How to effectively instruct Litigation Support Services

I lead ESA Risk’s Operations team which specialises in litigation support assignments, such as people and asset tracing, eDiscovery, process serving and field enquiries.

Based on a decade of receiving, interpreting and actioning clients’ instructions, I’ve created this guide to help you get the most out of your litigation support services.

Below I provide a detailed overview of how best to instruct your litigation support firm, ensuring the best use of your time and resources.

Selecting the right partner

In the realm of litigation support, not all services are created equal. Choosing a litigation support partner should be guided by a thorough evaluation of their expertise, experience, and technological capabilities.

A partner with a proven track record of success across a diverse portfolio of legal challenges, guarantees that your organisation remains positioned for success.

Understanding your needs and objectives

Whether you are navigating complex international litigation, require intricate investigative work and intelligence, or are in need of robust eDiscovery capabilities, the first step is helping your litigation support partner understand the specific requirements of your case.

The more information provided at the outset, the more streamlined the process.

Background information

Background information – no matter how seemingly trivial – often helps us to discover intelligence that adds value to your case and produces the desired outcome.

I recommend providing as much background as possible when requesting a quote from or instructing a litigation support provider.

The type of information required (/desired) varies depending on the service.

For investigative services, such as people tracing and asset tracing, we request the full name, date of birth and last-known address of each subject. Information about a subject’s family members or associates, social media accounts, company appointments, property ownership, trading addresses and websites are all extremely useful, if available.

In my experience, the more touchpoints given, the higher the chance of a successful result, plus it assists in understanding what information is already known to prevent irrelevant searches Still, I’ve worked with a lot less, even locating an individual with just a partial name and a possible location!

This differs for process serving and surveillance, where the subject’s date of birth is not necessarily useful, but an address is a must. In these cases, providing us with a photo and/or description of the subject is always helpful, too.

Reason or aim of the instruction

In all cases, a litigation support firm will need to know the reason behind your request. In part, this information is required for lawful data processing, and it will also help your litigation support team to confirm the best course of action. For instance, if an Order needs to be personally served on an individual, a desktop trace might not be enough – confirmation of residency via discreet human-source intelligence enquiries could bolster the investigation and give you further confidence in the information uncovered.

Timescales

Tell us what your deadline is and why the assignment needs to be completed by that date. The knowledge that there is a court deadline that must be adhered to, or the case is time-sensitive for other reasons, will allow your litigation support service provider to work with you to achieve the required result within the allocated timeframe.

Claim amount

For investigations that necessitate asset tracing, where there is a claim against an individual, knowing the amount will allow your litigation support partner to understand how detailed your client might need the investigation to be.

A claim amount of £10,000 will likely not require an in-depth investigation, as this could be recovered from identifying a single asset. However, if the claim amount is £10m, more assets would need to be identified.

In my experience, individuals being investigated in relation to higher-value claims are more likely to have more complicated business, property and social links, and be more skilled at concealing assets. As a result, these cases usually require more time and effort.

Budget

At ESA Risk, we tailor our fees to suit your requirements and can provide a bespoke service based on your budget. Providing your litigation support firm with a budget means you get an overview of the type of steps that can be undertaken inside the allotted fee.

Ongoing communication and collaboration

I know the dynamics of litigation demand flexibility, responsiveness and continual potential adjustment of strategies. As such, establishing a framework for ongoing communication and collaboration with your litigation support partner is essential.

At ESA Risk, we always emphasise the importance of a collaborative approach, ensuring that you are informed, engaged and in control at every stage of the litigation process.

By understanding your needs, selecting the right partner, instructing in detail, and establishing a framework for ongoing collaboration, you stand to gain the most from litigation support services.

Elevate your litigation support

At ESA Risk, we are committed to providing you with the insight, expertise, and support needed to navigate your legal challenges confidently.

We provide a wide variety of litigation support services, including people and asset tracing, process serving, digital forensics (eDiscovery) and surveillance.

For further details of these services or to instruct us on a matter, contact us at advice@esarisk.com, on +44 (0)343 515 8686, or via our contact form.

Engage us today to experience how our consultative, tailored approach to litigation support can transform your legal challenges into victories.

The return of The 500 Club

The 500 Club is back. After a couple of months’ break over the winter, Caitlin Duncan and I returned to hosting our networking event series on Thursday 6th February, alongside our usual co-hosts, Asertis and CAPA.

And what better place to start than Manchester, where we have an office and Asertis are headquartered.

This didn’t disappoint as a kick-off event, as scores of the region’s finest legal, insolvency and finance minds gathered together to catch up with colleagues, peers and friends, and to further develop their networks.

It was great to see so many 500 Club regulars for the first time this year, as well as new faces and new firms being represented.

The venue was North Westward Ho – still a relative newcomer to the Manchester bar scene, and well worth checking out. This was the second time we’ve hosted there.

We introduced a small but noticeable change at the event, which we’ll keep in place for this year’s series – name badges. While we know our guests love the informal nature of The 500 Club events, one of the hardest things about networking is remembering the names of everyone you speak to (particularly as a host when there’s an expectation that you know everyone!). Something else we know works well is not hiding the group away in a private room, but enjoying the atmosphere of the venues we host in. This poses its own challenges, as it’s not always immediately clear where the group starts and ends. The small addition of name badges for hosts and guests solved both problems, hopefully without adding too much formality to proceedings.

I imagine this change helped those people in the room who are earlier on in their career, especially. It was brilliant to welcome a number of ‘rising stars’ to the event, last week. Our events are open to people at all stages of their career and all levels of seniority. We’re big believers in developing your network early on and continuing to do so as your career progresses.

The 500 Club is next in Manchester on Thursday 12th June. Before then, we have a packed schedule, which will take in London (twice), Birmingham, Leeds, Bristol, Liverpool and Newcastle (with 3 more cities to add later in the year).

Next up is London this Thursday 13th February. The guestlist for the event is overflowing. In part, that’s down to us receiving so many requests from people to join us for the first time (as we had for Manchester, too). We’re proud that The 500 Club has become an established part of the professional networking calendar in various cities and word has spread that the events are an excellent way to meet and stay in touch with people.

If you’d like to join our mailing list and receive invites to events near you, let us know. You can also join over 1,000 of your peers who keep up-to-date with The 500 Club on our LinkedIn page.

Choosing the right litigation support service

In an era marked by increasingly intricate legal challenges, the line between victory and defeat often hinges on the quality of the litigation support service you enlist.

With technological advancements reshaping the sector, a partner adept in navigating these complexities becomes not just preference, but a necessity.

Understanding the dynamics of what makes a litigation support company indispensable, can aid decision making when determining the best fit for your litigation needs.

What are litigation support services?

In short, litigation support is the process of using specialised services, knowledge or technology to assist solicitors in building a strong case during a legal dispute. They will have specific expertise in areas such as eDiscovery and digital forensics, sophisticated asset tracing investigations and surveillance.

In harnessing these professionals and their tools, litigators can significantly enhance their ability to organise, analyse and present their cases.

What should you look for in a litigation support service?

The right partner is not just a provider but a proponent of your success. When evaluating potential litigation support providers, it is important to consider their experience, technological capabilities and multidisciplinary expertise.

Demonstrated expertise

You want someone with a proven track record of handling complex litigation scenarios across multiple jurisdictions. A provider with a reputation of successfully navigating even the most challenging of cases can bring invaluable insight to the table.

Look for a partner who has assisted on comparable cases, demonstrating a deep understanding of the nuances and challenges involved. Their expertise should encompass various industries, legal domains and jurisdictions, ensuring a comprehensive approach tailored to your specific needs.

Flawless focus

Your case demands undivided attention. A hallmark of a premier litigation support firm is their ability to treat your case with the importance it deserves. Ensuring they can offer bespoke services tailored to your unique case and requirements is key.

Do not be afraid to ask questions regarding their approach to prioritising client cases and adapting strategies to fit each scenario; this should help guide your decision.

Cutting-edge technology and innovation

In today’s data-driven environment, leveraging advanced technology is crucial for efficient and effective litigation support. Seek a partner that invests in cutting-edge solutions, such as sophisticated eDiscovery platforms. These technologies streamline processes, enhance accuracy, and provide valuable insights that can give you a strategic advantage in your legal proceedings.

A multidisciplinary method

Litigation support often demands a multifaceted approach, encompassing various disciplines and areas of expertise. A truly comprehensive litigation support partner should offer a range of services, from complex investigative approaches such as asset tracing and digital forensics to ‘boots on the ground’ support such as process serving and field enquiries. This multidisciplinary approach ensures that every aspect of your case can be addressed by a single provider.

Asset tracing

A proficient litigation support company will be able to help identify and locate assets that are, ultimately, recoverable.

This often requires a meticulous approach – the capability to analyse financial trails, interpret open-source information, and identify corporate or affiliations, both in the UK and overseas. A litigation support service should be well versed in laws and regulations and able to offer comprehensive advice on what assets can and can’t be identified across varying jurisdictions. This helps you make an informed decision on whether pursuing further legal action is beneficial based on potential asset value, before or during the litigation process, and ensuring appropriate allocation of your legal resources.

Should the judicial process culminate favourably, a company who is positioned to assist in the implementation of rulings, execution of freezing orders to safeguard assets from dissipation, and facilitate their recovery, streamlines the entire process.

eDiscovery

An abundance of information is electronically stored and exchanged every day; data analysis has become prevalent in all aspects of dispute resolution. Deploying a company equipped with the latest technological instruments and analytical acumen ensures that none of this crucial, digitally stored information slips through the cracks. The ability to forensically pinpoint, gather and manage such information could be the differentiating factor between triumphing or faltering in your litigation efforts.

