A sham and abuse of the public’s trust: Intelligence UK International reports on how the Insolvency Service is a disservice to creditors. Dean Beale, the CEO and Inspector General, perverts the course of justice, employing criminals as “Official Receivers” in knowledge that they lie, cheat and defraud creditors, whilst the politically controlled judiciary assist them.
In order to operate, a wind turbine needs a connection to the electricity grid. The corrupt judges involved and the Insolvency Service have a problem with that fact, as they do contractual law. They use the slogan “delivering economic confidence”, but who for? This article reveals all.
Insolvency – a license to defraud
Dean Beale (pictured left) is the Chief Executive and Inspector General of the Insolvency Service. Beale replaced Sarah Albon, his predecessor who was, like Beale, also pathologically dishonest and morally bankrupt. On the right is Kate Shrimplin, the former head of Insolvency Service Prosecutions who perverted the course of justice, concealing the same fraud. She has now moved to the HSE, funded by the taxpayer, along with Albon, who now sits as HSE Chief Executive. They should both have been jailed for perverting the course of justice and misconduct in public office.
Unlike Albon, who had no knowledge of insolvency whatsoever, at least Beale is from the right background, so he knows rules and the laws, but he actively conceals and flaunts them anyway. The .Gov website reports that Dean Beale himself was previously an Official Receiver, acting as a trustee in bankruptcy and liquidator, and “has undertaken many insolvency-related investigations”.
As Inspector General of the Insolvency Service, it is Beale’s primary duty to regulate Official Receivers and insolvency office holders, to ensure that they act in the public interest to recover assets for creditors of insolvent estates and to prevent creditors from being defrauded.
We have been investigating Beale and his cohorts for quite some time, across a number of cases. We installed pixel tracking into the documents and emails we sent him over six-months. We reveal our findings.
The duties of an Official Receiver / Liquidator
A liquidator is the officer appointed when a company goes into liquidation who has responsibility for collecting in all of the assets of the company and settling all claims against the company, before putting it into dissolution.
A liquidator is also an officer of the court and is under the duty as defined in (Ex parte James) to act in an honourable fashion. Honourable, means acting with honesty and integrity.
Liquidators have a duty to act in the interests of creditors and contributories generally and as such must exercise a high standard of care and skill. They must always act impartially and independently.
A liquidator has a duty to creditors, in addition to his/her duty to the company, to not act in such a way whereby a breach of that duty might cause creditors some loss.
In Pulsford v Devenish [1903] 2 ch.625 it was held that the liquidator had been negligent in his statutory duty and was liable in damages to unpaid creditors of the liquidating company of whose claims he was aware and who had no notice of the liquidation until long after the dissolution of the company.
Fraudulent claims are widely used to defraud creditors
In Re Windsor Steam Coal Co [1929] 1 Ch 151 it was said that: “The liquidator’s misfeasance may consist of negligence in admitting to proof claims against the insolvent estate without making proper inquiry”.
What about when a liquidator colludes to defraud creditors by accepting a knowingly false proof of debt?
Well, we can prove that in those circumstances, the Inspector General and other white-collar criminals, including Lord Callanan, the Parliamentary under Secretary of State, actively collude to conceal the fraud, working against the public interest to prevent the perpetrators from prosecution, so they can go on to defraud time and time again.
These absolutely corrupt, dishonest individuals in the Insolvency Service, including Beale, work to defraud creditors. They rely on the corrupt judiciary to continue the concealment, “propping them up” and preventing justice being served.
We set out the chronology below, in a few simple sentences, that anyone can understand:
In the UK, the system and the courts are so corrupt, you cannot rely on the terms of a completed contract, let alone officers of the court to act according to their roles
On 1st December 2016, Anthony Hannon, the corrupt Official Receiver of London, acting as liquidator of Empowering Wind MFC Ltd accepted a proof of debt from Middlesbrough FC in the sum of £256,269.89, being the unwarranted demand made on 25th June 2015 that Middlesbrough FC used to unlawfully forfeit the Lease, knowing that no money was owed.
The claim comprised of £181,269.89 in invoices for energy supply, when the Energy Supply Agreement was conditional upon the developer’s “satisfaction in full” of “entering into a connection agreement”, which Middlesbrough FC refused, and, “commissioning” of the wind turbine (meaning to connect the capital equipment to the grid so that the turbine could first generate power).
