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An insider's view

26 June 2008 / George Sim
Issue: 7327 / Categories: Opinion , Legal services , Procedure & practice , Profession
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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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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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