Process serving and tracing

A process as vital as serving legal documents demands an exacting approach. Employing a variety of sophisticated legal and investigative tools is fundamental. These should include a network of skilled operatives to perform thorough groundwork, comprehensive databases for tracing and advanced surveillance technologies.

Defendants and witnesses can often employ evasive manoeuvres to avoid their legal responsibilities, making it imperative for firms to engage a provider that can address and overcome such tactics when required.

Compliance considerations

Investigators are unregulated in the UK, therefore instructing a partner with stringent compliance protocols is essential. This safeguards your organisation against potential legal and reputational risks, ensuring that all actions are consistent with the highest industry standards and regulatory frameworks.

Clear communication

Finally, your partnership with a litigation support service should be characterised by open lines of communication and ready accessibility. Responsive support is essential, as it ensures that emerging issues are addressed promptly, maintaining the momentum of your case.

Elevate your litigation support

By aligning with a trusted partner, you gain access to a wealth of resources and insights that empower you to navigate even the most complex legal disputes with confidence and clarity.

At ESA Risk, we provide a wide variety of litigation support services, including people and asset tracing, process serving, digital forensics (eDiscovery) and surveillance.

For further details of these services or to instruct us on a matter, contact us at advice@esarisk.com, on +44 (0)343 515 8686, or via our contact form.

Engage us today to experience how our consultative, tailored approach to litigation support can transform your legal challenges into victories.

 

Bounce Back Loans: October – December 2024 roundup

Our coverage continues on the Insolvency Service’s initiative to uncover financial wrongdoing connected to the Covid-19 Bounce Back Loan Scheme (BBLS), amid sustained efforts to identify businesses and individuals who exploited the scheme intended solely for vulnerable businesses during the pandemic.

With 6 further cases of BBLS-related fraud reported in the last 3 months, and a positive conclusion to a previously reported case.

Bounce Back recap

In January of 2023, we reported on the director of Digital Business Box Ltd, who fraudulently secured a £50,000 Covid Bounce Back Loan by exaggerating his company’s turnover. After spending the loan on personal expenses and a BMW, then attempting to dissolve his business, he received a suspended prison sentence and a director ban in December 2022.

After his conviction, the Insolvency Service initiated crime proceedings, compelling Mr Saeed to sell his BMW and his flat in east London to repay the £50,000 loan. The sale of Mr Saeed’s property was completed in late October 2024, along with an additional payment, ensuring the full repayment of the loan.

Bankruptcies and bans

Shaun David Dixon, a self-employed electrician from Middlesbrough, faces 7 years of stringent bankruptcy restrictions following his abuse of the Covid Bounce Back Loan scheme.

He improperly claimed 2 separate loans totalling £23,750 by overstating his business turnover, receiving an unentitled excess of £16,250.

Made bankrupt in November 2023, Mr Dixon did not dispute the inaccurate information provided during his second loan application, leading to bankruptcy restrictions that prevent him from acting as a company director and borrowing over £500 without declaring his bankruptcy status. These restrictions are set to last until October 2031 to prevent further misuse and protect public funds.

Ruxanda Guja, a former decorator in Romford, has been banned from acting as a company director until December 2037 and must pay over £100,000 in compensation after unlawfully securing 3 Covid Bounce Back Loans totalling £145,000 for her company, Roxy Contracts Limited.

Despite the rules stating businesses were entitled to a single loan of up to £50,000 depending on their turnover, Ms Guja applied for 3 separate loans in 2020, obtaining 1 of £45,000 and 2 others of £50,000 each from different banks by misrepresenting her company’s turnover.

She has been ordered to pay £107,038 in compensation and £7,592 in costs. The Insolvency Service conducted the investigation, emphasising that Ms Guja’s actions breached clear scheme guidelines, constituting misuse of taxpayer money. Liquidators were appointed for Roxy Contracts in June 2021.

Nazia Khan, a Dubai-based sales consultant, received a 9-year company director ban in the UK for fraudulently securing a £25,000 Bounce Back Loan for her dormant company, LC247 Limited, by falsely claiming a turnover of £100,000.

The Insolvency Service’s investigation found that the company, which was supposed to offer consultancy services for a variety of luxury items and consumer goods, had minimal trading activity and was not entitled to the funds. Ms Khan misused the loan for personal expenses, including rent and shopping, rather than business development. The company was liquidated in February 2022, with over £28,000 in debts.

Her disqualification began on 5th December 2024, preventing her from any management role in a UK company without court permission.