In absence of fulfillment of those two conditions precedent, there was no “Entitlement to agreed output” (agreement to supply power) and any “invoicing & payment” was also contractually prohibited. As they all knew therefore, the invoices they raised for energy supply were contractually prohibited, and no rent was ever owed.
Clearly Hannon knew, as did Beale, that the developer could get no satisfaction of entering into the connection agreement, because Middlesbrough FC, who they were working for to defraud the developer and fellow creditors, refused the connection, preventing it being entered into. They have been using insolvency to defraud creditors and to prevent justice being served and the corrupt judiciary assist them, providing impunity to fellow racketeering white-collar criminals disguised as lawyers.
On 20th December 2016, Hannon accepted the second proof of debt from Middlesbrough FC, this time in the sum of £541,308.89, of which £466,308.89 was for energy supply.
On 9th January 2017, during an ex-parte hearing called on by Middlesbrough FC, Ulick Staunton, their barrister acting, openly admitted in court that “For the purpose of the Energy Supply Agreement, Force Majeure has effect“.
They all knew therefore, including Hannon and the Insolvency Service, who had that note of hearing in their possession on the same day, that no claims could possibly be established, because Force Majeure applied solely in favour of the developer, after Middlesbrough FC refused the connection.
Ulick Staunton, barrister for Middlesbrough FC lied about Force Majeure in the lease
In the same transcript of that hearing on 9th January 2017, Staunton admitted that he knew the effect of Force Majeure in the Lease, would do precisely what it did in the Energy Supply Agreement:
MR STAUNTON: The respondent argues constantly about force majeure. Can you turn back to p.22, please? There is a definition clause for force majeure. The very curious thing is, although it is part of the definition clause of the lease, there is no further mention in the lease of force majeure, what happens should circumstances of force majeure arise. It is very curious.
MR JUSTICE ARNOLD: Right. Yes, that is odd.
The opening paragraph of the statutory demand presented against Middlesbrough FC by the developer referred to Force Majeure at clause 6 of the Lease. It was that statutory demand that originated their ex-parte (without notice) injunction hearing. They withheld 172-pages of witness evidence, including the 3 connection contracts, proving that Middlesbrough FC refused the connection. Arnold just assisted them in using the court to defraud, then later worked very hard to cover up their fraud.
MR STAUNTON: So it does not appear on the face of this document that any event of force majeure excuses Empowering Wind from paying the rent. Where you do find force majeure is, if you turn on to the energy supply agreement, p.51, it has an effective force majeure clause.
In the statement above, Staunton admits that he knew that the effect of Force Majeure in the Lease would excuse the developer from paying rent. This is because the delay of Force Majeure occurred just 96-days into the 12-month period free of rent from which the developer had to commission the wind turbine. The delay of Force Majeure was successfully resolved on 23rd December 2014 and from then on, the developer had a further 269-days free of rent from which to commission the turbine.
It was for that reason that Staunton lied about the operative provision of Force Majeure in the Lease, which is at Schedule 5 of the Lease – Agreements & Declarations, clause 6.
MR STAUNTON: If you turn on to p.54, you will see the force majeure definition about two-thirds of the way down the page. It is slightly different to the definition of force majeure in the lease, but that’s neither here nor there in my submission, but this does have effect because if you turn on to p.57—-
MR JUSTICE ARNOLD: Yes.
MR STAUNTON: — cl.3.1.2, there is an obligation to pay sums, and p.60, cl.6, does have an effective force majeure clause. Now, I do not have, in the evidence, any answers to why there is an effective force majeure in the energy supply agreement but not in the lease, but that is the evidence before you.
The highlighted snapshot below is the operative provision of Force Majeure in the Lease (page 29 of the Lease “Schedule 5 – Agreements & Declarations”) but Arnold, also being 100% corrupt and dishonest, did not even bother to look, he just worked with Staunton to defraud the developer, knowing that the statutory demand could not be disputed. Undoubdtely the hearing and the outcome was pre-determined.
MR JUSTICE ARNOLD: Okay.
MR STAUNTON: Now, the rent was not paid and there was a demand, forfeiture. Can you turn to p.66? There is the invoice for the rents.
