at the Ultra White Collar Boxing event to see scores of matches across two boxing rings and an MMA ‘cage’. Competitors undertake a gruelling eight-week training programme before being matched up for fight night, all in the name of charity.

After three exciting rounds, Mario unfortunately lost his fight on points, but he was in good spirits afterwards and hasn’t ruled out making a return to the ring in the future.

Here’s a snippet of the fight (Mario’s in red):

All of this is in aid of Cancer Research UK. Cancer research is an ever-important cause – statistically, one in two people will have cancer in their lifetime. Cancer Research UK works tirelessly on improving our chances of surviving all sorts of cancers.

There’s still time to make a donation on Mario’s Just Giving page.

ESA Risk consultant boxing for charity:
Round 2

Mario Ovsenjak, Hotel & Leisure Management Consultant, raised more than £2,000 for Cancer Research UK when he made his debut appearance in the boxing ring just before Christmas last year. After 3 rounds, he lost on points, unfortunately. However, Mario has taken the opportunity to add a win next to his name and to raise more money for charity – he’ll be returning to the ring on Sunday 20th March in aid of Cancer Research UK, once again.

Ahead of his first fight, Mario remarked that he was “far more likely to be seen with a glass of sherry than fighting”. Clearly, that’s starting to change. As before, Mario has entered a gruelling 8-week training and nutrition regime to ensure he’s fighting fit by the time of the event at Bowlers Exhibition Centre in Manchester.

Here’s a taste of what that entails:

All of this is in aid of Cancer Research UK (a charity supported by ESA Risk’s Mike Wright earlier in 2021). Cancer research is an ever-important cause – statistically, 1 in 2 people will have cancer in their lifetime. Cancer Research UK works tirelessly on improving our chances of surviving all sorts of cancers.

Find out more, including how to make a donation, on Mario’s Just Giving page.

Market conditions creating a perfect storm for businesses

This unprecedented set of market conditions looked to have claimed its first high-profile victim when Studio Retail Group plc called in administrators, after failing to secure a £25m short-term loan. The company has been bought out of administration quickly, with Frasers Group paying £26.8m for the ailing business at the end of last week.

Perhaps the most concerning aspect of Studio’s story is that the company posted excellent trading results throughout the most challenging periods of the Covid-19 pandemic and was optimistic about its future position in updates made as recently as 5 weeks ago. On 31st January 2022, the Group CEO commented: “The trading performance over Christmas, with sales up 18% over two years, shows our offer is resonating with a customer base of 2.3m. We will continue to drive the long-term profitability and success of the group.”

A set of long-term problems bubbling under the surface appear to have come to the boil all at once to create a short-term cash flow issue that required a formal insolvency process to achieve a positive resolution.

The challenges faced by Studio Retail Group are being faced by a huge number of businesses in the UK, especially those in the retail sector.

Supply chain disruption

Supply chain disruption is probably the most widespread and most damaging of those issues. The current reasons for supply chain disruption are varied, with higher container costs, longer times on the water, delays at UK ports due to extra paperwork and HGV drive shortages all contributing to time delays and increased costs. Alongside facing increased transport and logistics costs (mentioned in every Studio trading update for the past 8 months – in hindsight, a red flag being waved repeatedly), many companies are holding excess stock to avoid future disruptions and therefore increasing costs without a guarantee of increasing sales.

Other challenges that may lead to cash flow problems

Overstocking is not necessarily a problem, but the current squeeze on consumers’ disposable income – caused by high inflation, interest rates and fuel prices, and soon to be worsened by energy price rises – is starting to affect sales of non-essential goods. That leads to stock going unsold and costs not being recovered.

Many industries are also seeing high wage inflation, with growth in average total pay at 4.3% in the latest figures from the Office for National Statistics (ONS). While this is much lower than the recent high of 8.3% in June 2021, growth is still higher than it has been for more than 14 years. In some sectors, the rate is much higher – finance and business services saw a growth rate of 8.1% in the period from October to December 2021 – and all sectors are experiencing growth.

Wage inflation can be driven by the need to retain staff by offering more competitive salaries and by staff churn leading to the need to recalibrate starting salaries. In the age of the ‘great resignation’, it’s easy to see why wage inflation is so high.

