Post date: Feb 10, 2019 6:42:1 PM
posted Feb 10, 2019, 6:42 PM by Custodian of Information [ updated Mar 12, 2020, 12:44 AM ]
2012 Folio 336-Oxford brigade -
Jacob Dean (his response to Arden investors' communication-RNS TRD 14.12.18)
with Joseph Wigley (his response to MM offer to buy RSM Tenon 23.08.13)
and James Ballance (his confirmation PwC not challenging default judgment 23.12.10
-Holdroyd LJ)
joined by Julian Knowles (12 February 2019 on notice)
and Pushpindar Saini (13 February 2020), hearing how FRP Advisory LLP had embezzled Felicity Guinness by "selling" to her 333 Cromwell Tower, EC2Y 8NB having advertised themselves as "trustees" of that property, where valuable court
files had been burgled by them (June 2015). The flat and contents belong to Mira Maker, who filed against FRP
Advisory LLP in the Commercial Court in February 2014 (live), acknowledged
March 2014.
FRP Advisory LLP relied on advertising themselves on the government website.
This advertisement was decorated with a secret court file reference that no-one can get to or even verify that it is authentic (because it is not public). This file number
was purchased by
Reynolds Porter Chamberlain LLP on 16 August 2013. This was after anonymised
"permission" to issue by Cheryl Jones on 9 August 2013, naming MIRA MAKAR
(no address), however it was generated in response to an anonymised request by
a nobody. The number
is therefore of no significance, save to identified who paid money to buy it (RPC 16.8.13).
FRP Advisory LLP dropped use of this file number as well as its own name, in generating
RNSs on public company websites as Triad Group Plc (TRD). This meant officers, shadow officers, their spokesmen, such as Alistair McIntyre Fulton, Chris Hardie
and Arden partners
salesmen of phantom CREST shares had no-one to blame but themselves,
especially since
LSE-RNS claim they are not the "publisher". Plainly they are. This OCG refused to provide
the incoming documentation that had caused them to behave in this somewhat eccentric
manner. This pattern had started in 2009 when they decided that they could deal in
the
identity, standing and estates of members, and furthermore, keep their deals secret.
FRP Advisory LLP hid itself behind the name of an existing member instead, joint principal shareholder, jointly responsible with Abacus for members' unity particularly for market stability reasons (not selling or dumping/vetting proposed officers
including auditors etc). This
camouflage was effective because it was supported from the inside on all fronts.
The member (MM) was totally oblivious of how the register could be contaminated in this way
and not corrected under Equiniti's fraud alert mechanism, that is contractually binding on TRD,
officers, shadow officers and random others with access and influence.
The effect was that the entire membership of TRD was disenfranchised from 13 December
2016, rendering dealing of no effect since no entries could be made in the register. Those
parting with money from that date will not see it again. There is no conventional repair route.
FRP Advisory LLP proceeded to embezzle and launder through Savills. These are carry ing
the reputation knock for "selling property" they do not own ("we merely "introduce""our client"
to "the property"- as though a novel form of cocktail party), together with PwC (2010 Folio 885,
judgment adverse to PwC 22 December 2010, heard before Holdroyd LJ 23.12.10).
Mark Lindley, "Boodle Hatfield LLP", had previously groomed Land Registry register (albeit
Chief Land Registrar indemnified with rectification obligations) on 24 March 2014. This was
in regard Mira Makar's unfettered properties. Lindley stole protection on Barbican properties placed on the Land Registry by Royal Bank of Canada. RBC had assumed an unlimited
liability indemnity from Abacus and others interested (single largest off shore trust and
fiduciary operator in the world) provided to Mira Makar in March 1996. This was in
consideration for MM agreeing to IPO with obligations to the market, as well as signing a
prospectus with representations to Sponsor, Beeson Gregory (later Evolution Securities).
Jeremy Black, Deloitte, has yet to compel Boodle Hatfield LLP to comply with its obligations under Provisions of Services Acts (from 2008) or resign reporting adversely with reasons. As witness, he has yet to inform Dentons (Bank of Scotland from 2006, Public Interest Disclosure Act, still open, Cenkos Securities re FRP Advisory LLP, 21.2.20 notice by FRP re AIM dump).
Benson Gregory had relied on a reporting accountant's report to the Sponsor from Coopers
& Lybrand. This report omitted to explain that C&L with others, as Price Waterhouse, had reinvested in the Farringdon Insurance Company, Scheme "Bond". This was an unregulated collective investment scheme based in Guernsey, where ownership (Barbican Settlement) is secret. Renewals took place in November 1995 for the 1996 season, the industry reported.
