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IFA Grahame Whitehead ordered to pay fraud victims £2.6m
by William Robins on Nov 27, 2010 at 00:01
IFA Grahame Whitehead has been ordered to pay £2.6 million to victims of his £26 million fraud.
Between 2004 and 2009 Whitehead paid clients' money into his own bank account and that of a family member while telling clients that their cash was being invested in loans bearing the Credit Suisse and Salvation Army name.
Whitehead made £26 million from the fraud but a hearing at Chelmsford Crown Court was told victims would only receive £2,650,993 as that was all that could be realised from his estate. The money will be divided between claimants proportionate to their loss.
Last week a court of appeal reduced Whitehead's sentence from 10 to eight years. In April Whitehead, a former Burns Anderson appointed representative, was sentenced to two five-year prison terms relating to each fake loan scam.
But the court of appeal ruled that since Whitehead freely transferred funds received for both scams, the money should be treated as mixed. It ruled a 10-year sentence was excessively strong compared to comparable cases, and each five-year sentence was reduced to four. Whitehead's minimum sentence was reduced to four years.
Shelia Macdonald, a victim who invested £190,000, said: 'I was upset his sentence was reduced, though if I had it my way he'd be in prison forever.'
'The amount [of realisable assets] was higher than I had expected. I came with low expectations. I could still lose my house over this.'
Nearly all the funds to be paid to victims have been secured. Judge Karen Walden Smith said if the funds weren't made available within six months an additional nine-year default sentence would imposed.
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18 comments so far. Why not have your say?
Alan Lazenby
Nov 27, 2010 at 09:30
Not much of a sentance for causing so much hardship for so many people. Typical Judges, harping on about the fairness of the sentance instead of what the justice would be for the victems. Bring on the general public to sentance criminals for a year, see what difference that will make to the sentances.
report thisMole
Nov 27, 2010 at 09:59
Trust that the public to which you refer will have at least a reasonable command of the 3 Rs!
That said I agree that judges are far too soft with sentencing, but is prison really the answer for someone like Whitehead who poses no physical threat to the community? I believe that some really long term demeaning community sentence along with confiscation of ALL his assets would be more appropriate. He should also be forced to face all his victims and his service should be directed for their benefit as a token reparation for the financial harm he has inflicted upon them.
Returning to my age old theme - where were the FSA? Too busy dreaming up their next fantastic theme to worry about actual regulation and financial crime. As always they fail!
report thisAlan Lazenby
Nov 27, 2010 at 10:11
Sentence!! yes the lack of a spell check and a rush to judge always cocks things up:) I agree that more intelligent and imaginative sentences than just prison should be used, what about the stocks? or cleaning out an old peoples homes toilets for the next 10 years? Much cheaper than prison.
report thisAlan Lazenby
Nov 27, 2010 at 10:16
Oh, and I agree that the FSA have failed again. I think that the only problem with giving the FSA a good bashing about all its failures is that we advisers will suffer from excessive further regulation which will keep the public no safer but give us more work and grief.
PS I am educated enough to get the 140 points needed for the Diploma:) My issue is more to do with a high typing speed and not checking my comment before its sent.
report thisMole
Nov 27, 2010 at 10:29
Sorry Alan - just couldn't resist it and I often find myself typing in Welsh! I think one thing that is difficult when considering suitable community sentences is that what is perceived as demeaning to us can often be a job that someone is paid to perform.
I think that you are on the right lines and I cannot for the life of me see why we should support this crook in the comfort of prison and that his liberty could easily be suficiently curtailed by having to report for unpaid work for the full term of his sentence - none of this "Oh you've been a good boy - off you go then" when only half the term or less has been served. Fancifully perhaps a role at the FSA teaching them how to look out for people in the industry who are harming clients - if his £250,000 a year salary, £100K bonus and £1Million pension pot were then sequestrated that would go a long way towards the compensation his clients deserve. As a bonus where else could he obtain more opprobrium from the profession?
report thisDavid Barnett
Nov 27, 2010 at 12:31
I would like to know where Burns Anderson was in all this, assuming they had some responsibilty for the individual. I also agree that some sort of demeaning reparation to the victims would be appropriate, as well as a prison sentence. Some of these unfortunate people will suffer a financial life sentence because of this so and so.
report thisBob Donaldson
Nov 27, 2010 at 12:50
All very easy to judge with hindsight. It was out and out fraud and not bad advice that was the problem. How much of that goes on unoticed in society be it committed by accountants, solicitors, financial advisors or suchlike. No good blaming Burns Anderson.
report thisRichard Anderson
Nov 28, 2010 at 13:14
i am staggered that only £2.6m can be recovered. Where on earth is the other £23.4m? surely that is too big a sum to have been lost on depreciation on bentleys and ferraris and on meals in fancy restaurants - it must have gone into something reasonably tangible. this should be traced and recovered. no doubt the rest of us will have to stump up higher FSCS levies too.