Add to that the monthly repayments of Covid recovery loans, most notably under the Bounce Back Loan Scheme, which are now well underway for those companies that took a loan and the outlook for UK businesses is a perfect storm which threatens their short-term cash flow. For some (as in the case of Studio), it also threatens their existence.

While the £25m requested by Studio to manage its cash flow problems may seem high, the company had an existing revolving credit facility of £50m, and the decision by HSBC not to extend this funding line was a surprise to investors and the City. Considering Studio’s strong position in the last 2 years, this will rightly give other businesses cause for concern.

What is the outlook for UK corporates?

Studio predicted that “the disruption to supply chains will continue throughout calendar 2022”. The Bank of England expects the rate of inflation to rise even further from 5.5%, currently, to “over 7%” in the coming months – way above its 2% target, which the Bank “expect[s]…to be much closer to…in 2 years’ time.” In short, the challenges being faced by the UK market aren’t going away any time soon.

While it might sound like it’s all doom and gloom, it doesn’t have to be. There are many ways for a company to take control of its cash flow management and overall financial situation before it worsens and to pre-empt any formal insolvency process.

How can ESA Risk help with cash flow issues in business?

At times like these, seeking advice from professionals who are experienced in these financial and supply chain issues can make the difference needed to move your business from facing financial problems to financial security and profitability.

At ESA Risk, our expert consultants have a wealth of experience advising and supporting businesses. We can help with cash flow forecasting, financial risk management, debt recovery strategies and more.

Contact us at advice@esarisk.com, on +44 (0)343 515 8686 or via our contact form to find out more about how we can support your business.

The fallout of a major data breach

A few weeks on from the suspected ransomware cyber attack on Optionis Group – Parasol’s parent company, contractors have found their personal data for sale on the dark web.

The discovery is the latest in a series of misfortunes to affect contractors employed through Parasol following the cyber attack in the second week of January.

As an umbrella company, Parasol employs temporary workers, often on behalf of employment agencies. Umbrella companies provide convenience for contractors and agency workers, and the companies who use the services of those workers, by managing contracts, timesheets and payroll, etc.

The role of an umbrella company also means it’s necessary for them to hold a large amount of personal and sensitive data. The introduction of the IR35 regulation in the UK, which relates to contractor / client relationships, has led to an increased use of umbrella companies by contractors and, consequently, an increased number of financial (payroll) transactions being made through those companies. As a result, companies such as Parasol now process and store a vast amount of sensitive financial data, making them attractive targets for cyber criminals.

The Optionis Group incident is the second major attack (that we know of) on an umbrella company in less than four months. Giant Group was the victim of a “sophisticated cyber attack” at the end of September 2021, which took the company’s communications and server network out of operation, and left some contractors without pay.

Timeline of the Optionis Group cyber attack and consequences

14th January 2022

Parasol initially advised its contractors that there was no access to the company’s operational and communication portals used to submit timesheets, view payslips, process contract extensions and so on.

Rumours began to circulate on social media that Parasol was experiencing a cyber attack, which was later confirmed by Optionis Group.

15th January 2022

Some of Parasol’s contractors started to report missing payroll payments or payments that were significantly lower than expected. When this was questioned, the company confirmed that payments were having to be made manually, implying that their bank accounts had been compromised.

21st January 2022

Parasol’s portals were restored. However, other companies within the Optionis Group had to move to rebuilt platforms. For example, an accountancy firm within the group reopened their portal with data migrated from their last back up – from November 2021, meaning 2 months’ worth of data was missing and needed to be manually re-entered.

4th February 2022

Social media reports confirmed that personal data from Optionis Group had been found on the dark web.

7th February 2022

An email from Optionis Group confirmed that their data had been found on the dark web and individuals would be advised if they had been directly impacted.

28th February 2022

At the time of writing, the contractor we spoke to had heard nothing further from Parasol / Optionis Group, despite finding their own personal data on the dark web.

Taking action

As someone who works in the cyber security and fraud industry, they have quickly taken matters into their own hands and put in place controls to mitigate the personal impact of this data breach.

