It will happen to you: You order things, and you pay them in advance. The items are never delivered. The BV goes bankrupt and you are left empty-handed. It happens often enough. A trustee then tries to distribute what is left in the company as fairly as possible among the creditors. For that he needs the administration. It also happens that the director has not kept records, or that he refuses to hand them over to the liquidator. As a result, the liquidator cannot properly represent the interests of the creditors. We are talking about bankruptcy fraud here.
Yesterday, the Public Prosecution Service (OM) demanded an 18-month prison sentence in Amsterdam court against a 46-year-old suspect without a permanent place of residence or residence in the Netherlands, because of three bankruptcy frauds. It is not the first time the man was on trial for bankruptcy fraud, the officer said: “In 2013 and 2016, the defendant was also involved in bankruptcy fraud. On 24 May 2017, he was sentenced by the court in Amsterdam to 26 months in unconditional imprisonment. ” That punishment is not yet irrevocable, because the suspect has appealed.
The investigation by the FIOD started as a result of a declaration by the bankruptcy trustee. The investigation shows that two companies of the man went bankrupt and in the opinion of the OM he committed fraud. In addition, according to the OM, he also committed bankruptcy fraud with his private bankruptcy. The suspect offered payroll services to his clients through his companies, but did not, among other things, pay the payroll tax and turnover tax to the tax authorities. It’s about tons. One company went bankrupt in 2017 and the other in 2018. According to the OM, the suspect did not keep any mandatory records or did not hand them over to the bankruptcy trustee. In addition, the defendant refused to provide further information.
The officer spoke on session about serious facts: “The suspect has not complied with the obligation incumbent upon him to keep, keep and keep a transparent administration and / or provide. As a result, creditors, including the tax authorities, are disadvantaged in their means of redress. This action can be called extremely bad, “ he said: “Not only because the duped creditors suffer financial damage, but also because such forms of fraud affect the trust between entrepreneurs, which is essential for a properly functioning trade.”
Civil administration ban
“In this case we are dealing with three bankruptcies in which these duties have been violated by the accused,” said the officer: “In addition, as I have already indicated, we are dealing with someone who does not know how to stop and who had previously – albeit not irrevocably – been given an unconditional prison.” At the request of the Public Prosecution Service, the man had already received a civil administrative prohibition in June from the court. “This to stop him” said the officer. Given the seriousness of the facts, the officer demanded an 18-month prison sentence.
The court will rule in two weeks.