The Insolvency Service announced Christopher Bateman and Nicola Fairweather have been banned for 25 years from directly, or indirectly, becoming involved in the promotion, formation or management of a company, without the permission of the court.
The service’s investigations were triggered when two connected companies, GCC Management Ltd and Amek Solutions Ltd, entered into insolvency procedures. Bateman and Fairweather were directors of both companies.
GCC Management was an unregulated company that offered people the opportunity to invest in the purchase of care homes, with the promise of fixed rate returns of 10% to 30%. Amek Solutions advised on and/or arranged investments in GCC Management, the Insolvency Service said.
Investigators found Bateman caused Amek Solutions to breach the Financial Services and Markets Act 2000.
Misconduct included:
- Advising people – many being unsophisticated investors – to transfer funds from their pensions;
- Failing to advise investors to seek independent financial advice; and
- Amek did not have authority to encourage investments.
Finances
Amek Solutions promoted GCC Management’s scheme to at least 133 people, who invested close to £6.3m ($7.09m, €7.27m) from their pensions despite not being protected under the Financial Services Compensation Scheme. Amek Solutions was rewarded by receiving more than £5.4m in commission from GCC Management.
Investigators also looked into the affairs of GCC Management and found that when the company entered into liquidation, investors were owed £13.2m.
GCC Management “produced misleading and unrealistic marketing materials based on a business plan which lacked commercial viability, there were no mitigation plans to help investors if returns couldn’t be made, and the company sent false information to investors about when their returns would be repaid”.
By September 2012, GCC Management only had one operating care home that had generated income, which was much lower than expected. However, the company “continued to push their investment opportunities to dupe more investors”, the Insolvency Service said.
Investigators calculated that at least 243 people invested more than £11.6m with GCC Management. 166 of these investors transferred more than £7.8m from their existing pensions.
From the funds they received through deception, GCC Management made unaccounted payments worth millions that did not benefit the company or its investors. This included £1.4m paid to connected companies Bateman and Fairweather were directors of and another £1.4m to foreign exchange companies.
‘Appalling exploitation’
Robert Clarke, chief investigator for the Insolvency Service, said: “Our thorough investigations uncovered extensive abuse of investors who have lost millions of pounds through Bateman and Fairweather’s deceitful activities.
“Many investors were regular people who were not familiar with investments and were duped to transfer money from their hard-earned pensions.
“The judge commented in court that this was an appalling exploitation of relatively unsophisticated investors. Thankfully Bateman and Fairweather have been removed from the corporate arena for a significant amount of time and this should send a clear message to other company directors that there are serious consequences if you dupe those seeking to invest pension funds to best effect.”