This scheme allowed C&L to profit from main market flotations (as TRD, March 1996), work
them for a decade, then "pull" together with another, to provide a hermetic seal "replacing
them as "auditor", as PwC exited. The collective would proceed to hound those interested,
until companies were down and those interested faced untimely passing from protracted alienation and obstruction (dressed up in court by offenders, as "collateral damage", whereby civilians die/are maimed during hostilities in war - police: "grievous bodily harm with intent").
Risks moved from one to the next, or participants moved, with risks nominally left behind, reserves reconstructed to be appropriated, leaving a shell to be struck off at a later date.
13 January 2005 am, David Huw Wootton, A&O (instructions accepted), to Mira Makar,
Executive Deputy Chairman, Finance Director and Group Chief Executive:
"PwC are plainly at fault. They will stay in situ so that no other auditor can find out,
and will then resign at the last possible moment, causing maximum damage all round
to all concerned. PwC are the most ruthless in the market at this widespread practice."
Companies Court Chancery Division 6530-2005, 29.9.05(open)(to overcome obstruction)
Queens Bench Division, HQ06XO1803, June 2006 (open) (Herbert Smith LLP)
[2010] EWCA (Civ) 197 Mira Makar v Judgment of HH Richard Seymour QC (17.07.09),
Permission granted Jackson LJ 18 February 2010, appeal not yet heard
[2011] EWHC(Comm) 3950 Steel J (decided)Mira Makar v PricewaterhouseCoopers LLP
Makar v Triad Group Plc [2006] UKEAT 0513_06_1810 (18 October 2006)
(open) backed by Allianz Group Plc through Burges Salmon LLP, with DWF LLP
additionally for Allianz Group Plc as well as Mira Makar from September 2010.
FRP Advisory LLP in court using Triad Group Plc and directors as front
This was last heard on 12 February 2019 and 13 February 2020, reversing claimant and defendant (TRD+ Fulton v Makar instead of Makar v TRD+Fulton), relying on applications which do not exist (5.4.19 and 25.6.19) but making a pitch for money which FRP Advisory
LLP had embezzled (below), and now sought to share out using the Paymaster General and
Court Funds Office to give pseudo legitimacy to six years of vandalism, carnage and tragedy.
The "hook" was a light argument based on "breach of contract" dated 4 November 2006.
This was signed by John Rigg (shareholder in TRD) advised by Peter Watson and Sara
George (A&O), binding on Triad Group Plc and Alistair McIntyre Fulton. Fulton was a director
who retired by rotation but continued to hold himself out, including by the expedient of
omitting shareholder poll voting and disenfranchising the membership from 2005 with BDO support.
Fulton had not read this agreement, up to and including a meeting on 22 September 2016, nearly a decade later. However Fulton turned up in court on each of the above dates to be
cross-examined on it. On the second time on 13 February 2020 Fulton was accompanied by two heavies, one on each side, ensuring he did not open his mouth. This was in the run-up to
the AIM dump by FRP Advisory LLP announced without advisers on 21 February 2020, one
on each side of him. One with beard and glasses sat on his right in court. This man then went
on to leak the events in court to innocent TRD shareholders, officers, and those lined up for office, as though to "persuade" them of the authenticity of the events, without either Fulton
or his other heavy present to corroborate the report. FRP Advisory LLP itself was given a
code name "trustee" and appeared neither on the listing or the forged "judgments"
advertised on the free BAILII platform. This is notifiable including the sequence of events
from 2016 involving FRP and TRD.
Fulton himself had explained he had had another engagement that day in November 2006
and had therefore not participated in the agreement that was pleaded, nor made good his omission to pay proper attention to it since. Fulton presented himself for XX on 12.2.19
and 13.2.20 on this agreement but still with no statement that he had seen it or read it, let
alone enjoyed the benefit of advice from A&O on it. A&O had charged £1.5m which he
decided Triad Group Plc was going to pay. Moreover, he blamed Mira Makar for the expense, recording this on the LSE RNS. This time, he supported FRP Advisory LLP, and claimed
"costs" and "damages" from Mira Makar, who had had no involvement whatsoever in his relationship with FRP Advisory LLP.
The November 2006 short form agreement that was pleaded in support of FRP Advisory LLP was a complex argument to run. Fulton had particularly (it appears) overlooked the word "confidential" on its face (which also appeared on the RNS of the LSE), and the commitment
to Mira Makar to provide access under her own steam, which he has not to date facilitated
(2005- March 2020 inclusive). From 2016, communications from and to FRP Advisory LLP
with Mira Maker's name remained secret from her but operating to block her enforcing her
estate, enjoying it uninterrupted or being able to conduct anything resembling an orderly and
free life.
