{"id":64389,"date":"2015-11-19T11:31:00","date_gmt":"2015-11-19T11:31:00","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=6e1405a46c9b7d07dbca9712e0fd8e8c"},"modified":"2015-11-19T11:31:00","modified_gmt":"2015-11-19T11:31:00","slug":"press-release-director-disqualified-for-facilitating-pension-fraud","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=64389","title":{"rendered":"Press release: Director disqualified for facilitating pension fraud"},"content":{"rendered":"<div class=\"govspeak\">\n<p>The Pension Fund contained over 500 members and endured a loss of over \u00a326m as a result of Mr Williams\u2019 actions.<\/p>\n<p>This disqualification follows an investigation by the Insolvency Service.   <\/p>\n<p>Carrington Wire Limited traded from 1924 as a manufacturer of wire products in Yorkshire. In 2006, OAO Severstal, a Russian company, purchased the entire shareholding of CWL.<\/p>\n<p>Under the terms of the share sale agreement, OAO Severstal guaranteed the Carrington Wire Defined Benefit Pension Scheme (\u201cthe Scheme\u201d) for as long as it remained associated with CWL.<\/p>\n<p>CWL was loss making under Severstal\u2019s ownership and in late 2008 OAO Severstal sought an exit from CWL.<\/p>\n<p>Initially, the Scheme and its trustees were kept apprised of OAO Severstal\u2019s attempts to exit CWL. When OAO Severstal was unable to find a third party that would purchase CWL and provide a guarantee or similar which would offer the same protection to the Scheme, OAO Severstal continued to seek an exit from CWL and the guarantee, without the trustees\u2019 knowledge.<\/p>\n<p>On 16 June 2010, the entire share capital of CWL was purchased by GILLICO, a company of which Mr Williams was the sole shareholder and director. GILLICO was not associated with OAO Severstal or any of the other Severstal companies and the share sale terminated OAO Severstal\u2019s guarantee. No similar guarantee was provided by GILLICO which had been a dormant company until that point with assets of only \u00a3100, (representing its share capital).  <\/p>\n<p>On the same date, and at a time when he knew that CWL would not be able to settle the multi-million pound Scheme deficiency, Mr Williams was appointed a director of CWL.<\/p>\n<p>Under the terms of the share sale agreement between OAO Severstal and GILLICO, a \u2018working capital adjustment\u2019 of \u00a3400,000 was to be provided by OAO Severstal to GILLICO as purchaser of CWL.  <\/p>\n<p>Post completion, on 21 June 2010 GILLICO\u2019s solicitors received the sum of \u00a3400,000 and on 22 June 2010 these monies, net of the legal costs of the share sale\/purchase, were transferred to Mr Williams.  These monies, totalling \u00a3382,136 were not paid into CWL and instead, according to Mr Williams, were used by him to repay personal debts and make payment to his wife, from whom he was then separated. <\/p>\n<p>At liquidation CWL had estimated liabilities totalling \u00a326,554,460 (being the Pension deficit) and total deficiency of \u00a344,903,162 (including \u00a317,499,202 due to shareholders).<\/p>\n<p>The Secretary of State for Business, Innovation &amp; Skills accepted an Undertaking from Richard Martin Williams on 2 November 2015 for 12 years from 23 November. <\/p>\n<p>In summary, Mr Williams misused his position as a director to:<\/p>\n<ul>\n<li>withhold information from relevant parties<\/li>\n<li>provide untruthful assertions, promises and statements that assuaged and coerced others<\/li>\n<li>knowingly ignore the Pension Regulator\u2019s advice\/instruction in relation to security of Pension funds on sale\/transfer<\/li>\n<li>corruptly accept or divert payment for his part in the scheme<\/li>\n<\/ul>\n<p>Commenting on the disqualification, Cheryl Lambert, Chief Investigator at the Insolvency Service, said:<\/p>\n<blockquote>\n<p class=\"last-child\">Mr Williams was the facilitator for a foreign owned business to abandon British workers and pensioners. He consciously and deliberately ignored the interests and enquiries of others, withholding information and also doing the opposite of what was advised and required via the Pension regulator. He ultimately personally benefited through the payment of moneys by the Russian company  to Gillico which he then diverted to his own pocket rather than ensuring it reached its supposed ultimate destination (Carrington Wire).<\/p>\n<\/blockquote>\n<blockquote>\n<p class=\"last-child\">This was a disgraceful conspiracy to abandon a pension scheme and this disqualification shows that misuse of the privileges of limited liability trading are not tolerated and the Secretary of State will seek out miscreants to send a message to those tempted to use companies as a vehicle for evading debt, especially the pensions of hard working citizens.<\/p>\n<\/blockquote>\n<h4 id=\"notes-to-editors\">Notes to editors<\/h4>\n<p>Carrington Wire Limited (CRO No. 00200934) was incorporated on 10 October 1924. Its last trading address was Lowfields Way, Elland, West Yorkshire, HX5 9DA. <\/p>\n<p>The last registered office was Redman Nichols Butler, Westminster Business Centre, Nether Poppleton, York, YO26 6RB.  <\/p>\n<p>The director at the time of Liquidation was Mr Richard Martin Williams.  <\/p>\n<p>Gillico Limited (CRO06866524) was incorporated on 1 April 2009 and accounts filed to April 2015 stated it was dormant.  The registered office is Barclays Bank Chambers, 2 Northgate, Cleckheaton, West Yorkshire, BD19 5AA. <\/p>\n<p>Carrington Wire Limited was placed into Liquidation on 5 December 2012.   <\/p>\n<p>Mr Richard Martin Williams\u2019 last known address is in Bradford and his date of birth is 28 November 1964.<\/p>\n<p>A disqualification order or undertaking has the effect that without specific permission of a court, a person with a disqualification cannot:<\/p>\n<ul>\n<li>act as a director of a company<\/li>\n<li>take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership<\/li>\n<li>be a receiver of a company\u2019s property<\/li>\n<\/ul>\n<p>In addition, that person cannot act as an insolvency practitioner and there are many other restrictions are placed on disqualified directors by other regulations. Further information on director disqualifications and restrictions is <a href=\"https:\/\/www.gov.uk\/government\/organisations\/insolvency-service\">available<\/a>.<\/p>\n<p>The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency authorises and regulates the insolvency profession, deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice. <\/p>\n<p>Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is <a href=\"https:\/\/www.gov.uk\/government\/organisations\/insolvency-service\">available<\/a>.<\/p>\n<p>All public enquiries concerning the affairs of the company should be made to: Cheryl Lambert, Head of Outsourced Investigations, Investigations and Enforcement Services, The Insolvency Service, 3rd Floor, Abbey Orchard Street, London SW1P 2HT. Tel: 0207 596 6117.  Email: <a href=\"mailto:Cheryl.Lambert@insolvency.gsi.gov.uk\">Cheryl.Lambert@insolvency.gsi.gov.uk<\/a>. <\/p>\n<h2 id=\"contact-press-office\">Contact Press Office<\/h2>\n<p>Media enquiries for this press release \u2013 020 7674 6910 or 020 7596 6187<\/p>\n<div class=\"contact postal-address\" id=\"contact_2691\">\n<div class=\"content\">\n<h3>Press Office<\/h3>\n<div class=\"vcard contact-inner\">\n<p class=\"adr\">\n<span class=\"street-address\">The Insolvency Service<br \/>\n<br \/>\n<\/span><br \/>\n<span class=\"locality\">4 Abbey Orchard Street <\/span><br \/>\n<span class=\"region\">London<\/span><br \/>\n<span class=\"postal-code\">SW1P 2HT<\/span>\n<\/p>\n<div class=\"email-url-number\">\n<p class=\"email\">\n              <span class=\"type\">Email<\/span><br \/>\n              <a class=\"email\" href=\"mailto:press.office@insolvency.gsi.gov.uk\">press.office@insolvency.gsi.gov.uk<\/a>\n            <\/p>\n<p class=\"tel\">\n              <span class=\"type\">Media Manager<\/span><br \/>\n              020 7596 6187\n            <\/p>\n<\/p><\/div>\n<p class=\"comments\">For all media enquiries outside normal working hours, please contact the Department for Business, Innovation and Skills Press Office on 020 7215 3234\/3505. <\/p>\n<p>This service is for journalists only. For any other queries, please contact the Insolvency Service switchboard on 020 7637 1110.<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<p>You can also follow the Insolvency Service on:<\/p>\n<ul>\n<li><a rel=\"external\" href=\"http:\/\/www.twitter.com\/insolvencygovuk\">Twitter<\/a><\/li>\n<li><a rel=\"external\" href=\"https:\/\/www.linkedin.com\/company\/3226944?trk=tyah&amp;trkInfo=clickedVertical%3Acompany%2Cidx%3A2-2-5%2CtarId%3A1437038215788%2Ctas%3Ainsolvency%20service\">LinkedIn<\/a><\/li>\n<li><a rel=\"external\" href=\"https:\/\/www.youtube.com\/channel\/UCcLiLoFYKt6sLLafxk1AplQ\">YouTube<\/a><\/li>\n<\/ul>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Richard Martin Williams has been disqualified for 12 years from acting as a director for failing to make sure Carrington Wire Limited (CWL) met its obligations to the CWL Defined Benefit Pension Scheme and causing Gillico Limited, a dormant company, to facilitate a series of transactions which enabled an unconnected Russian company to avoid its liabilities to the CWL Defined Benefit Pension Scheme.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"_links":{"self":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/64389"}],"collection":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64389"}],"version-history":[{"count":1,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/64389\/revisions"}],"predecessor-version":[{"id":64429,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/64389\/revisions\/64429"}],"wp:attachment":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64389"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64389"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64389"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}