Ban and tagging for directors who abused Bounce Back Loan scheme

Three businessmen each claimed the maximum £50k Bounce Back Loan and one dissolved his company to avoid repayment

Ivan Hristov Fratev, 57 and Bradley Malone, 57, both from London, and Ryan William Moir, 34, from East Sussex, have been banned from running businesses for a total of 26 years, after each separately claimed £50,000 for their companies in breach of the loan scheme’s rules.

Fratev was also given a 2-year suspended sentence with 4 months’ electronically tagged curfew, at Snaresbrook Crown Court on 23 June 2023, in addition to a 6-year ban, for dissolving his business after taking out the loan. The judge also included 15 days rehabilitation activity requirement (RAR) as part of his suspended sentence.

Fratev was the sole director of Chingford-based BI&F Ltd, which traded as a construction, security and extermination business from premises in Alpha Road. In May 2020 he applied for the maximum £50,000 Bounce Back Loan, designed to help businesses keep afloat through the pandemic.

But within two weeks of the money arriving in the company bank account, Fratev applied to dissolve BI&F Ltd, without informing the bank that had loaned him the money. Failure to notify creditors of plans to strike off a company is a criminal offence.

He was caught through powers granted to the Insolvency Service in December 2021, which allow it to investigate directors of dissolved companies who are suspected of closing their business to avoid repaying Covid-19 support loans.

Peter Fulham, Chief Investigator of the Criminal Investigation Team at the Insolvency Service said: “Covid-19 financial support schemes were funded from the public purse to support genuine businesses during the pandemic. Directors who abused the scheme have exploited taxpayers.

“This two-year suspended prison sentence, along with a curfew order and a 6-year disqualification, reflects the thoroughly dishonest conduct of Ivan Fratev and should serve as a warning to others who engaged in such behaviour.

“The Insolvency Service will act to remove directors who abused Bounce Back Loans from the business arena.”

In another case in London, Bradley Malone, the sole director of ONENETPRINT Ltd, a print business trading from Palmers Road in East London, applied for the maximum £50,000 Bounce Back Loan in June 2020, stating that his company’s previous year’s turnover was £200,000.

The Bounce Back Loan scheme allowed a business to borrow between £2,000 and up to 25% of the company turnover in calendar year 2019, with a maximum loan of £50,000.

The company went into liquidation in February 2022 owing the full amount of the loan, which triggered an investigation by the Insolvency Service.

Malone told investigators that, during the application process, he had merely clicked ‘next’ on his phone, and the money arrived within the hour. But investigators discovered that Malone had in fact overstated the company’s turnover for 2019 in the application, to claim the maximum £50,000 loan.

They found that the company’s actual turnover for that year had been around £90,200, meaning ONENETPRINT Ltd had received around £27,400 more than it was entitled to, under the rules of the scheme.

In a third case, Ryan Moir, sole director of East Sussex-based Croxton Group Ltd, which traded as a builder from Green Street industrial estate in Eastbourne, applied for the maximum £50,000 Bounce Back Loan on behalf of his company in May 2020. He stated on the application that Croxton Group Ltd’s turnover the previous year had been £250,000.

When the company went into liquidation in May 2022, it owed around £184,500, including more than £49,400 towards the Bounce Back Loan. An investigation by the Insolvency Service showed that the company’s 2019 turnover had in fact been less than £21,000, meaning that Croxton Group Ltd had received almost 10 times more than it had been entitled to under the rules of the scheme.

The company’s liquidators are taking action to recover the money.

Malone and Moir were both banned from being company directors for 10 years, after the Secretary of State for Business and Trade accepted disqualification undertakings from each director. Malone’s ban began on 17 July 2023, and Moir’s began on 19 July 2023. Fratev’s court-ordered 6-year disqualification started on 23 June 2023.

The bans prevent the former directors from becoming involved in the promotion, formation or management of a company, without the permission of the court. In addition to his ban and two-year suspended sentence, Fratev is also subject to 4 months’ electronically monitored curfew between 7pm and 7am, and was ordered to pay court costs of £500.

Tip of the Iceberg

Tough action’ taken against company directors for COVID-19 financial abuse

  • 459 directors were disqualified in 2022-23 for abuse of the pandemic financial support schemes, with average disqualification length of seven years four months, up from five years ten months last year.

Over 450 directors have been disqualified by the Insolvency Service in 2022-23 for abusing the COVID-19 financial support scheme, as the agency continues to clamp down on pandemic fraudsters.

Figures published today by the Insolvency Service also show that directors guilty of COVID-19 related misconduct are being hit with longer disqualification periods. The average length of bans handed out to directors in the last year was seven years four months, up from five years ten months in 2021-22.

Of the total 932 director disqualifications obtained by the Insolvency Service in 2022-23 – 459 were cases involving COVID-19 financial support scheme abuse.

In addition to its civil enforcement action, the Insolvency Service also brought criminal prosecutions against six directors in 2022-23 for COVID-19 related misconduct. All of the prosecutions resulted in a conviction and resulted in immediate imprisonment in one case.