and, in line with some of the other comments, where were the file checks etc from burns anderson, and where was the FSA oversight?
report thisMole
Nov 28, 2010 at 19:54
If the Buck does not stop with Burns Anderson who seem to have said that this fraud was not actually part of any regulated activity but pure theft then i do not see how the rest of us can face an increased levy. Agree that Whitehead should be handed over to CIA to extract whereabouts of missing funds.
report thisNJH
Nov 29, 2010 at 09:08
I think matters of this kind need to be treated with appropriately. True, he may not cause any physical harm to the public, but the mental anguish he has caused his victims and the potential and real harm to their financial wellbeing (which leads to mental anguish) needs to be taken very very seriously. I think sentences are too lenient. If sentences were longer and parole not available for longer periods of time it may deter some of these 'professional' criminals from defrauding the public in the first place. Lock them away for at least 10 years and refuse parole considerations for at least half of that sentence. If they stole once (and to this extent) they are bound to consider doing it again. I wonder how many are currently let out of prison after just 18 months to 2 years to free up space and resources, far too may I suspect. The public need to be protected.
report thisIve had enough !!!
Nov 29, 2010 at 09:27
Richard , file checks ?? it was fraud !
report thisAndrew Baker
Nov 29, 2010 at 13:40
Justifiably a prison sentence of several years, which will cost the taxpayer a fortune. Why not have non-violent prisoners work doing tasks that will aid the community but for which funds to do such are not available elsewhere: graffiti cleansing, rubbish collection in areas not regularly served by street-cleaners, beach cleaning, sorting landfill for recycling, etc etc ...
And maybe if these people's efforts produced some income, we could afford to lock up the violent offenders who don't seem to get punishment to fit the crime: assault someone and get community service because you didn't actually take something from the government. (VAT and tax fraud guarantees a prison term!)
His crime was bad as it made Innocent individuals suffer mentally as well as financially, but if he had just beaten them up, he would still be free: some justice system we have.
report thisStephen Girling
Nov 30, 2010 at 11:58
@Richard Anderson
I agree that £23 million of unrecovered money raises serious questions as to where it went. A fraudster who has planned something at this level can easily also plan to hide funds and accounts from the authorities once caught and that is a very nice payday on leaving prison after only 4 years.
report thisNJH
Dec 02, 2010 at 07:44
Newg - I think you will find that the overall investigation will take into account his assets worldwide. If they can legally recover funds from those, then I am sure that that will happen in due course. It may take some time however to unravel it all.
report thisthomas kneidl
Dec 03, 2010 at 14:12
There is a further twist to this.The judge ruled that only Crown witnesses that gave sworn court testimony will shar the recovered assests.There is a group of us not residing in the UK that have been left in the cold.The investigating Officers at Essex Police told us that it was not necessary to travel to the UK to give sworn testimony and that they had sufficient witnesses to procecute and convict Whitehead.A group named the Salvation group was formed consisting of UK and overseas parties and through their lawyers liquidated Woodbridge F/S and bankcrupted Whitehead in order to have a fair distribution of recovered assets and so we thought.The Judge refused to entertain the civil claims and ordered that the matter was closed.Therefore we the outsiders which includes British Nationals who were defrauded of over two million pounds of life savings have been left in the cold.If this is not a miscarriage of justice then I do not know what is.Is this an example of British justice.We are all pretty broke by this and some of are on retirement.If there is anyone out there that can help or suggest how we legally can still access and participate inthe recovered assets PLEASE HELP.If you are a Lawyer we would even be prepared on a percentage of recovery basis.Thanks for hearing me out
report thisPaul Nedas
Jan 13, 2011 at 11:06
Thomas. As a Claims Management Company we would be prepared to consider assisting you. Therefore please contact me on 020 7193 0831 paul@financialadviceliability.com
report thisNewg
Jan 13, 2011 at 18:50
It was so easy to defraud everyone, no official could see because he kept all paperwork from them from the sight of all employees etc how would anyone else know. He put his huge house in his wifes name so no one could take that from him and his private secretary was his sister in law who took his side in court a few years ago when I worked for him and took him to court. There must be much much more hidden and as he liked the best of everything you can bet its safetly tucked away with relations or in South Africa for the luxury lifestyle when he comes out. When i worked for him he took all the staff (except me-left to run the office) to a safari park in South Africa that he was intending buying to sho off- all expenses paid -- BY GUESS WHO OUT THERE?
report thisUnkown
Jun 10, 2011 at 23:40
Newg, or should i call you Gwen? Seems like you are a bit jealous of what happened in the past. Maybe your comments would be more readable if you commented on the story in question, not why your weren't taken on a business holiday and as you said "except me-left to run the office".
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