Masterclass: The Insolvency Service – “Lifting the Mist”
Tuesday 3 March 2020
Addleshaw Goddard, 3 Sovereign Square Street, Leeds, LS1 4ER
We are delighted to welcome the Insolvency Service for our first Masterclass of 2020. The Insolvency Service will be demystifying its principal functions, including how the service is structured, its internal processes and its powers, including statutory powers to investigate insolvencies, investigations into the conduct of directors involved in failed companies and criminal investigations.
The aim of the session is to promote better collaboration between organisations and The Insolvency Service and ensure that organisations know what help is available.
|09:00||Registration and refreshments|
|09:30||Welcome & introduction||Ben Lowans, YHFF|
|09:35||Introduction from The Insolvency Service||Claire Entwistle, Assistant Director of Operations, North|
|09:40||Official Receiver’s investigations||Terri Kelly, Official Receiver (Leeds)|
|10:10||Insolvent investigations||Robert Clarke, Chief Investigator Insolvent Investigations North|
|10:40||Confidential enquiries into limited companies||Lee McKenna, Senior Investigator, Companies Live|
|11:30||Criminal Investigations||John Townsend, Criminal Investigator, North|
|12:00||Financial Investigation Unit||Richard Farthing, Senior Investigation Officer, FIU|
09:40 – 10:10
Terri Kelly – Official Receiver (Leeds)
Whilst the majority of insolvencies are genuine financial failures, official receivers’ investigations identify those who cause financial harm to others. The culprits’ behaviour may range from negligence or mismanagement of their affairs to serious dishonesty and fraud. Terri is familiar with using statutory powers to investigate such cases, to recover money for creditors and take civil action against those involved.
10:10 – 10:40
Robert Clarke – Chief Investigator, Insolvent Investigations, North
Rob will provide an overview of The Insolvency Service’s investigations into the conduct of directors involved in failed companies, the common types of unfitness encountered and the nature of the outcomes achieved. Investigations undertaken within Rob’s command produce upward of 150 disqualifications each year, with an average ban of 5.6 years. The teams also refer criminality to internal prosecutors and work closely with criminal investigators to support the criminal enforcement regime. Their powers also extend to Scotland.
10:40 – 11:10
Lee McKenna – Senior Investigator, Companies Live
The Live Investigations Team has civil powers to conduct confidential enquiries into limited companies where it has received information which indicates that the company is not trading in the public interest or there is serious corporate abuse taking place. They receive complaints from a wide variety of sources including members of the public, employees and other regulators and prosecutors. Where misconduct is identified, they may apply to the court for the company to be wound up and/or for the directors to be disqualified. They may also refer information to other prosecuting or regulatory bodies where those bodies have more appropriate powers to deal with any misconduct identified. They also cover Scotland.
11:30 – 12:00
John Townsend – Criminal Investigator, Criminal Investigation Team
The Criminal Investigations Team was an addition to The Insolvency Service’s range of in-house services from January 2018. They provide the lead in tackling criminality within the insolvency regime. With teams based in four regions of England and Wales, each teamcontains a wealth of expertise gained within the law enforcement community. John will describe their processes and role within The Insolvency Service and, importantly, how to refer cases, presenting best evidence, whilst negotiating evidential pitfalls along the way. This is an area of “work in progress” within the Service and this session will allow you the opportunity to influence and steer that development.
12:00 – 12:30
Richard Farthing – Senior Investigating Officer, Financial Investigation Unit
The Financial Investigation Unit uses Accredited Financial Investigators to conduct confiscation investigations under the Proceeds of Crime Act 2002. These investigations are conducted to establish whether a person convicted of a criminal offence has benefitted from their criminal conduct, or the extent, or whereabouts, of their benefit from criminal conduct. The Accredited Financial Investigators then send their evidence to the Crown Court to proceed to Confiscation under Section 6(3a) of the Act. The unit also has a Gateway Liaison Officer who deals with requests for information on behalf of Criminal Investigators from several external organisationssuch as HMRC, DWP, Passport Office and UK Border Agency.