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Bankrupt given eight-moth prison sentence for perjury

News Release issued by the COI News Distribution Service on 30 September 2011

Thomas George Stocking, a bankrupt, has been sentenced to eight months imprisonment after pleading guilty to two counts of perjury at Worcester Crown Court. Mr Stocking’s conviction follows an initial investigation by The Insolvency Service and a full criminal investigation and prosecution by the Department for Business, Innovation and Skills (BIS).

The investigation showed that after being made bankrupt in December 2009 Mr Stocking, aged 58 of Ledbury, Herefordshire lied to the Official Receiver by claiming that he was unemployed when in fact he was working as a chauffeur.

He first claimed this in the statement of affairs that accompanied his petition for bankruptcy, and repeated it in two narrative statements given to the Official Receiver who was investigating his affairs. His persistent lies concealed earnings of £58,561.25 and prevented the Official Receiver from considering obtaining an Income Payments Order.

Mr Stocking was sentenced to six months imprisonment for the first count of perjury, and eight months imprisonment for the second count to run concurrently.

Commenting on the case, DCIO Liam Mannall from the Department for Business Innovation and Skills said:

“Individuals who seek refuge from overwhelming debt through bankruptcy have an obligation to be truthful about their financial circumstances. Mr Stocking chose, on more than one occasion, not to disclose his employment position. He now has a criminal conviction and finds himself in prison as a result.”

Ends

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Notes to Editors

1. Thomas George Stocking of Ledbury in Herefordshire was made bankrupt on his own petition on 9 December 2009. 2. Section 5 of the Perjury Act 1911 makes it an offence for any person to knowingly or wilfully make (otherwise than on oath) a statement that is false in a material particular, if the statement is made (a) in a statutory declaration; or (b) in an abstract, account, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which he is authorised or required to make, attest, or verify, by any public general Act of Parliament for the time being in force; or (c) in any oral declaration or oral answer which he is required to make by, under, or in pursuance of any public general Act of Parliament for the time being in force. This section applies to all narrative statements given to the Official Receiver during their investigations. Any person who commits an offence contrary to this section is liable on conviction to imprisonment for any term not exceeding two years, or to a fine or to both such imprisonment and fine. 3. On 04 June 2010 Mr Stocking gave a narrative statement to the Official Receiver about his affairs and in that he stated, “I’ve not been working since bankruptcy”. This was not true. Mr Stocking had an ongoing contract to provide chauffeuring services at the time and had continued to issue invoices for work performed since his bankruptcy. On 15 June 2010 he gave another narrative statement to the Official Receiver about his affairs and stated that although he was working now, he had ceased in November 2009 and had only recommenced in January 2010. This was not true. Invoices had been submitted by Mr Stocking for work carried out throughout November and December 2009 and January 2010. 4. Significant dates: 07/12/09 Bankruptcy Order. 04/06/10 First perjury offence committed. 15/06/10 Second perjury offence committed. 24/11/10 Interview under caution. 11/05/11 First hearing. 04/08/11 Guilty pleas entered. 30/09/11 Sentencing. 5. Offences: (i) On 04 June 2010 wilfully made a statement which was false in the following material particular, namely that he had not worked since being made bankrupt on 07 December 2009, in a narrative statement made under section 291(4) of the Insolvency Act 1986 contrary to section 5(b) of the Perjury Act 1911. (ii) On 15 June 2010 wilfully made a statement which was false in the following material particular, namely that he had not traded between November 2009 and the end of January 2010, in a narrative statement made under section 291(4) of the Insolvency Act 1986 contrary to section 5(b) of the Perjury Act 1911. 6. 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. The Service also 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. Further information about the work of The Insolvency Service is available from www.bis.gov.uk/insolvency 7. BIS’ mission is to build a Dynamic and Competitive UK economy, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. We investigate and prosecute a range of offences, primarily relating to personal or company insolvencies. Further information about the work of the Criminal Investigations and Prosecutions team is available at http://www.bis.gov.uk/policies/business-law/criminal-investigations 8. Media Enquiries should be directed to: Ade Daramy, Press Officer on 020 7596 6187

Contacts:

Ade Daramy
Phone: 020 7596 6187
ade.daramy@insolvency.gsi.gov.uk