They’ve paid to set up monitoring alerts with Experian and CIFAS to try to protect themselves from identity fraud. The platforms will alert them if their personal details are used to apply for financial products.

As the director of a limited company, they’ve also had to register with the Companies House protection scheme to protect their company and receive alerts if anyone tries to change, or conduct business using, their details.

There’s still no guarantee that the individual’s leaked details won’t be sold or used maliciously in the future.

And the issues at Optionis Group are ongoing, with some systems still not restored in full since the cyber attack.

The contractor we spoke to is, unsurprisingly, frustrated and angry about the situation:

“I know how devastating an information security breach can be, so when I heard that my accountants and umbrella company that I work through for payroll had been breached, I was immediately very concerned. When it was confirmed that the personal data had been located on the dark web, I was extremely angry as you just assume that your accountants have the necessary protection in place for your data and information. Obviously not. It’s vital that other such firms review their systems and ensure they have the utmost protection as these attacks are becoming more and more commonplace.”

This viewpoint is clearly held by other affected parties. ComputerWeekly.com reported that some contractors had “tak[en] it upon themselves to investigate whether their personal data [was] compromised…after growing frustrated at the time…[taken by Parasol] to provide updates on the situation.”

The same article reports that “a group action is being prepared…to seek compensation for contractors caught up in the breach”.

Clearly, the main fault here lies with malicious actors who carried out a targeted cyber attack in order to breach a company’s systems and steal personal data. However, every company that holds personal data has a legal duty to keep data secure and to respond to potential data breaches in a specific way. In this case, there appear to be failings on both the security and the response side by Optionis Group.

Cyber security support from ESA Risk

At ESA Risk, we offer a broad range of cyber security services that can help you secure systems and data, become more cyber-aware, identify breaches, and prepare for and respond to attacks.

Our consultants have proven experience of working in some of the UK’s top financial institutions where they have implemented secure cyber controls and continue to provide remediation and preventative cyber security and data breach support.

For advice and support on making your business cyber-secure, or if you’ve been the victim of a cyber attack or data breach / leak, please contact us at advice@esarisk.com, on +44 (0)343 515 8686 or via our contact form.

 

Government consultation on insolvency industry regulation

Update: the UK government published the outcome of the consultation on 12th September 2023. Read The future of insolvency regulation – government publishes consultation outcome.

The proposals include creating a single regulator for insolvency practitioners and extending regulation to companies that offer insolvency services.

Currently, the country’s 1,500 or so insolvency practitioners are regulated as individuals – an arrangement that the government believes “has not kept pace with changes in the way the insolvency market operates”. Many firms employing insolvency practitioners and offering insolvency services are not governed by qualified insolvency practitioners, but the firms themselves are not covered by regulation, at present.

The proposed new regulator would be part of the Insolvency Service and would replace the role of the four recognised professional bodies that currently cover insolvency practitioners: (largest to smallest by number of members)

  • Institute of Chartered Accountants in England and Wales (ICAEW)
  • Insolvency Practitioners Association (IPA)
  • Institute of Chartered Accountants of Scotland (ICAS)
  • Chartered Accountants Ireland (CAI).

The government views the current regime of regulation as “disproportionately complex” considering the relatively small number of qualified insolvency practitioners.

Under the changes, individuals and companies offering insolvency services would be subject to an annual assessment to demonstrate they meet the minimum requirements for registration.

Other key changes included in the consultation are the creation of a public register of all firms and individuals that offer insolvency services and the creation of a system of compensation and redress in the event of insolvency cases being mishandled.

Opening the consultation, Business Minister Lord Callanan said: “Those most impacted by insolvency need confidence in the professionals involved, and the UK regime has a strong reputation for delivering the best outcomes possible when an insolvency occurs. In order to maintain that confidence, the regulatory regime must keep pace with the times and these proposals to introduce an independent regulator will strengthen the regime and deliver greater transparency, accountability and protection for creditors, investors and consumers.”

The consultation – which runs until 25th March 2022 – invites views from within the insolvency industry (from insolvency practitioners, professional and trade bodies, and related professionals such as lawyers, etc.), but also from any other interest parties (including debt charities, business representative organisations and members of the public).