By 10 January 2017 (20.27), Fulton finally leaked to the market and certain members only
that he was agent and spokesman for FRP Advisory LLP. He refused all further communications. He made this communication without legal or financial advice, seeking to
imply he spoke in the name of TRD as well as himself as shareholder. He considered he was informed of the intimacies of the estates of TRD members (informed by FRP Advisory LLP), which he decided belonged in their entirety to FRP Advisory LLP from 13 December 2016, including TRD holdings and rights. This was despite no notification to the Change of Control
team at the FCA, no market notification on the LSE RNS shortly after 13.12.16, when FRP Advisory LLP came onto the register hidden behind a member's name, and contravention of Equiniti fraud machinery. Equiniti is supplier to TRD and its fraud machinery represents a
contract between TRD and members, as well as directors severally and members (giving rise
to a cause of action if broken and Part 20 by TRD against FRP Advisory LLP, unless sued already).
Fulton stated in his market leak that he had personally ordered Equiniti to over-ride their fraud prevention machinery (in place from 10 June 2011, ref 178/11 with City police crime number attached from later that year). Fulton fully committed himself to FRP Advisory LLP.
FRP Advisory LLP thereby not only became a controlling shoulder in TRD (over 25% able to block any take-over), but its control was neither notified nor entered in the TRD register.
Moreover FRP Advisory LLP did not buy any interest in TRD in 2016. FRP Advisory LLP blocked trading by putting themselves on the register (name and address) of a public
company, TRD in this instance, but hidden from the Listing Authority and Change of Control
team, as well as the market and investors. FRP Advisory LLP with their Brentwood address
hid themselves in the ADDRESS BOX of an existing member from 13.12.16 (MM).
As a result, the member whose identity was used was locked out of the Equiniti Call Centre
as their address was replaced by FRP Advisory LLP so they could not pass security. The contamination, together with the omission to notify from 13 December 2016 meant that all members were automatically legally disenfranchised. There was no notice for 31.3.17 AGM.
The false market which was created, with uncertainty over who the members were, continued from 14 December 2016 until March 2020. The register is effectively frozen as at the end of
13 December 2016. FRP Advisory LLP was calling all the shots from then onwards "as
though" it were the TRD members severally, or had bought TRD at a premium, not blocked by 25% or more votes. FRP Advisory LLP's transaction equates to closing down Triad Group Plc
as a listed company together with its pedigree from March 1996.
Thereafter LSE allowed FRP Advisory LLP to trade phantom shares by listing RNSs notifying it had shares to sell. Buyers merely had to phone a number (in fact FRP Advisory LLP, Brentwood but not declared as such). FRP Advisory LLP, having hidden themselves in the address box of members, were now hiding behind a phone number. Calls are not recorded.
Callers were referred to Chris Hardie, corporate, Arden Partners (AIM). He was the salesman
commissioned by FRP Advisory LLP, of the phantom shares that had been created by FRP Advisory LLP in CREST, with the connivance of Share Centre and booked by Equiniti (under orders), advertised by ADVFN chat. Atrium, NOMAD of Arden, said this was "fine" because
they checked with Arden.
Buyers of phantom shares labelled TRD shares parted with money. They were after profits, dividends and capital growth, which they thought they could reasonably expect.
They did not know what FRP Advisory LLP was actually up to, because LSE (RNS) published
a phone number only. This was to trade in phantom shares that linked those responding to
the RNS to FRP Advisory LLP and thereby Arden, their sales rep being QE Chris Hardie
using his unrecorded mobile phone to strike his deals. No-one told TRD members or Mira
Makar, whose identity continued to be use by FRP Advisory LLP.
FRP Advisory LLP sought to mimic a private placing by MM of her shares using Arden, but
on this occasion without private client mandate from her to such effect.
Arden partners carried out no business acceptance protocols on FRP Advisory LLP, their true client, for AML and KYC purposes. Warnings to Norman Gould Compliance officer, by TRD members, fell on deaf ears. By way of observation this proves once and for all that compliance departments of NOMADS appear intent on facilitating transactions and have no interest whatsoever in protecting either themselves, their own NOMADs or the market. Formal notifications to Arden sales teams on recorded calls in May 2017 were not heeded. The
analogy with AIM being regarded as the Wild West of the market is irrefutable, hung by its
own petard.
The preference of Arden was to allow Chris Hardie, Corporate, to merely carry-on trading phantom shares for FRP Advisory LLP, in the belief Arden could dump the consequential loss on the market and TRD members. TRD's nominal register of members ballooned out of
all recognition, displacing true members who were thereby irretrievably permanently disenfranchised, not even able to meet to decide what to do.