Kieron Minto-St.Aimie, a former professional footballer, has been disqualified from serving as a company director for 8 years for making a false declaration to secure a £25,000 Covid Bounce Back Loan for his business, when it was eligible for much less.

His sports academy in Brent was entitled to only £10,000 based on its actual turnover, but he overstated the figure by £60,000. The academy, which provided football coaching and mentoring, opened in 2016 and was dissolved in January 2023.

Suspended sentences

Muhammadh Chaudhry, a Surrey director who used to be known as Masood Jamati, has been handed a suspended sentence and a 7.5-year director disqualification after fraudulently securing £100,000 in Covid Bounce Back Loans.

He applied for these loans for 2 businesses that seemingly never traded, using “cynically invented” turnover figures of £200,000 for each to obtain the maximum loan amount. After receiving the loans, Mr Chaudhry transferred the funds through family members’ bank accounts and then back to himself, using some for personal expenses like holidays to Pakistan.

While Mr Chaudhry has repaid 1 loan in full and has started to pay back the second loan – agreeing to repay the remaining balance – his actions were deemed a deliberate exploitation of a scheme intended to support legitimate businesses during the pandemic.

Irena Tokarczyk, a director from Watford, was sentenced to a suspended 2-year prison term for fraudulently acquiring a £50,000 Bounce Back Loan and subsequently dissolving her company, Good Food Shops Ltd, without repaying the loan. The company was dissolved in October 2020, triggering an Insolvency Service investigation, which found that the company had never traded.

In addition to the suspended sentence, Ms Tokarczyk must perform 100 hours of unpaid work, undergo 10 days of rehabilitation activity, and is disqualified from directing a company for 3 years.

She breached the Companies Act 2006 by not informing creditors about the dissolution and committed fraud. The Insolvency Service plans to recover the funds through a Proceeds of Crime Confiscation Order, which will be evaluated in court this month.

Insolvency and debt investigations

Seeing the whole picture in insolvency and debt cases is key to maximising returns to creditors. For more information on how ESA Risk can help to identify hidden assets or locate targets who have gone to ground, contact Mike Wright, Investigations and Risk Management Consultant, at mike.wright@esarisk.com, on +44 (0)343 515 8686 or via our contact form.

You can also learn more from our Insolvency & Debt Investigations brochure:

Black Friday 2024: Stay cyber-safe

As Black Friday 2024 approaches, the excitement for massive discounts and unbeatable deals is natural. However, it’s important to be aware that this shopping bonanza also brings an increased risk of cyber scams and fraud.

With cyber threats becoming more sophisticated, it’s crucial that shoppers stay informed and protect their personal and financial information.

According to a recent statement from the UK’s Cyber Security Chief, Richard Horne, the festive sales period now experiences a noticeable spike in cyber incidents, dubbing the event a “prime time for cyber criminals, who exploit bargain hunters with increasingly sophisticated scams”.

With victims of shopping scams losing over £11m between November 2023 and January 2024, according to reports from the GCHQ’s National Cyber Security Centre (NCSC) and Action Fraud, the importance of remaining vigilant during this period cannot be understated.

Cyber criminals continue to employ ever more ruthless tactics to exploit consumers’ enthusiasm and lowered guard during these sales.  Utilising AI platforms allows them to develop increasingly convincing scams and makes fraudulent offers even harder to detect.

Though many of these scams include fake listings for products on social media sites, the evolution of AI means whole websites can be created to list fraudulent products and steal financial information.

However, there are steps you can take to protect yourself this Black Friday:

1. Use secure connections only

Always use secure, private Wi-Fi connections when making online purchases.  You never know who might have access to your information when you use a public Wi-Fi network.

2. Update your software

Ensure your devices, including smartphones and laptops, have the latest security updates and antivirus programs installed.

3. Create strong, unique passwords

Use strong and unique passwords for all different retail sites. Consider using a password manager to keep track of them securely.

4. Employ two-factor authentication

Enabling two-factor authentication (2FA) adds an extra layer of security, making it harder for cybercriminals to access your accounts, even if they are able to access your password.

5. Beware of phishing scams

Be sceptical of emails or messages that demand urgent action, such as providing personal information or clicking on unknown links. In 2024, phishing attacks have grown more cunning, blending seamlessly into regular communications. Be wary of clicking links and downloading files.

6. Shop wise, pay safe

Be cautious of deals that seem too good to be true or with merchants demanding payment through unconventional methods like direct bank transfers or cryptocurrency. Official retailer websites and trusted payment systems offer more security.

7. Do your research

Ensure you’re shopping on reputable websites or stores. Look up reviews, ratings, and feedback from previous customers. Compare prices across different platforms to ensure “discounts” aren’t inflated prices reduced to appear like a deal.

 

Black Friday is an exciting time for both shoppers and retailers, by following cyber security best practices and maintaining a degree of scepticism towards online offers, you can protect yourself from becoming a statistic.