The proposals are based on the results of a 2019 Call for Evidence and would apply to England, Scotland and Wales.

The suggestion from the Insolvency Service’s 5-year strategy, published in September 2021, is that implementation wouldn’t start until 2024.

Get support from ESA Risk

Insolvency investigations

When you suspect fraud or believe that a company director or third party is not being honest, we understand how difficult and time-consuming the investigations process can be. Our investigative services are designed to provide you with the whole picture allowing you to concentrate on the more technical insolvency issues. From intelligence gathering and tracing, to on-site support including digital data capture and forensics, ESA Risk has the investigations side of your insolvency case covered.

Support for company owners and directors

If you have a limited company that you wish to close, we can introduce you to an insolvency practitioner, who will ensure the correct legal process is followed.

If you suspect that a fraud has occurred within your business and need advice or support on the next steps, we’re here to help.

Contact us

Contact Mike Wright, Risk Management & Investigations Consultant, at mike.wright@esarisk.com, on +44 (0)343 515 8686 or via our contact form, to find out more.

 

 

New powers for the Insolvency Service

The UK government has announced the addition of “new powers to tackle unfit directors who dissolve companies to avoid paying their liabilities.”

The change allows the Insolvency Service to investigate the potential misuse of the company dissolution process and to disqualify directors who are found to have abused the system.

The legislation – introduced under the Ratings (Coronavirus) and Directors Disqualification (Dissolved Companies) Act – appears to be a direct response to the forecasted issues around the repayment of government-backed loans made available during the Covid-19 pandemic. The Act will “help tackle directors dissolving companies to avoid repaying” those loans.

Whereas previously, the Insolvency Service had the power to investigate company directors in cases of insolvency and (on the evidence of wrongdoing) active companies, these new powers will now “extend those investigatory powers to directors of dissolved companies”.

If misconduct is found, directors can face a range of sanctions, including:

Announcing the changes, Business Secretary Kwasi Kwarteng said: “These new powers will curb those rogue directors who seek to avoid paying back their debts, including government loans provided to support businesses and save jobs. Government is committed to tackle those who seek to leave the British taxpayer out of pocket by abusing the covid financial support that has been so vital to businesses.”

The Act received Royal Assent of 15th December 2021 and will apply to England, Scotland, Wales and Northern Ireland.

Get support from ESA Risk

If you have a limited company that you wish to close, we can introduce you to an insolvency practitioner, who will ensure the correct legal process is followed.

If you suspect that a fraud has occurred within your business and need advice or support on the next steps, we’re here to help.

Contact Mike Wright, Risk Management & Investigations Consultant, at mike.wright@esarisk.com, on +44 (0)343 515 8686 or via our contact form, to find out more.

New cyber laws are welcome, but long overdue

The Product Security and Telecommunications Infrastructure (PSTI) Bill, introduced to parliament today by Julia Lopez MP and the Department for Digital, Culture, Media & Sport (DCMS), will provide consumers with better protection from attacks by hackers on their phones, tablets, smart TVs, fitness trackers and other internet-connectable devices.

As Julia Lopez, Minister for Media, Data and Digital Infrastructure, notes: “every day hackers attempt to break into people’s smart devices.” Cyber criminals are targeting these products more and more often. Which? recently found that a home filled with smart devices could be exposed to more than 12,000 hacking or unknown scanning attacks from across the world in a single week (yes, 12,000 a week!). With that in mind, a move to mitigate the risk posed to consumers through legislation has been a long time coming.

In the DCMS announcement, the Minister goes on to say: “Most of us assume that if a product is for sale, it’s safe and secure. Yet, many are not [80% of connectable product manufacturers “do not implement appropriate security measures”], putting too many of us at risk of fraud and theft. [The PSTI] Bill will put a firewall around everyday tech from phones and thermostats to dishwashers, baby monitors and doorbells, and see huge fines for those who fall foul of tough new security standards.”

Described by the government as “a new world-leading law”, the Bill will “prevent the sale of consumer connectable products in the UK that do not meet baseline security requirements”. Included in these new cyber laws are the following:

  • A ban on universal default passwords, with new devices required to come with unique passwords that can’t be reset to a universal factory setting.
  • A demand for greater transparency from manufacturers on their efforts to fix security flaws, with companies required to publish the minimum support time for products (i.e. for how long they’ll receive updates and patches).
  • A better vulnerabilities reporting system, including a public point of contact at each manufacturer.