Dave Magrath, Director of Investigation and Enforcement at the Insolvency Service, said: “These fraudsters are just the latest to find out that we will not hesitate to take firm action where we uncover such abuse, and this can ultimately result in a jail sentence.

“The purpose of the Bounce Back Loan scheme was to support businesses during the pandemic, but it is clear a minority of company directors chose to maliciously abuse the scheme and defraud the taxpayer. Our team of experts continue to work round-the-clock to bring these criminals to justice.”

In three of the most recent cases, Bahar Dag was sentenced at St Albans Crown Court to two years six months in prison, with her husband Baris Dagistan sentenced to two years, having both pleaded guilty to offences involving a fraudulent application for a Bounce Back Loan.

Bahar Dag had claimed the full £50,000 Bounce Back Loan by stating the company’s turnover was £200,000. However, it was closer to £40,000. When Insolvency Service investigators made contact, and the couple realised they had been caught, they repaid the Bounce Back Loan in full.

Separately, Jubelur Rohman, sole director of Better Day Ltd which gave its business address the Indian Ocean restaurant in Wrexham until 2019, has been disqualified as a director for 11 years following an investigation into his company’s £50,000 Bounce Back Loan obtained in October 2020.

After his company went into liquidation in 2022 with debts over £150,000, Insolvency Service investigators found it had in fact ceased trading in October 2019, with the restaurant currently at the address being owned by a different company. But the rules of the Bounce Back Loan scheme were clear that businesses had to have been trading on 1 March 2020 to be eligible for any funding.

Rohman took out over £40,000 in cash from the company’s bank account between October 2020, when the loan money was received, and March 2021. Yet there was no evidence to show the funds had been spent for the economic benefit of the company.

In another case, Craig McCourt, the sole director of Craig McCourt Electrical Services Ltd, an electrical installation company in Ross-shire, has been disqualified as a director after he applied for Bounce Back Loan funding on two separate occasions, despite his company having already ceased trading and therefore not eligible for any financial assistance.

Although he later dissolved his company, he was caught thanks to new powers granted to the Insolvency Service which enable it to investigate directors of dissolved companies, particularly where bosses are suspected of using this as a tactic to avoid repaying taxpayer-backed Covid-19 support money.

At the point he dissolved the company in October 2020, nearly all its £20,000 Bounce Back Loan remained outstanding. The company was identified on government counter-fraud systems and under the new powers – which came into effect in December 2021 – the Insolvency Service launched an investigation.

Investigators discovered that not only had Craig McCourt Electrical Services Ltd not been trading since September 2019 – meaning he had breached the terms of the scheme when he applied for the loan – but he had immediately transferred the £15,000 loan to another bank account.

Investigators then discovered that he had applied for the extra £5,000 top-up loan for the company in November 2020 – a month after the business had finally been dissolved. He had also transferred this money to a separate bank account.

As a result, Craig McCourt has been disqualified for 11 years.

Rohman and McCourt’s bans prevent each of them from directly or indirectly becoming involved in the promotion, formation, or management of a company, without the permission of the court.

Glasgow Bounce Black Loan fraudster disqualified as company director

Brendan Michael Gaughan, 40, from Glasgow has been disqualified as a director for 12 years, after using his companies to take out Bounce Back Loans totalling £135,000 that the companies were not eligible for.

Gaughan was director of three separate property management companies, Gaughan Group Ltd, Gaughan Property Ltd, and Rentl Property Ltd. They were only incorporated in February 2020 and did no business until April 2020.

As a result, they were not eligible for funds through the Bounce Back Loan (BBL) scheme, which was available only to firms that had been doing business on 1 March 2020.

However in May 2020, Gaughan Group received a BBL of £50,000, Gaughan Property received a BBL also of £50,000, and Rentl Property Ltd received a BBL of £35,000.

Gaughan transferred all the funds into a single account and proceeded to use the money to buy a property worth nearly £160,000 in August 2020. He then sold the property in March 2021 for just over £140,000, and on the same day transferred £100,000 of the proceeds to his personal account.

All three companies were put into liquidation on 11 October 2021, which triggered an investigation by the Insolvency Service.

The Secretary of State accepted disqualification undertakings from Brendan Michael Gaughan, after he did not dispute that none of his companies had been eligible for Bounce Back Loans.

He has been banned for 12 years, effective from 27 October 2022.

The disqualification undertakings prevent him from directly, or indirectly, becoming involved in the promotion, formation or management of a company, without the permission of the court.

Steven McGinty, Investigation Manager at the Insolvency Service said: “Bounce Back Loans were made available for trading companies adversely affected by the pandemic.

“Brendan Gaughan should have known his companies weren’t entitled to the loans yet he took them anyway and used the funds for personal gain.

“We will not hesitate to take action against directors who have abused Covid-19 financial support like this.”

Brendan Michael Gaughan is of Glasgow and his date of birth is November 1982.

Gaughan Group Ltd – SC655799

Gaughan Property Ltd – SC655896

Rentl Property Ltd – SC655897

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

Information about the work of the Insolvency Service, and how to complain about financial misconduct.