Mark Jenner & Co – Forensic Accounting Services

Mark Jenner & Co is a new specialised forensic accountancy practice based in York.  As a forensic accountant in York it is possible to service clients not only in the North of England, but the firm is ideally situated to work throughout the UK.  Indeed, it is possible to be in London in less than two hours and 9.00 am conferences in the capital are not unusual for Mark Jenner & Co!

One of the major advantages of being based in York is that all major cities and centres of work are easily accessible.  Assignments are regularly undertaken for clients or criminal defence solicitors based all around the UK, from Edinburgh to Weymouth and from Hull to Liverpool.

Mark Jenner & Co has been newly formed in October 2010 by its principal Mark Jenner who has over 16 years experience of working as a forensic accountant specialising in fraud and criminal defence work.  He regularly attends court to give evidence, is asked to speak about fraud matters on local and national news stations and enjoys nothing more than being an integral part of any fraud investigation.  The new firm has been formed as a fully regulated and accredited firm of Chartered Accountants and Mark Jenner is a full member of the Association of Certified Fraud Examiners.

The UK and many other parts of the globe have been going through one of the worst economic downturns that there has been and though many commentators are optimistic about a quick recovery, there are many that are equally pessimistic, claiming that a “double dip” will be inevitable.  Whatever the outcome, times have been hard for many and this is one of the biggest stimulator’s for fraud that there is.  Records show that past recessions that have not been nearly so deep have been followed by a massive incidence in fraud being discovered.  It is anticipated that the current recession will be no different and the levels of fraud being reported are more than likely to rise dramatically over the next five to ten years.  Mark Jenner & Co is prepared to offer high quality services at competitive prices that can make sense when smaller and medium sized frauds are discovered, and which can sometimes otherwise be prohibitive in cost to investigate fully.

Mark Jenner & Co can also provide top level fraud resources within the constraints of any current and anticipated public sector funding cuts – such as by the Legal Services Commission and other fraud regulators.

The firm feels that it is ideally situated in the UK to assist International companies, perhaps based abroad in the USA or Europe etc, who require forensic auditing or investigation services carried out quickly, sensitively and robustly on any of its UK investments or subsidiaries.  Mark Jenner & Co are able to provide these independent forensic accounting services to such remote clients in a way that allows them to more easily monitor or resolve any problems more economically from afar.

Mark Jenner is always happy to discuss fraud problems with potential clients on a no-obligation basis.  Please use the contact form to provide some information about your problem and your contact details and Mark will get back to you quickly.

Mark Jenner BSc MA FCA CFE

Qualifications

BSc Physics at Birmingham University.

FCA Fellow of the Institute of Chartered Accountants in England and Wales. 

CFE Certified Member of the Association of Certified Fraud Examiners.

MA Post Graduate Masters Degree in Fraud Investigation Management at Teesside University.

MEWI Member of the Institute of Expert Witnesses

General Skills

• Fraud Investigation
• Asset Tracing & Recovery
• Business Crime
• Regulatory Assistance
• Forensic Investigation & Litigation Support

Profile

Mark has over 16 years experience in forensic accounting, including investigating and reporting in cases of false accounting, trading while insolvent, money laundering, employee theft, transfer of business to “phoenix” companies, provision of expert accounting assistance in criminal fraud and prosecuting/defending counter claims in civil fraud and commercial litigation.  He is an asset tracing and recovery specialist in cases of insolvency and general fraud.

Mark provides regular accounting, investigation and expert witness advice to regulatory and prosecuting bodies including police fraud squads, the Serious Fraud Office, Department for Business Innovation & Skills (formerly DTI and BERR), Association of British Insurers etc.

Mark has a Master’s degree in Fraud Investigation Management having completed several years of specialised fraud research covering such areas as detection and control of corporate fraud and establishing the positive benefits of using forensic investigation specialists in major fraud trials.

Experience and Skills

Mark qualified as a Chartered Accountant with Ernst & Young in 1992, following a number of years in general management in the UK and Europe.

He combined his commercial experience and financial training by specialising in corporate development, insolvency and business reorganisation.  After a three year period of general forensic work Mark began focusing solely on fraud related assignments in 1997.