Stay alert, keep your software updated, and prioritise security over convenience to ensure a safe and enjoyable shopping experience. If you find yourself the victim of a cyber incident, ESA Risk can help you with your response to the attack and to make you cyber-secure in the future, through the design and execution of a strong cyber security plan. Contact Ben Brown, Cyber Security Consultant at ben.brown@esarisk.com, on +44 (0)343 515 8686 or via our contact form.

New legislative powers to strengthen UK banks in the fight against fraud

The recent announcement by HM Treasury and Economic Secretary to the Treasury, Tulip Siddiq MP, signals a significant step forward in consumer protection efforts.

Extension of payment delays

Currently, banks must either process or refuse a suspected fraudulent payment by the end of the next business day.

Under these proposed new laws, banks will have the authority to extend the delay for payments that they suspect may be fraudulent by a further 72 hours. This change is critical, as it provides financial institutions with the necessary time to conduct thorough investigations into suspicious transactions.

An increased verification window is not just a procedural change; it’s enhancement of the banking sector’s ability to safeguard consumers. It gives banks the leverage to “break the spell” that fraudsters cast over victims to use the words of Tulip Siddiq. The government’s targeted approach comes in response to the estimated £460 million lost to authorised push payment (APP) fraud in the past year.

Siddiq’s statement is echoed by Lord Sir David Hanson, Minister of State with Responsibility for Fraud, who underscores that fraud can affect anyone and have devastating consequences. By equipping banks with these new investigative powers, the legislation aims to act as a critical deterrent to the most common form of crime in England and Wales.

Focus on scams 

A category of bank transfer fraud that comprises a vast number of the fraudulent payments that this law will target are ‘romance scams’, also known as ‘romance fraud’.

This is where scammers use deceitful tactics such as creating fake profiles on dating sites or social media, pretending to care about an individual and entering into a romantic relationship with them to build trust, all in an effort to get the victim to transfer them money or obtain the victim’s financial details. This type of scam particularly preys on the vulnerable by manipulating emotions to extort significant sums of money.

Unfortunately, love really can be blind, but the extension of the investigation window is specifically geared towards combatting this type of deception, allowing banks sufficient time to examine new payees or flagged fraudulent accounts.

The evolving crime landscape, characterised by the prevalence of purchase scams and these insidious romance scams, demands a robust response.

Industry support

The initiative has garnered support from various stakeholders within the financial sector. Rocio Concha, Which? Director of Policy and Advocacy, heralds this as a “positive step in the fight against fraud”, emphasising the importance of banks being empowered to take action against suspected scams without impacting the majority of everyday payments.

From the industry body perspective, UK Finance’s Managing Director of Economic Crime, Ben Donaldson, welcomes the prospective law as an alignment with the prolonged requests from firms for such protective measures.

UK Finance has been long-standing advocate for the introduction of such legislation, marking this a commendable step forward by the government and HM Treasury.

Nonetheless, to optimise the law’s impact, its implementation should be coupled with a strategic enhancement of public awareness and education regarding the risks associated with making these types of payment in the first place. It is well understood that the foundation of effective risk management lies in prevention a far more advantageous approach than relying solely on detection.

Within the last few years, banks have added extra security checks for people making payments, with prompts and banking fraud warnings that force the customer to categorise where the payment is being made and why. This new legislation is a significant addition to that potentially vital security check.

Operational implications for banks

Currently obligated to either authorise or decline a transaction by the end of the next business day, banks now have the latitude to apply scrutiny to payments for an additional 3 days. Financial institutions are tasked with communicating to customers the reasons behind any delayed payment clearly and providing guidance on steps consumers can take to resolve the issue.

Protection and compensation for consumers

While the primary drive of this legislation is to protect consumers from banking fraud, the government are also cognisant of the inconvenience that delayed transactions can cause. Therefore, banks will be mandated to compensate customers for any financial penalties accrued due to delayed payments, such as interest or late fees, strengthening consumer financial security and trust in the banking system.

A collaborative approach

It is critical to note that these measures require careful implementation and should be utilised in a precise and targeted manner.

Banks must commit to sharing intelligence with one another while maintaining close collaboration with law enforcement to pursue and dismantle the criminal networks benefiting from these fraudulent activities.

This new legislation is not a magic bullet, but a step in the right direction.

As with every preventative measure implemented, fraudsters will adapt to more ruthless ways of working, thus financial institutions must remain vigilant and ensure all their procedures and technology remain relevant and watertight.

Financial fraud advice and support

If you need advice on any aspect of financial fraud – from fraud prevention to the recovery of funds lost to fraud – please get in touch with Ali Twidale, Banking & Financial Fraud Consultant. Ali is a Certified Fraud Examiner, and she will be happy to review your situation and put in place a bespoke plan of action to address your needs.

