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Car dealer convicted of failure to keep company accounts

A used car salesman was ordered to do 250 hours of unpaid work after claiming his “illness” prevented him from keeping company records – when he deliberately disposed of them.

John Brian Capper of Shipley, West Yorkshire, was sentenced to an 18-month joint injunction after failing to produce books and records in the liquidation of his business on alleged tax debts of more than £ 654,000.

During the trial, the court heard that the defendant, known as Brian Capper, was the sole director of Ikonic Solutions Limited, selling used cars.

Iconic Solutions was founded in November 2011 and initially worked without any problems. However, in February 2016, Ikonic Solutions Limited was wound up in the High Court as it owed hundreds of thousands of pounds to the tax authorities.

The liquidator has been appointed liquidator and is commencing an investigation against Iconic Solutions Limited.

Capper was asked to provide books and records to the official bankruptcy trustee to help determine the company’s full liabilities, creditors and assets.

However, the used car salesman told the trustee that he had sole control of the company but that he had no books or records due to health problems. The defendant said he lost a laptop with records and all paper receipts were thrown away.

But the Official Receiver noted that all business transactions were transferred to his personal bank account, and in November 2017, Capper received an eight-year disqualification as a director.

The bankruptcy service then initiated criminal investigations before Capper admitted to having deliberately disposed of files for reasons of illness.

Capper pleaded guilty to failure to deliver books and records and to fail to keep the company’s accounting records in Bradford Magistrates’ Court on April 14.

On May 18, Capper was sentenced to an 18-month injunction in Bradford Magistrates’ Court. He was sentenced to 250 hours of unpaid work, with six months of alcohol treatment and 30 days of rehabilitation.

Julie Barnes, chief investigator for the bankruptcy service, said, “As director of the company, it was Brian Capper’s responsibility to ensure that all records are up to date. Instead, the defendant ignored his tax debts and then did not provide any information about what the money was spent on or who was owed.

“As this case shows, we will investigate directors who do not take their responsibilities seriously and will not hesitate to initiate criminal proceedings when appropriate.”

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