Forensic Experience

Mark’s work has included:         

• Investigations for various police forces and other fraud regulators.
• Conducting enquiries on behalf of Companies Investigation Branch under authorities granted through Sections 447 and 453 of the Companies Act 1985.
• Asset tracing and recovery within corporate insolvencies, bankruptcies and civil frauds.  Investigating under Insolvency Act 1986, conducting public examinations in Court under Sections 236 and 366.
• Insurance and banking investigations.
• Commercial dispute resolution.
• Professional negligence cases in matters involving fraud or corruption.
• White collar crime cases and confiscation proceedings, acting on behalf of the prosecuting authorities and defendants.
• Mark regularly attends at Court and at meetings of experts, and is often appointed joint expert for several defendants.  He also provides professional training to Solicitors and Barristers.

Selected projects

Mark’s career highlights have included:

• A number of investigations for the Department of Trade and Industry leading to the successful winding up of over twenty companies found to be operating fraudulently or not in the public interest.
• Investigation into £45 million Hawala style banking operation.  Expert report resulted in HMRC dropping claim for unpaid tax.
• Managed major account reconstruction project for Serious Fraud Office involving several thousand man hours of work.
• Secured multi million £GB repayment from a company on behalf of Association of British Insurers following systematic defrauding by employees of customers of leading national motor industry support company.
• Acting as expert for defence in confiscation matter managed to assist securing reasonable order by Judge of around £600,000 following initial claim by Crown for £30 million.

The cases listed below represent the following areas of forensic accounting work carried out by Mark Jenner & Co:

CRIMINAL DEFENCE EXPERT WITNESS – Forensic accountancy and litigation support services for white collar criminal defence lawyers and their clients.

PROCEEDS OF CRIME & CONFISCATIONS – Expert analysis of the Crown’s S16 reports with the production of a defence expert forensic accountant report.

MONEY LAUNDERING – Expert accounting reports on money laundering indictments and advice on implementing money laundering regulations for organisations.

FRAUD INVESTIGATION – All aspects of fraud investigation, from managing major corporate fraud investigations to seeking asset recoveries or means for safe dismissal of errant employees in smaller frauds.

INSOLVENCY ASSET RECOVERY & ASSET TRACING – Tracing assets in civil fraud and helping victims of fraud to recover losses. Assisting Insolvency Practitioners recovering assets on behalf of creditors that have been taken by directors and bankrupts prior to insolvency.

FRAUD REGULATORY ASSISTANCE – Experienced in helping Police forces present their financial case to the Courts. Expert accounting assistance to the major fraud regulators including the Serious Fraud Office and the Department for Business Innovation and Skills.

FRAUD PREVENTION & FRAUD RISK ADVICE – The most cost effective way to deal with fraud is to prevent it happening and a few simple precautions can reduce the risk of fraud substantially.

A Selection of Recent Assignments

Below is a selection of cases from the portfolio of work where Mark Jenner has acted as accounting expert witness, specialist fraud investigator or fraud case controller:

• 2011 – Higher education providers accused of establishing a “Visa” shop to aid illegal immigration.
• 2011 – Smuggler accused of running adult media distribution company to cover up drug importation.
• 2011 – Support publishing companies pretending to support good causes.
• 2011 – A former career sportsman who invested in loan sharking without a licence.
• 2011 – Car dealers who upset Trading Standards by “clocking” vehicles – the Crown wanted £3 million but took £45 thousand.
• 2011 – £10 million of fraudulent claims for income tax self assessment repayments from HMRC.
• 2011 – A individual who obtained housing benefit on a property – while buying other properties with false mortgage applications.
• 2011 – A man who stole £10,000 but faced a benefit of £half million.
• 2011 – A gangster groupie who pleaded to drug dealing – was able to walk away with half his assets!
• 2010 – Criminal defence forensic accountant in confiscation proceedings involving £35 million benefit assessment. Asset tracing and business reconstruction exercise involving multiple businesses and both local and offshore jurisdictions.
• 2010 – Joint report for two defendants in drug trafficking confiscation proceedings. Presentation of business activities and reduction of benefit assessed due to double counting and inclusion of legitimate receipts.
• 2010 – Allegations of drug trafficking. Forensic work for the defence team showed that defendant did not have a criminal life style and this aspect of the case was dropped in response to my report;
• 2010 – Regulatory Investigation under S447 & S453 of the Companies Act 1985 (as amended) on behalf of Companies Investigation Branch of the Insolvency Service – into corporate collapse and allegations of Insolvency Act offences;
• 2010 – Confiscation hearing against defendant convicted of money laundering for a gang of organised criminals involved in drug trafficking and VAT fraud. Benefit assessed at over £10,000,000 but the forensic report prepared on behalf of the defence was able to show 60% of this either inappropriately included or double counting;
• 2010- Fraud Investigation examining allegations by disadvantaged shareholder of fraudulent trading, asset stripping and diversion of trade prior to a pre-pack administration resulting in phoenix follow on company;
• 2010- Forensic Accountant’s report for Humberside Economic Crime Unit tracing financial activities of a nursing home manger accused of stealing funds from a resident – a number of similar forensic reports have been prepared for police forces around the UK including Northumbria, Cleveland, Merseyside, North Yorkshire and Humberside forces – this case concluded with oral evidence being presented in Grimsby Crwon Court;
• 2010 – Expert accounting witness report for defence in a case involving alleged negligence by a professional accountant and money laundering in relation to a large Ponzi style fraud being committed by a group of organised fraudsters;
• 2009 – Acted for lead defendant in a major prosecution brought by the Serious Fraud Office (SFO) alleging serial asset stripping using the “Whitewash Procedure”;
• 2009 – Regulatory Investigation (S447) into asset stripping by a shadow director of a series of insolvent companies;
• 2009 – Expert Report for the defence in a case of profiteering from running a brothel;
• 2009 - Regulatory Investigation (S447) into Companies Act offences by director of a series of insolvent companies;
• 2009 – Expert Report for the defence in a case of money laundering brought by the police against a money transmission bureau;
• 2009 – Asset tracing exercise undertaken for the defence team in a major prosecution following the 2006 Securitas robbery of £53,000,000;
• 2008 – Expert Report for the defence in a major West Yorkshire Police case against a group of business men involved in a variety of activities including hand car wash businesses, restaurants, property dealing and various offshore financial activities.
• 2008 – Confiscation proceedings brought by Thames Valley Police under the Criminal Justice Act 1988 of £25,000,000 of Defendant’s assets – matter concluded with evidence successfully being given in Reading Crown Court.  Included tracing exercise involving contact with financial institutions in Pakistan;
• 2008 – Money laundering allegations brought by HMRC – defendant accused of laundering money by way of a gambling habit over a number of years – matter concluded with evidence being successfully given in Birmingham Crown Court;
• 2008 – Tracing exercise involved funds derived from Europe and the Middle East;
• 2008 – Allegations brought by Post Office of theft of around £50,000 against a Sub Post Master;
• 2007- Allegations of unpaid tax and NIC and other money laundering indictments by NCS and HMRC relating to £45,000,000 funds moving through (and being transferred between) numerous Defendant’s bank accounts connected to a “Hawala” money transmission business.  Tracing exercise involved explaining assets moving through Dubai and Hong Kong including contact with institutions in these locations;
• 2007 – Regulatory Investigation (S447) into £100 million turnover property group.
• 2007 – Forensic Report for the defence in a case brought by the DTI against an accountant accused of assisting fraudsters strip assets from company acquisitions using the “Whitewash” procedures.
• 2006- Confiscation following London Underground corruption trial leading to attendance at Guildford Crown Court for ongoing assistance in reducing level of benefit being sought;
• 2006 – Regulatory Investigation (S447) into £35 million turnover trading group involved in VAT fraud (Missing Trader Inter Community MTIC or “Carousel Fraud”).
• 2006 – Fraudulent trading indictments brought by the SFO against directors of a computer company involving “ fresh air” invoicing, cheque cross firing and transactions amounting to around £25,000,000, being funds circulating between connected companies;
• 2006 – “Long firm” UK based fraud where £600,000 credit was allegedly obtained illegally from international suppliers;
• 2006 – Fraudulent trading indictments by DTI (now BIS) where £500,000 was allegedly obtained by factoring fictitious debts using cross firing techniques.

Other recent instructions (2006 – 2011)

• Specialising in a number of fraud investigations to assist smaller businesses and individuals where losses can often be relatively small and not seen as a priority for the fraud regulators or are too small to merit expensive legal assistance pursuing recovery through the civil courts.

• A number of enquiries are carried out each year on behalf of Insolvency Practitioners where fraud has been discovered or is suspected and involve asset tracing and recovery exercises carried out in situations where directors or bankrupts have hidden assets.  Recovery work has included dealing with banks and other institutions in Europe, USA, Middle East, Russia and Asia.

• A range of criminal fraud defence and confiscation work as expert accounting witness is undertaken each year for criminal defence solicitors on behalf of defendants in criminal matters – ranging from small employee thefts of a few £1,000s to multi-million frauds investigated and prosecuted by the SFO.

• Around 30 authorities since 2004 granted for enquiries carried out under Section 447 and 453 of the Companies Act 1985 as external investigator for the DTI (now BERR/BIS)