Staunton knew that even if Middlesbrough FC did refuse the connection after making a ransom demand for £256,269.89 that was never owed on 25th June 2015, had they not done that, the first installment of rent was not payable until 17th September 2015, so he lied about the existence of the Force Majeure clause in the Lease. On 19th August 2015, after refusing the connection, Middlesbrough FC unlawfully forfeited the Lease.
Under Dean Beale’s management, the Insolvency Service and the entire sector it regulates is a hotbed of fraud
Anthony Hannon has a long and well-established track record in the public domain of lying in court and defrauding creditors, but Hannon is retained in public office by Beale and other unconstitutional BEIS Ministers.
In one such complaint, dating all the way back to 2007, a company creditor and director made some observations that are all too familiar in our investigation of the Insolvency Service, one such headline being that:
“…since his appointment Hannon has shown himself to be dishonest; has knowingly misled to the former Directors of the Company, his employers and the Government solicitors; has provided information to the Courts that he knew was incorrect and misleading, and most damning of all Hannon has misled the Peterborough police and the Peterborough Magistrates Court in an attempt to get my son a criminal record for threatening behaviour”
“Hannon’s bosses do nothing to protect people from Hannon
Even in light of a mass of evidence that Hannon has misled all parties involved, Hannon, an appointee of the Court, is still acting. It is a scandal that someone who is immune from prosecution can get away with misleading the Courts, lying to the police and attempting to pervert the course of justice”
Hannon was deployed by the court to act as liquidator of Empowering Wind MFC Ltd after it’s sole trading interest was vandalized by Middlesbrough FC, owned by the Teesside Tory Politican, Steve Gibson.
Rather than act in the interests of creditors, he accepted three fraudulent proofs of debt, with the third exceeding £4.1 million, to prevent creditors from calling a meeting to replace him, so that he could go on to dispose of the company, defrauding creditors of over £10 million.
Dean Beale assisted him, aiding and abetting the fraud and ensuring everything was covered up. The problem is, that corruption and fraud runs from the top down.
It’s not just Hannon and Beale, but the majority of the Insolvency Service examiners and Official Receivers are pathologically dishonest and corrupt. They are only too willing to defraud and engage in this conduct, as long as they are paid irrespective of performance and the leadership conceal everything for them, that’s all that matters.
24-days after their own barrister admitted that no energy supply payments could be owed because “Force Majeure has effect”, Julian Gill of Womble Bond Dickinson claimed over £4.1 million.
Of the proof of debt made by Julian Gill of Womble Bond Dickinson on 2nd February 2017, £75,000 was for rent that was never owed and £4,036,874.75 was pursuant to the conditional Energy Supply Agreement.
On 26th January 2017, exactly one-week before Hannon and Campbell (the Insolvency Examiner) accepted the 3rd fraudulent proof of debt to defraud creditors, Campbell responded to the developer’s detailed email, once again referring to the conditional Energy Supply Agreement and explaining that Middlesbrough FC refused the connection:
At page 1, Anthony Campbell, the Insolvency Examiner working under instruction of Hannon, first announced to the developer that Middlesbrough FC had made a second claim in the sum of £541,308.89.
Campbell was lying, seeking to conceal the fact that the first claim (which meets the criteria of proof set out in rule 14.4 of the Insolvency Rules 2016) had been in Hannon’s possession since 1st December 2016 and that Hannon had constantly lied about it, when under rule 14.6 of the Insolvency Rules 2016, Hannon is under a legal duty to disclose.
It does not take a rocket scientist to conclude that the proof of debt, dated 25th June 2015, was in possession of both Hannon and Campbell, which is why he himself referred to it in (page 1) of that email above.
Of course, £256,269.89 plus the balance of £285,039 for “lost rental and free energy supply”, does not equate to £540,039, but it it makes £541,308.89. They call themselves accountants? They are proven liars and cheats that can’t even get their sums right, let alone acting with common sense or integrity.
Additionally, the claim of £285,039 was not for “lost rental”, but, as he knew, it was for energy supply that Staunton, Middlesbrough FC’s barrister had admitted could not be established on 9th January 2017, just 17-days prior. Campbell was trying to conceal the proof of debt claim, the unwarranted demand with menaces in the sum of £256,269.89 exhibited below:
Page 3 of the email that Campbell responded to, once again set out the conditional terms of the completed Energy Supply Agreement, whilst also telling them that Middlesbrough FC refused the connection.
The unwarranted demand in the sum of £256,269.89 used to unlawfully forfeit the Lease after Middlesbrough FC refused the connection
In the Energy Supply Agreement, the “Start Date” is defined as the date the conditions in clause 2 are satisfied (See page 3 of the email Campbell responded to above). Middlesbrough FC, their purported lawyers, Womble Bond Dickinson and Staunton all knew that Middlesbrough FC refused the connection.
They refused the connection, preventing the developer from performing on the rights granted, and then invoiced for energy supply they prevented from being supplied, when any “invoicing & payment” was contractually prohibited and that in absence of the developer’s “satisfaction in full” of “entering into a connection agreement”, there was no agreement to supply any power whatsoever.
Moreover, by their own barrister’s written and oral admission during that hearing, “Force Majeure had effect”, because they refused the connection and that the option to lease and the lease was for the developer to; “construct, connect to the grid, and operate the wind turbine”.
It mattered not, Hannon and the Insolvency Service accepted the blatantly fraudulent claim exceeding £4.1 million to prevent justice being served on Middlesborugh FC, because Steve Gibson is a Tory politician and Bloom, the former senior partner of Womble Bond Dickinson is a personal acquaintance of Buckland, the white-collar criminal former Lord Chancellor who was recently sacked.
Hannon was adamant that he would retain the fraudulent £4.1 million claim, and he did so throughout, even after Nugee J found, on 5th February 2018 that Middlesbrough FC did unlawfully forfeit the Lease and that no money was ever owed to them. They all knew therefore, that the claim, founded by unlawful forfeiture of the Lease, was a very substantial asset to be realised for the developer and fellow creditors.
The letter 26th September 2017 to Anthony Hannon from GMR Consulting a fellow creditor
After consistently failing in his duty to remove the claim, GMR Consulting, a creditor of the wind turbine sole purpose vehicle also wrote to Hannon objecting to Middlesbrough FC’s fraudulent £4.1 million claim. Once again, he did nothing:
Even after receipt of that letter from another aggrieved creditor, knowing that the proof of debt claim by Middlesbrough FC is blatantly fraudulent, Hannon did nothing other than retain it, so he could prevent the developer and his fellow creditors from replacing Hannon, the criminal, who was abusing his position to defraud them.
The order of 5th February 2018 finding that Middlesbrough FC unlawfully forfeited the Lease and that neither rent or energy supply was ever owed (stating the obvious)
During the hearing of 5th February 2018, which was also rigged by Nugee, a close personal associate of Staunton who resides close to him in Islington, Nugee worked very hard to prevent the offenders from being prosecuted and to conceal Staunton’s blatant dishonesty.
In the transcript of that hearing, when the proofs of debt were found to be false, Nugee and Ms Jones QC, also a deputy High Court Judge commented that:
Ms Jones: You will see a definition of start date about two thirds of the way down the page.
Nugee J: Yes.
Ms Jones: And then over the page on page 57, under Commencement and Term, under Term it provides that:
“The provisions of this agreement, other than clauses [3.1 to 3 and] 3.1 to 3.3 and 4 shall be effective from the date of this agreement. Clauses 3.1 to 3.3 and 4 shall commence on, and be conditional on, the satisfaction in full of the following conditions for precedent.”
And then 2.1.1 is the occurrence of commissioning and the second is the generator entering into a connection agreement in respect of the equipment.
Nugee J: Yes.
Ms Jones: There, there is a recital of what had happened.
Nugee J: £541,000 and then 4. —
Ms Jones: Yes, and then 4.1 million.
Nugee J: Yes, I don’t think I know how those sums are made up.
Ms Jones: No, I’m not sure I do either —
But both Jones and Nugee knew they were just that, made up, fraudulent claims made to defraud creditors, because the claim, founded by unlawful forfeiture of the Lease is a proven, very substantial asset to be realised for creditors.
