David John Constable, aged 68, from Buckfastleigh, pleaded guilty to 4 counts of aiding and abetting Mr Murray in the management of two companies and was sentenced to 4 months imprisonment with 150 hours unpaid work. He was also ordered to pay £1,000 prosecution costs.
Mr Murray and Mr Constable’s convictions follow an initial investigation by the Insolvency Service and a criminal investigation and prosecution by the Department for Business, Innovation and Skills (BIS).
Mr Murray was in the construction business. He had provided undertakings in December 2006 and October 2007, for 6 and 9 years respectively, not to act as a director or to be concerned in the promotion, formation or management of a company. In addition he had been made bankrupt (for the third time) on 10 January 2011.
Mr Murray claimed to be merely an employee of the companies concerned, but in fact played a leading role in their formation and management. Mr Constable was appointed director as ‘cover’ for Mr Murray and allowed him to continue to wield authority within the companies, principally South Devon Construction SW Limited.
A feature of Mr Murray’s trading style was to routinely issue cheques to those working for him and to suppliers knowing there were insufficient funds to cover them. He was also in the habit of issuing cheques which he then stopped before presentation or clearing, to avoid satisfying debts.
Mr Murray pleaded guilty to 3 counts of acting in the management of a company whilst disqualified, 2 counts of acting in the management of a company whilst an undischarged bankrupt and 7 counts of fraud by false representation, relating to a number of unpaid cheques.
Commenting on the sentences, Liam Mannall, Deputy Chief Investigation Officer at Department for Business, Innovation and Skills, said:
The Insolvency Service and The Department for Business will take firm action when we find that undertakings given to protect the public and the business community have been breached and where those unfit to manage a company engage in prohibited conduct.
Mr Murray acted with a complete disregard for the law and his conduct left individuals and traders out of pocket. He could not have acted as he did without the assistance provided by Mr Constable.
Notes to editors
South Devon Construction SW Limited (Company number 07445206) was incorporated on 19 November 2010 and was ordered into compulsory liquidation on 14 August 2012.
Mr Eoin Frederick Murray’s date of birth is 9 November 1961.
David John Constable’s date of birth is 4 January 1947.
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. Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.
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. They 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.
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