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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll