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