The new cyber laws will apply to imported goods, as well as those manufactured in the UK. Retailers (both on the high street and online) will be subject to the same laws as the manufacturers, ensuring consumers are protected no matter where a product is produced or purchased.

And the laws will apply to all ‘connectable’ devices. From January to June this year, Internet of Things (IoT) devices were targeted by 1.5 billion attempted compromises – double the number in the whole of last year.

Technical Director of the National Cyber Security Centre (NCSC) (part of GCHQ), Dr Ian Levy is “delighted by the introduction of this bill which will ensure the security of connected consumer devices and hold device manufacturers to account for upholding basic cyber security.” The Bill was developed jointly by the NCSC and DCMS.

Dr Levy admits that this change “mark[s] the start of the journey to ensure that connected devices on the market meet a security standard that’s recognised as good practice.” With so many connectable devices that don’t meet these standards already for sale and in our homes, we’re facing an uphill battle against cyber criminals. And, as the DCMS announcement points out, “just 1 vulnerable device can put a user’s network at risk.”

For advice on securing your network against cyber threats, contact Graeme McGowan, Cyber Risk & Security Consultant at graeme.mcgowan@esarisk.com, on +44 (0)343 515 8686 or via our contact form.

Manchester networking event

Last week, we were back in Manchester for the latest installment in The 500 Club networking event series. Mark Dickson (Risk Management) hosted at The Alchemist Spinningfields alongside Roger Dugan from our co-hosts Asertis.

Mark and Roger were joined by guests including lawyers and insolvency practitioners for our first Manchester event since the end of the summer.

The 500 Club is an event series jointly hosted by ESA Risk and Asertis. The invitation-only networking events are usually held twice a month at locations across the UK, including London, Manchester, Birmingham, Leeds, Liverpool and others.

Our aim at these events is to connect like-minded professionals. No sales presentations, only good conversation over a few drinks.

We’re in Birmingham on Thursday this week for a private guided wine tasting at Loki Wine Merchant & Tasting House in the historic Great Western Arcade, followed by Baranis in central London next week.

Please contact us if you’d like to join us at a future event.

New supply chain plans to bolster cyber resilience

The Department for Digital, Culture, Media and Sport (DCMS) has unveiled new proposals aimed at “protect[ing] the country’s digital supply chains”. Under the proposals, IT service providers could have to follow new rules, including the National Cyber Security Centre’s Cyber Assessment Framework, to bolster their cyber resilience.

Although developed before the results of the latest Cyber resilience captains of industry survey 2021 were published on 15th November, the move addresses directly the key issue highlighted by the research. The survey, conducted with “chairs, CEOs and directors of Britain’s top companies” demonstrates a gap between perceived cyber security risk and “action on supply chain cyber security”. 91% of respondents now “see cyber threats as a high or very high risk to their business”, whereas just 69% say they’re “actively manag[ing] supply chain cyber risks.”

The proposals are the result of a government consultation that began in May 2021, driven by “an increasing number of organisations…suffering cyber attacks via their supply chains or via their providers of IT services.” During the government’s ‘call for views’ on this issue, 82% of respondents agreed that an effective (or somewhat effective) solution could be legislation.

Minister for Media, Data and Digital Infrastructure, Julia Lopez, said:

“As more and more organisations do business online and use a range of IT services to power their services, we must make sure their networks and technology are secure.

“Today we are taking the next steps in our mission to help firms strengthen their cyber security and encouraging firms across the UK to follow the advice and guidance from the National Cyber Security Centre to secure their businesses’ digital footprint and protect their sensitive data.”

As the DCMS admits, this is only the beginning of an idea to strengthen the UK’s digital supply chains. A “new national cyber strategy” is promised “later this year”. Policy proposals need to be developed further and the government is reviewing “the laws and measures which encourage firms to improve their cyber security”.

