header-logo header-logo

26 June 2008 / George Sim
Issue: 7327 / Categories: Opinion , Legal services , Procedure & practice , Profession
printer mail-detail

An insider's view

Fraudulent trading: a forensic accountant's perspective by George Sim

The “credit crunch” and the expected downturn in the economy are likely to put pressure on many businesses' finances and may lead to the discovery of instances of fraudulent trading.

By way of example, on 16 May 2008, Peter Bradley was sentenced to four years' imprisonment at Liverpool Crown Court and was disqualified from acting as a company director for 10 years, having pleaded guilty to one count of fraudulent trading. His company, Alta Gas, a bottled gas business with seven filling plants and 30 depots nationwide, collapsed in 2001; during the receivership it was discovered that fictitious sales had been created and that the profitability of the company had been misrepresented to providers of finance.

Fraudulent trading occurs when a business continues to trade at a time when there is, to the knowledge of the business's management, no reasonable prospect of creditors ever receiving payment. This includes a situation such as Alta Gas in which there are no good grounds for thinking that the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
back-to-top-scroll