At paragraph 3 of the resulting order, Nugee found this:
“…in effect, all Middlesbrough’s fault for failing to enter into an agreement called the connection agreement. The upshot of that was that EW was unable to generate any money, that meant it was neither able to pay rent under the lease, nor to pay what were quite substantial charges ostensibly payable under something called the energy supply agreement“
Whilst Nugee is a proven liar and a cheat who perverts the course of justice, and whilst he did altogether fail to make any mention of the fact that on 9th January 2017 but long prior the offenders knew the claims they were making were false and therefore they knew what they were doing was dishonest, he did find that:
From paragraph 4 of the order:
“on the basis of those matters Middlesbrough demanded payment of money from EW, terminated the Lease for non payment and subsequently appeared as a supporting creditor”
The claim they made as a supporting creditor was, unsurprisingly, the claim in the sum of £256,269.89 for rent and every supply that was never owed. Even after being shown this judgment, Hannon, Beale and the Insolvency Service, still retained the fraudulent £4.1 million claim, knowing all the claims are false.
On 15th August 2018 during a recorded call Hannon admitted his and the Insolvency Service’s motive in retaining the £4.1 million claim to defraud creditors
We produced an illustrated short video of the call between Mr Millinder, the developer and Hannon, who explained to Hannon once again that the £4.1 million claim is fraudulent and that Nugee J had found the claims to be false.
At page 7 of the transcript of the call (AH = Hannon) (PM = Millinder, the developer), we recite the admission:
AH: Well, Middlesbrough Football Club are something like 85 or 90 percent from memory.
PM: Yeah but they are not though, because the claim doesn’t exist. How can you put something in that doesn’t exist?
AH: Middlesbrough Football Club are the overwhelming majority creditors they have more than 75% and therefore unless you can get Middlesbrough Football Club to support, er, er a request, er, you cannot garner the necessary support
PM: Right, cos they’ve even admitted its false. Even Staunton’s admitted its false. The Bar Standards Board have admitted its false, everyone’s admitted its false. So, why are we having this debate on something that’s false? 9
AH: Em, well I make no comment on what you’ve just said, other than I point out that I don’t care if the world and his dog express an opinion
PM: Yeah but your meant to act in my interests
AH: Er, Mr Millinder, please, let me speak
On 12th November 2018, Ulick Staunton “U-turned” on the fraudulent claims he had been defending in court, after admitting they were false on 9th January 2017
In his skeleton for Middlesbrough FC dated 12th November 2018, page 12, paragraph 37, Staunton openly admitted that he had “U-turned on the claims”. Vos, the then Chancellor of the High Court asked Staunton to retract and replace his skeleton, so that Vos could come in to further conceal (perverting the course of justice).
Even after being presented with this categoric proof that Middlesbrough FC’s own barrister had retracted the claims in writing, the Insolvency Service and Hannon still retained the fraudulent £4.1 million claim to defraud creditors of the multi million pound damages claim, founded by proven unlawful forfeiture of the Lease:
Hannon was provided with the admission from Staunton that he had “U-turned” on the claims, the Insolvency Service still retained the fraudulent £4.1 million claim to defraud creditors and to prevent justice being served on Middlesbrough FC. They were safe in knowledge that the corrupt judiciary, in particular Vos, who now sits as Master of the Rolls, would continue defrauding the developer and his fellow creditors.
On 8th February 2018, Vos the then Chancellor of the High Court continued to conceal the blatant fraud
Geoffrey Vos, who has now been given a promotion to “Master of the Rolls”, head of the UK civil justice system, had before him on 14th November 2018, an application asking the court to adjudicate on the fraudulent claims where Registrar Jones, the white-collar criminal insolvency registrar, now known as “ICCJ Jones” perverted the course of justice and retained the claim to assist the offenders.
Vos, sitting in the Insolvency Court was asked to exercise his duty of inquiry and remove the fraudulent claim that was preventing the developer from appointing a liquidator in place of Hannon, the criminal. The developer had already engaged with a licensed insolvency practitioner who had agreed to assign the right of action to the developer on pre-agreed terms.
Vos had before him the finding of Nugee J made on 5th February 2018 (235-days prior to the application being made), that it was already tried and proven that the claims were false. Page 3 of the application notice that was before Vos cited precisely that.
Paragraph 7 of the application notice referred to the fact that £4,031,664.80 was for energy supply when there was not “Entitlement to agreed output”. On both grounds, Vos had absolute categoric proof that the claims, all of them, are fraudulent. Vos concealed the fraud, failing to do anything that the application sought to have done, whilst retaining a false instrument civil restraint order against the developer to further conceal the fraud.
