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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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