You can reach her at ali.twidale@esarisk.com, on +44 (0)343 515 8686 or via our contact form.

Liverpool networking event – October 2024

Last week, on 10th October, I had the pleasure of joining our co-hosts from Asertis and CAPA, and Malcolm Jones, who stepped out of his recent retirement to host for ESA Risk one last time, for the latest instalment of The 500 Club.

It was a stellar evening of networking, set against the vibrant backdrop of Liverpool, following closely on the heels of another successful event in London just 10 days earlier.

Arial view of LiverpoolAs always, Liverpool welcomed us with open arms, and the attendee turnout was fantastic. It was a delight to reconnect with many of our established contacts and equally, establish connections with new faces in the field.

The evening took place at the Gino D’Acampo 360 Sky Bar, a unique venue with sprawling views across the city, and based on the feedback, it was quite the hit. Attendees not only got to enjoy the networking event but also the beautiful views that Liverpool has to offer.

Professionally diverse, the room was filled with individuals and teams from esteemed firms such as Bermans, Brabners, Excello Law, MSB Solicitors, Opus, Weightmans and Zodeq, among others. As conversations flowed and business cards were exchanged over drinks, it was clear that the evening was a resounding success.

It was a pleasure to be a part of another fruitful event, and I’m looking forward to the final few events we have lined up this year.

Our next event is 24th October, when my colleagues LiamCaitlin and I return to Manchester.

Our aim at these events is to bring together likeminded professionals from the insolvency, finance, legal, and related fields to network and connect in an informal setting.

The 500 Club regularly takes place across the UK, in cities including Birmingham, Manchester, London, Bristol and Leeds. Check the full 2024 calendar and learn more about The 500 Club.

Join The 500 Club community online and stay informed about event updates throughout the year on our LinkedIn page.

Email events@the500club.co.uk to get your name on the invite list.

Bounce Back Loans: July – September 2024

We’re continuing our reporting on The Insolvency Service’s ongoing efforts to identify financial misconduct linked to the Covid-19 Bounce Back Loan Scheme, as attempts to crack down on businesses and individuals who abused the scheme across the country continue.

The last 3 months have seen 10 further cases reported, with key action taken against those who misused government financial aid, including both the Bounce Back Loan Scheme (BBLS) and the Eat Out to Help Out scheme.

Suspended sentences

A Bristol-based builder and his father were handed substantial suspended sentences for jointly defrauding £100,000 in Covid-related financial aid for 2 construction firms that were not trading at the beginning of the pandemic. The duo, found guilty of concocting fake claims, were sentenced to 2 years suspended for 18 months, and 16 months suspended for 12 months, respectively.

In another notable family-linked fraud case, the Deegan’s, a father and daughter from Merseyside, were convicted after their plot to exploit Covid loan provisions came to light.

Of the £50,000 and £25,000 they were entitled to for their 2 companies – long-running family business Bootle Car and Commercial, and the almost identically named Bootle Cars & Commercials, set up in February 2020 – Catherine Deegan fraudulently claimed a further £15,000 2 weeks after the initial loan via a different bank. Gerard Deegan later applied for an additional £50,000 in June 2020; despite knowing (and later admitting) his business was not entitled to it.

Their collaborative efforts to deceive financial authorities ended with both receiving suspended sentences. Mr Deegan has also been disqualified as a company director for 10 years and placed on an electronically monitored curfew.

Business consultant, Mr Mushtaq, fraudulently applied for and secured 2 maximum-value Bounce Back Loans on consecutive days in early June 2020. The funds, intended for business relief, were instead diverted for personal luxury expenditures, with “£78,000 sent to a money transfer service based in California”, the Insolvency Service reports.

Appearing at Derby Crown Court on 13th August, Mr Mushtaq was sentenced to 20 months in prison, suspended for 22 months, and ordered to complete 120 hours of unpaid work.

Stanislav Genadiev, an electrician from Romford, has been ordered to repay over £56,000 after fraudulently securing £100,000 through 2 Covid Bounce Back Loans. He misused the funds for personal debts, groceries, and designer clothing instead of his 2 businesses, as the loan was intended.

Both loans were obtained through false claims regarding the turnover of his companies in 2020. Mr Genadiev must repay the amount within 3 months or face 18 months in jail, though he will still owe the money if imprisoned.

Mr Genadiev was previously sentenced to a 2-year suspended prison term and 150 hours of unpaid work. Further asset recovery actions by the Insolvency Service are possible if additional assets are discovered.

Lee Walkey, a Sussex-based company director, was not only sentenced for Bounce Back Loan fraud but was also found to be involved in a phoney investment proposal. After securing £50,000 from the BBLS, Mr Walkey “misused £21,756 of the loan”, transferring this money into personal accounts.

Continuing his unlawful behaviour, Mr Walkley later encouraged someone he knew to invest more than £7,000 in a proposed footgolf course, promising 20% control and a return on his investment at a future date. Crawley Borough Council later confirmed he never had permission to create the footgolf course to begin with.

Mr Walkley was handed an 8-month prison sentence, suspended for 12 months, and ordered to complete 150 hours of unpaid work.

Bankruptcies and bans

Further to suspended sentences, many individuals faced hefty directorship bans and tough bankruptcy restrictions.

A significant case involved Matthew Littlechild, a business owner in Devon who faced legal action after misusing £250,000 in Covid loans.

Mr Littlechild claimed 5 separate £50,000 Bounce Back Loans for his businesses between May and June 2020, despite this, Mr Littlechild became bankrupt in January 2024. Investigations into his bankruptcy found he’d provided false information on the turnover of all his businesses, resulting in 13 years of stringent bankruptcy restrictions, preventing him from acting as a company director or borrowing more than £500 without first declaring the sanctions.

Potential asset realisations are still being reviewed by the Official Receiver.

London taxi driver, Mr Ahmad, has been slapped with an 11-year sanction after falsely claiming 2 loans on the Bounce Back Loan Scheme, totalling £100,000, then failing to use the money for the economic support of his businesses as intended.

Mr Ahmad was made bankrupt in February 2024, after investigations by the official receiver found he had overstated the turnover of his 2 businesses, to claim more money than was allowed under the scheme.

Nick Addison, a construction contractor from Bedfordshire received a directorial ban after misallocating a £50,000 loan meant for business overheads. Addison claimed a turnover of £250,000 for his business Addison’s Quality Ltd, but investigations showed the actual earnings weren’t even a quarter of his stated claim, culminating in a ban from holding any directorial position until 2037.

It was stated that “between May and September 2020, more than £48,000 was paid to Mr Addison’s personal account” from his company’s account, highlighting the significant financial discrepancies.

The maximum directorship ban of 15 years has been handed to the sole director of a data processing and equipment sourcing business. Richard Oliver, director of Exact Data Trading Co. Ltd, inflated his company’s turnover to secure a £50,000 Bounce Back Loan in June 2020. It was also discovered that no trading income was paid into the business’s account between March and July of that year, indicating the business was not operating at the start of lockdown.

Between June and July 2020, Mr Oliver provided false and contradictory information to councils and registered for business rates to receive Small Business Relief Grants through 21 local authorities, despite not occupying or trading from any of the addresses he registered.  He received grant payments of £95,000 from 7 of these local authorities off the back of these applications.

Finally, Belal Ahmed, owner of Bengal Tandoori Lichfield Limited, has been banned from company directorship after abusing both the Covid Bounce Back Loan and Eat Out to Help Out schemes.

Mr Ahmed submitted claims totalling £56,500 under the Eat Out to Help Out scheme, a programme subsidised by the government, where customers received 50% off food and non-alcoholic drinks during certain days of the week at participating restaurants and cafes.

The analysis of the restaurant’s bank statements revealed that their in-house restaurant sales for a particular month were only £8,055, however, the company obtained “at least £48,445 more than it was entitled to”.

Mr Ahmed had previously, and fraudulently, attained a Bounce Back Loan earlier that year by inflating his turnover.

Winding up

The Insolvency Service has shut down Ledbridge Consultants Limited and Montague Partners Ltd after investigations proved that both companies fraudulently received over £1 million in Covid support loans without entitlement. Registered in Birmingham and London, respectively, neither company genuinely traded but instead acted as vessels to illicitly obtain substantial funds.

They initially obtained 2 maximum loan amounts via the Bounce Back Loan scheme and a further £1.5 million from the Future Fund – another government Covid support scheme – in the name of 3 other companies, quickly distributing these funds to 35 individuals. 10 of these beneficiaries received more than £75,000 each, spread out over multiple small transactions in a short period of time.

The ongoing investigation revealed they had also stolen identities, providing the details of previous job applicants to falsely set up company structures and financials without consent.

Both companies failed to cooperate with the Insolvency Service, leaving the exact control and intentions behind these significant transactions unclear. Consequently, both companies have been wound up at the High Court, and the Official Receiver has been appointed as liquidator.

A Lincolnshire-based eel protection company was shut down after investigations revealed egregious misuse of Covid-19 financial support. The directors of The Eel Screen Company Ltd submitted inaccurate revenue figures to obtain a £50,000 bounce back loan in 2020, and subsequently engaged in additional misconduct with a £225,000 application for the Recovery Loan Scheme in January 2022.

Purportedly, the company was involved in the installation of screens to protect eels in rivers, though the directors provided conflicting information on the nature of the business when questioned during the investigation.

The Insolvency Service found inconsistencies in the company’s accounts, in addition to bank statements that appeared doctored.