FRP Advisory LLP piled up money it had secured from selling phantoms and collecting dividends to which neither it nor anyone else were entitled, as shareholders had not approve them, had had no notice and could therefore not even meet to approve, let alone decide who would be paid, given the carnage on the register and uncertainty over identity of members.
FRP Advisory LLP added its cash loot to the pile (over £2m) it had embezzled from Felicity Guinness, for "selling" her valuable Barbican property they did not own. FRP Advisory LLP
had already burgled the entire contents, including court files (including HQ12XO3512,
damages starting at £200m facing RSM), together with TRD statutory and financial
confidential records, computers and back-ups.
RSM provided FRP Advisory LLP (its successor operation) with an accountant's report addressed to it and its directors (essentially FRP talking to itself) and to enable it to profit at £190m for blocking enforcement of HQ12XO3512, starting at £200m, from 2012 until 2020.
On 21 February 2020 FRP Advisory LLP told the world, using the LSE RNS, that it was worth £190m and was proposing to have itself listed on AIM, using NOMAD Cenkos Securities.
Cenkos Securities are witnesses to the events of 2013. This was after the Baker Tilly partners (later re-brandedRSM) had omitted to attend for means testing in 2012, together with auditor
Cliff Ireton Kingston Smith LLP. This was in regard recovery of damages starting at £200m.
The omission still needs to be made good: FRP Advisory LLP was last heard in court 13.2.2020.
RSM (formerly RSM Tenon/Baker Tilly) used Reynolds Porter Chamberlain LLP and through them FRP Advisory LLP (platform to access regulated entities without introduction):
to steal the issued not served claim form from the court file in October 2012;
to create the court file HQ12XO3512 in the false name "Mira Makar v Rider One";
to hide court file HQ12XO3512 with its false name in the RCJ basement, until discovered by Master Leslie on 7 November 2014;
to ensure that the record of entry of judgment, making the Claim Form public on
inspection, was stolen from the file and not entered on the court computer (conning officials);
to anonymously buy a number in the Companies and Bankruptcy Court (3630 of 2013)
on 16.8.13 which could be used to decorate registers, together with MM's name/address, knowing the file was not public, so no-one could check what was in it;
to place a copy of the served HQ12XO3512 in the file and instruct Joseph Wigley to go into that court to deal with the "Claim by Mira Makar" i.e. make it disappear by blocking enforcement indefinitely, if possible;
to turn up in court on 6 December 2013, to introduce Penrose Margaret Foss, as "the client" benefiting. Foss was the "general counsel" of BT, then RSM, who then wrote to John Weatherill, Head of Disciplinary, with investigation files open re BT from 2007, with SFO, saying MM was "bankrupt" and even had "civil restraint orders" against her from 3.12.12. John Weatherill had retired and confirmed he did not see the letter (or therefore act on it): the true position on this latter account was that MM was entitled to a CRO against this group imposed by the court of its own motion from 30 July 2007, heard 19.11.12 before Andrew Smith J (by then upgraded to injunctive relief), acknowledged with Penrose Foss in attendance, therefore n notice thereby rendering Foss and accomplices liable to contempt proceedings from at least that date onwards (2012 Folio 336 including FRP Advisory LLP, service accepted recorded in Commercial Court March 2014, not defended);
to buy a seventh RSA/Willis bond after the six bought by Nick Edwards; Matt Smith; Clare Boardman in regard each of RSM Tenon and Premier Strategies respectively. The objections filed in court were visible to CENKOS SECURITIES 2 September 2013, using FRP Advisory LLP as middleman operating in contravention of instrument spec by omitting any proposal, bringing full claims onto RSA from August 2013 (exposed by IPA and claim receipted by the surety), including in regard contravention of "utmost good faith" presumption of insurance as well as contravention of AML laws in regard unregulated introducers (RPC). Inciting FRP Advisory LLP to purchase eighth instrument, this time not even telling the IPA or filing records with it, FRP Advisory LLP thereby precipitating the end of the IPA including those operating through it who are not Chartered Accountants. Continuing with sole tender arrangements with JLT, combining litigation funding/insurance, with bonds, keeping those secret as well, including the surety itself with no policy number. FRP Advisory LLP faces unlimited Part 20 claims from at least two UK sureties: liability is going and several, so individual members, partners and staff go under as well. Neither FRP Advisory LLP nor its due diligence "lawyers", Bryan Cave Leighton Paisner LLP, have reported or evaluated this joint and several liability, the impact of Part 20, nor the fact that FRP Advisory LLP undertook to cover on the RSA run-off for the six years from 2013 when Farringdon exited, leaving RSA in the lurch and not informing SoS until into 2015;
to seek to go around again as RSM Tenon, later RSM. It involved using Deloitte partners, relying on RSA/Willis instruments, branded "pre-pack", to facilitate further bankruptcy remoteness, block MM enforcement and MM subject to contract offer to buy RSM Tenon, conditional on support from NUMIS.
