These six sessions cover the principal functions of the Insolvency Service and aim to bring about greater understanding of how they are structured and their internal processes, so that we are all better equipped to work together to provide help where it is needed, but also to pose a genuine threat to those who act unlawfully within the insolvency regime.
08:15 – 09:00 REGISTRATION
Coffee / Tea / Biscuits
09:00 – 09:10 INTRODUCTION – Alan Brown – NEFF Chair
09:10 – 09:40
Richard Gill – Official Receiver
Whilst the majority of insolvencies are genuine financial failures, official receivers’ investigations identify those who cause financial harm to others. The culprits’ behavior may range from negligence or mismanagement of their affairs through to serious dishonesty and fraud. Richard is familiar with using statutory powers to investigate such cases, to recover money for creditors and take civil action against those involved.
09:40 – 10:10
Robert Clarke – Insolvent Investigations
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, whilst the teams also refer criminality to internal prosecutors and work closely with criminal investigators to support the criminal enforcement regime. Their powers also extend into Scotland
10:10 – 10:40
Sarah Heath – Companies Live
The Live Investigations Team has civil powers to conduct confidential enquiries into limited companies where it has received information that indicates that the company is not trading in the public interest or there is serious corporate abuse, such as fraud or a scam, 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 they have more appropriate powers to deal with any misconduct they identify and they also cover Scotland.
10:40 – 11:00 Coffee Break
11:00 – 11:30
Melanie Keeley – Criminal Investigation Team (CIT)
The Criminal Investigation Teams were an addition to The Insolvency Service’s range of in-house services from January 2018 and provide the lead in tackling criminality within the insolvency regime. With teams based in four regions of England and Wales, each one contains a wealth of expertise gained within the law enforcement community over literally hundreds of years. Mel will describe their work 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.
11:30 – 12:00
Debbie Churaman – The Insolvency Service Legal Services Directorate
Introducing the work of Legal Services Directorate at the Insolvency Service. Providing an insight into the work of the prosecutors at the Insolvency Service, the challenges and successes.
12:00 – 12:30
Sarah Woods – Intelligence Team (including Financial Investigation Unit)
The Intelligence Team acts for the whole of the Insolvency Service and receives a range of requests for information and assistance. The team acts as a gateway for sharing information and developing intelligence packages for both internal and external investigations. As an Intelligence Officer Sarah acts as the Single Point of Contact for a number of external organisations including the Financial Conduct Authority, GAIN and Land Registry looking at ways the agencies can share information in order to tackle financial wrongdoing.
12:30 – 12:45 Questions and Answers
12:45 Event Close