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Bankrupt given prison term for hiding funds 26 February 2014

For failing to disclose funds and account for payments during his bankruptcy, Anthony Kellett has been sentenced to two years imprisonment.

Following an investigation by the Insolvency Service it was discovered that at the time of bankruptcy, Kellett held £33,160.29 in his estate which he failed to disclose.

In the 12 months before he became bankrupt, Kellett had also failed to account for payments amounting to £97,074.16 out of personal bank accounts.

At the time of the bankruptcy order in April 2010, Kellett stated that he had no assets, having been unemployed and in receipt of benefits for several years.

During an armed robbery, which occurred within weeks of the bankruptcy order, a holdall containing £33,160 in cash was stolen from him.

Kellett maintained that the money had been loaned to him post-bankruptcy, by relatives who were aware of his situation.

However, the relatives were unwilling or unable to provide supporting statements or documentary evidence to the police, and the money was successfully retained by the trustee in bankruptcy.

Regarding the payments of £97,000, at Kellett’s public examination he claimed that he had allowed a third party to operate a business using his personal bank account.

The transactions on the account proved otherwise as they included the receipt of his miner’s pension and maintenance payments to his ex-wife.
The judge presiding over the public examination indefinitely suspended Kellett’s discharge from bankruptcy in November 2011.

Additionally, the court made an order against Kellett for the costs of the prosecution of £14,287.63 to be paid within three months, at the risk of possibly incurring a further sentence.

Mike Williams, deputy chief investigation officer with the Department for Business, Innovation and Skills, said: “This sentence is a reminder to other potential offenders that in bankruptcy, there are severe penalties for failing to provide a full and honest disclosure to the Official Receiver.”

 

 

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