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Crime Solicitors

High Court winds up companies for operating fraudulent gold mining investment scheme (22 September 2016)

Date: 22/09/2016
Duncan Lewis, Crime Solicitors, High Court winds up companies for operating fraudulent gold mining investment scheme

The High Court has wound up five companies involved in a fraudulent South American gold mines investment scheme.

The companies – which collectively offered and provided an investment vehicle for partnerships in gold mining projects in South America – were wound up by the High Court on 17 August 2016, following an investigation by the Insolvency Service.

The group of connected companies – Santo Montana LLP, Lorem Ipsum Trade Services Limited (Lorem Ipsum), Cedar Trade Services Limited (Cedar), McKinley & Grant Ltd (McKinley) and Evolution Trade Services Limited (Evolution) – had been operating the unauthorised, fraudulent gold mining investment scheme, with the companies between them banking more than £330,000 as a result.

Investigators found that the companies were connected by one individual who had exercised control over the companies, Harvey Bennett.

The petitions to wind up the companies were presented in the High Court on 4 July 2016, following confidential enquiries by Company Investigations, part of the Insolvency Service.

Lorem Ipsum, Cedar, McKinley and Evolution all acted as sales agents for the gold mining scheme, in which partnership rights were sold in the investment vehicle Santo Montana LLP, which was said to hold rights to gold mining concessions in Peru.

The agents – none of whom was authorised by the Financial Conduct Authority – cold called members of the public whose names had been acquired from database leads and offered them the opportunity to invest in three existing gold mining concessions in South America via Santo Montana LLP.

Prospective investors were enticed by offers of an initial dividend of 20% to 50% of their investments (£3,000 per share) – and further dividends every six months for a period of six years. However, no such returns were ever paid – prospective investors were told that they could expect “on a conservative basis” to receive returns of between 206% and 457% over their six-year investment term.

The investigation found that prospective investors were informed that Santo Montana LLP had a joint venture stake in unspecified mines in South America, with at least one of those located in Peru, the joint venture partner being a company called Montana de Oro S.A.

However, not only could that company not be traced, but Santo Montana LLP failed entirely to co-operate with the investigation, its registered office location having been vacated without notice – and the last of its designated members resigned by January 2016, leaving the investment vehicle essentially “rudderless” thereafter.

The investigation found no evidence that any of the funds paid by the investors had been used to acquire or to finance Santo Montana LLP’s investment in any gold mines – or that Santo Montana LLP had any genuine interest in any gold mines, whether in Peru or otherwise.

In the absence of cooperation from any of the companies, the limited accounting records obtained appear to show the main beneficiaries of the fraudulent scheme being sales agents and Mr Bennett.

The selling companies also appeared to have been abandoned or to have ceased trading by late 2015, except for Evolution – which had agreed to take over all administrative services for Santo Montana LLP as of January 2016. However, the only contact information made available to Santo Montana LLP investors – including those who had made carbon credit purchases – was a website address not currently accessible.

With Santo Montana LLP having abandoned its trading premises Santo Montana LLP investors have no means to contact any of the scheme companies, investigators found.

The petitions to wind up the companies were presented in the High Court on 4 July 2016, under the provisions of section 124A of the Insolvency Act 1986 following confidential enquiries by Company Investigations under section 447 of the Companies Act 1985, as amended.

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