It was later revealed that “of the £225,000 The Eel Screen Company received, £148,000 was withdrawn as cash”, directors also failed to produce accounting records on request.  As of today, only 1 repayment has been made, with £213,750 and £30,726 in interest outstanding.

David Hope, Chief Investigator at the Insolvency Service, said: “The Insolvency Service will not hesitate to apply to have companies wound-up in the public interest in such cases.”

As investigations continue, businesses and individuals alike face the consequences of their actions during the pandemic; a stern reminder that the misuse of government aid is a serious offence with significant penalties.

Insolvency and debt investigations

Seeing the whole picture in insolvency and debt cases is key to maximising returns to creditors. For more information on how ESA Risk can help to identify hidden assets or locate targets who have gone to ground, contact Mike Wright, Investigations and Risk Management Consultant, at mike.wright@esarisk.com, on +44 (0)343 515 8686 or via our contact form.

You can also learn more from our Insolvency & Debt Investigations brochure:

 

London networking event – September 2024

Last week (26th September), I headed up to London from Kent for the latest instalment of our networking event series, The 500 Club.

outside Davy's wine house

Unfortunately for me, the heavens opened as I was about to head out my front door to the train station. My housemate, fresh home from a work trip in America, offered me a lift, only to find that her car battery was, in fact, dead. Of course, to add to this, I then missed my train.

Despite this series of unfortunate events, I was in good spirits, and with a fantastic evening of networking ahead, I had good reason to be.

Late, flustered, and slightly damp, I made it to the station half an hour after I’d intended to catch the next train to St Pancras.

I got to Davy’s Wine House in record time (albeit slightly out of breath). The aforementioned issues on my journey, now an amusing anecdote.

I joined Mike Wright and Elizabeth Wright, and our co-hosts Roger Dugan, Asertis and Tony Sweeney and Mike Sheath, CAPA, quickly touching base with them on all things 500 Club and greeting our attendees as they entered the venue.

It was great to have some brand-new faces at the event, as well as our ‘regulars’.

The venue was bustling with professionals from various firms, including BDO, Charles Russell Speechleys, JMW, Kaur Maxwell, Laurus Law, Parker Andrews, PKF and Summit Law. Some were old friends catching up, and others making new contacts or facilitating introductions.

I thoroughly enjoyed the following hours of informal networking. I was intrigued to learn more about others’ work and interests, not to mention, the opportunity to provide detailed insight into our services for those who were new to the circuit.

Overall, another brilliant event in the big city – further evidenced by the lack of red wine by the end of the evening!

Next Thursday (10th October), for one night only, Malcolm Jones comes out of his recent retirement for The 500 Club in Liverpool.

Our aim at these events is to bring together likeminded professionals from the insolvency, finance, legal, and related fields to network and connect in an informal setting.

The 500 Club regularly takes place across the UK, in cities including Birmingham, Manchester, London, Bristol and Leeds. Check the full 2024 calendar and learn more about The 500 Club.

Join The 500 Club community online and stay informed about event updates throughout the year on our LinkedIn page.

Email events@the500club.co.uk to get your name on the invite list.

Edinburgh networking event – September 2024

Last week, I journeyed to Edinburgh – the last of the 3 new locations added to The 500 Club event line up for 2024 (alongside Southampton and Newcastle).

Although initially a grey morning, the clouds eventually gave way to blue skies and bright sunshine.

I began my day with a slew of productive meetings around central Edinburgh, before heading to The Cambridge Bar to host our informal networking event in the evening. Upon arriving at the venue, I greeted our co-hosts from Asertis and CAPA and enjoyed a quick (and overdue!) catch up post Summer break as guests began making an appearance.

For our first in the city, the event was well-attended by litigators, insolvency practitioners, lenders and accountants from top firms such as AAB, Dentons, Harper Macleod, Johnston Carmichael, Middlebrooks, PwC, RSM and Teneo.

As always, it was great to see everyone participating in engaging conversations over drinks in a relaxed setting.

Attendees were eager to learn about our events and showed enthusiasm for similar future gatherings in the area. Overall, the evening proved a great opportunity for us and other attendees to network, discuss their fields, and meet industry peers. It was a successful occasion that showed the potential for future engagements in Scotland.

This Thursday (26th September), my colleagues Mike, Elizabeth and Caitlin head to London, and I’ll be back to host our final Liverpool event of the year on Thursday 10th October.

Our aim at these events is to bring together likeminded professionals from the insolvency, finance, legal, and related fields to network and connect in an informal setting.

The 500 Club regularly takes place across the UK, in cities including Birmingham, Manchester, London, Bristol and Liverpool. Check the full 2024 calendar and learn more about The 500 Club.

Join The 500 Club community online and stay informed about event updates throughout the year on our LinkedIn page.

Email events@the500club.co.uk to get your name on the invite list.

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