An exodus from the respective operations became a bolstered FRP Advisory LLP.
It operated as the back end of transactions, parasitising on Chartered Accountants and auditors, using secrecy as its weapon of first resort. Its industry was rendered obsolete
when the secrecy was blown in 2013.
Mira Makar's May 2016 evidence on FRC website (also above) refers to this ("the rise
and fall of the Farringdon Bond and the IPA is now a matter for the National Archives,
crown copyright") and to FRP Advisory LLP specifically. It was requested by NAO and
Justice Select Committee (January 2019), by way of upload to an accessible site:
Justice Select Committee . . . . . 10 January 2019 : Reforms
The FRC took the evidence down in the run up to the IPO of FRP Advisory LLP on AIM. The AIM notice dated 21 February 2020 did not notify the identity of any due diligence independent reporting accountants or due diligence teams: in substance the issues are:
that secrecy is over- once the lid came off the secrecy it could not be put back on;
liability is joint and several historically and cumulatively - there is neither any mechanism for offloading nor any mechanism for evaluating liability or risk given the absence of records or anyone looking;
SPVs as FRP Advisory LLP are not financially independent; do not prepare accounts incorporating (contingent) liabilities; do not have an independent auditor; operate as "Alternative Business Structures" essentially networks of indemnified agents in unregulated collectives, renting out infrastructures for embezzlement on commission; rely on regular "churn" and re-incarnation with new "identity". Appropriations are unlawful as there are no distributable reserves. Input VAT is not recoverable as there is no proper activity for which to prepare proper accounts;
without individual VAT registrations (offence not to be sole trader) there is no semblance of regular activity and therefore no business;
notice of funding revealing schemes must be filed in the court on the day concluded. Secrecy has precluded this. Secrecy is blown. There are consequences which are not limitation barred due to the secrecy, even without proving fraud;
run-off cannot work like insurance, as Schemes are devoid of good faith on all sides and risks are assumed blind by self-certification.
There is no regulation, nor can there be, since FCA is authority for insurance, broking,
risk broking, FSMA 2000/listing compliance/notifications, and is by-passed by standard
trickery, e.g. Jardine Lloyd Thompson (regulated) operating JLT Specialty, unregulated,
with no CF10 or CF11 function, a risk elimination intermediary, which is financially glued
to surety AVIVA by virtue of having PwC in common (beneficiary of the collective), but
with no policy numbers in AVIVA books, so JLT can block for however long it takes, to ensure HTV's die before pay-out so there is no curtailment to the activity of campaigns
of terror and harassment until standing is abandoned. Enabling arrangements are
thereby not curtailed. Secrecy can continue, with risk assumed by others and trace removed.
The market and investors could not therefore necessarily realise that they were
investing in obsolescence since 2013 (the ending of the secrecy was not capable of reversal) yet with unevaluated risk and individuals with history of joint liability that had
not come home to roost. Notable intermediaries plugging the six year gap have pulled
out and individuals moved on, with records, such as they might be, inaccessible.
Consequently the liability stays with FRP Advisory LLP together with those who have supported it but which fall with it, as the IPA (hiding bonds, omitting proposals) and
ACCA (grooming forgerers, calling them "FCCA", omitting NCA reporting October 2016).
This opaqueness was despite the fact that Nick Carter-Pegg knew in full detail at least
from 2014 as well as previous. He was FRP Advisory LLP's BDO auditor (who
belatedly resigned omitting true reasons) and also that of their due diligence lawyers
(most recently 2.9.19) having been both accountant of the LBG corporate partner of
the LLP and its auditor (an "alternative business structure" off LBG's balance sheet).
The omission of independent due diligence was replaced by an RSM reporting
accountant's report. It could not be independent since RSM are interested having
seeded FRP;passed them instruments; and introductions as well as targets (called
"clients" in FRP Advisory LLP's books and records, kept off balance sheet by the IPA
and others).
RSM deploys FRP Advisory LLP for their own ends, as indemnified agents, including,
on these events from 2012, to dispose of a £200m liability, rewarded by float at £190m, once the target's death certificate was public and risks shifted, decimating listed and
private estates at once, breaking all referable relationships and without any repair route.
18 03 07 TO DOM 18 02 14-60-FINAL Subject Access BKT4001869,6 Dec 13 10.58 IES,INSS
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