In his judgment, Vos cited that the £256,269.89 fraudulent claim used to unlawfully forfeit that Nugee had already found to be false was a “quantified claim for rent“, but whilst retaining the claim of over £4.1 million to continue assisting Hannon, Womble Bond Dickinson, Staunton and Middlesbrough FC in using insolvency to defraud creditors.
It is clear that the Insolvency Service was wholly reliant upon the corrupt judiciary continuing the fraud and concealment and, they did precisely that.
The law
It is the duty of the Insolvency Service and its officers to act in the interests of creditors. Instead, they defraud creditors, and their preferred method is precisely what Hannon and his conspirators have done, when any lay person could determine, in less than 5-minutes that the claims, all of them, are false.
The Insolvency Court has a duty of inquiry and it is not res judicata to set aside any debt in insolvency proceedings whenever a prima facie case is made out to impugn the debt, even if the debt is confirmed by judgment, and even if there had been an application to set aside, and even if that application failed and a subsequent appeal failed.
Even in light of this, Vos and the other criminals purporting to be “honourable” judges, “stepped into the shoes of the fraudsters” and the Insolvency Service, to assist Middlesbrough FC in using the façade of “justice” and insolvency law to defraud.
The letter to Dean Beale, Inspector General of the Insolvency Service, from Anthony Stansfeld, Police & Crime Commissioner for Thames Valley dated 31st October 2019
Mr Stansfeld immediately identified that the proof of debt was false, and wrote to Dean Beale, Hannon and Kate Shrimplin (a barrister and head of BEIS / Insolvency Service Prosecutions). They all ignored the letter and continued retaining the fraudulent proof of debt to defraud Empowering Wind MFC Ltd company creditors:
In full knowledge that the claim that vests in Empowering Wind MFC Ltd is a very substantial, multi million pound asset, proven by unlawful forfeiture of the Lease, the corrupt judiciary colluded with the Insolvency Service to defraud creditors, later making false instrument, void restraint orders against Mr Millinder, the developer, to further conceal this blatant and heinous fraud.
They all knew, from the outset, since before 19th September 2016 when Middlesbrough FC fraudulently claimed to be a creditor, then in the sum of £256,269.89, that the claims were all fraudulent, but they concocted and accepted more, to prevent Mr Millinder and his creditors from gaining recovery of the company’s assets.
The purpose of a liquidator and the Insolvency Service is to recover assets for creditors of companies in liquidation and to prevent creditors being defrauded, they do precisely the opposite.
Dean Beale, Katie Shrimplin, Anthony Hannon and Anthony Campbell all knew that the claim was proven, but they conspired to defraud creditors, whilst the corrupt judiciary assisted them. This is a prime example as to how the corrupt UK establishment behave. The rule of law and justice is non-existent and the judiciary are politically controlled.
It was that proven claim, exceeding £10 million that was to be recovered for the company creditors pursuant to rule 14.25(5) of the Insolvency Rules 2016:
“5. However if all or part of the balance owed to the company results from a contingent or prospective debt owed by the creditor then the balance (or that part of it which results from the contingent or prospective debt) must be paid in full (without being discounted under rule 14.44) if and when that debt becomes due and payable”
On 31st March 2020, Hannon and the Insolvency Service dissolved Empowering Wind MFC Ltd after retaining the £4.1 million fraudulent claim. No meeting of creditors ever took place, for Hannon sustained that claim, in breach of his duty, to defraud its creditors of that hugely valuable proven asset.
The justice system is a criminal racketeering enterprise and insolvency is a license to defraud.
In our next article we shall expose how Kate Shrimplin, the head of Insolvency Service Prosecutions, actively worked to conceal the fraud whilst perverting the course of justice, colluding with the corrupt York Magistrates Court and the Attorney General’s Office to prevent Hannon from being prosecuted.
We have invited Number 10, the new Lord Chancellor, Dominic Rabb, also a solicitor, Dean Beale, Kate Shrimplin and BEIS Ministers to comment on this article and we shall post their comments in that follow up article.
The corruption is off the charts. UK is finished.
Then they put a restraint order against Mr Millinder to cover it all up. Where are the press newspapers when all this is going on?
This is a public outrage. Shows that the courts are extremely corrupt and the Insolvency Service is worse. This is all coming from the top of government.