More generally, the Cyber resilience captains of industry survey 2021 results show that the country’s largest firms – the Top 500 industrials by turnover and the Top 100 financial companies by capital employed – are taking cyber risks seriously.

77% of respondents said cyber security is discussed at board level on at least a quarterly basis. 92% reported that their “board integrates cyber risk considerations into wider business areas”.

However, only 16% said that their company’s board members needed no support “to be able to make better decisions about cyber resilience”. The most commonly chosen type of support needed was “awareness raising / education / training for board members” (34%), which is almost identical to our cyber security motto at ESA Risk: training, education and awareness.

Cyber Assessment Framework

The National Cyber Security Centre’s Cyber Assessment Framework covers 4 objectives:

  1. Managing security risk
  2. Protecting against cyber attack
  3. Detecting cyber security events
  4. Minimising the impact of cyber security incidents.

It “provides a systematic and comprehensive approach to assessing the extent to which cyber risks to essential functions are being managed by the organisation responsible” through 14 principles of cyber security and resilience.

ESA Risk and cyber resilience

For cyber security advice and support, including supply chain cyber resilience and meeting the Cyber Assessment Framework, contact Graeme McGowan, Cyber Risk & Security Consultant at graeme.mcgowan@esarisk.com, on +44 (0)343 515 8686 or via our contact form.

Investment fraud: An unregulated scheme

The company in question – Dow and Jones Limited – was selling fine wine to members of the public as an investment opportunity, yet most orders were not delivered and even for those that were, customers would be unlikely to get their original capital back due to the inflated buying price of almost double the retail cost.

Alongside overcharging their customers and investors, the company told clients they had to buy more to bulk up their wine portfolios. The company accounts were reflective of their dishonesty; orders from as far back as 2016 weren’t completed and inaccurate accounts had been filed at Companies House.

Investment fraud is not uncommon. In this case, the methods used to convince customers to buy into the fraudulent scheme were outlined by Irshard Mohammed, Senior Investigator at the Insolvency Service, as “Similar to boiler room operations, Dow and Jones used sales scripts from previously failed companies, which assisted salesmen to convince people, including the vulnerable, to invest their money in unregulated investments.

“The courts recognised the unscrupulous nature of Dow and Jones when it wound-up the company and our advice is always to reject unsolicited investment offers that sound too good to be true.”

The Official Receiver appointed to this case revealed that third parties (claiming to work for The Insolvency Service) were contacting investors promising investment returns if money was sent to them during the phone call.

Scams in which criminals impersonate the Insolvency Service are known as ‘recovery room scams’. These are defined as “fraudsters approaching investors who have been scammed or had failed investments, offering to help them get their money back for an upfront fee”. They usually adopt the role of an Official Receiver and use methods such as sending fake letters with the Insolvency Service logo, or referring investors to social media accounts of actual Insolvency Service employees.

The Insolvency Service Official Receivers do not ask investors to pay upfront fees to recover lost investment. Being asked for to pay these fees to ‘get paid faster’ or ‘increase the likelihood of profits’ is one of the surest signs of investment fraud.

Advice from The Insolvency Service

  1. The Insolvency Service will always look to cooperate with other government agencies and prosecuting authorities when we’re made aware of recovery room scammers and investment fraud. You should report all fraudulent contact from individuals stating they can get your lost investments back for a fee. You can also report these approaches to Action Fraud.
  2. The Financial Conduct Authority publishes a list of known fraudulent claims management companies, you can check online if a warning has been posted about the company that approaches you. Just because the company that has contacted you is not on this list does not mean that they are not attempting to scam you.
  3. You can avoid many unsolicited telephone calls by registering your phone number with the Telephone Preference Service (TPS). The TPS is the official central opt-out register for people who do not want to receive unsolicited sales and marketing calls and is a free service.”

Protection against investment fraud

Banks have become progressively better in recent years in trying to prevent their customers falling for investment fraud scams by implementing monitoring systems that can detect when payments have been made to scam companies, but continual education and awareness will always be key to achieving higher prevention.

For advice and support on recognising and avoiding investment fraud, contact Ali Twidale, Banking & Financial Fraud Consultant at ali.twidale@esarisk.com, on +44 (0)343 515 8686 or via our contact form.

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