Simon Levy aka David Michaels, a bankrupt and company director, has been sentenced to 23 months imprisonment and disqualified from acting as a director of a limited company for 15 years by Oxford Crown Court for acting as a director whilst disqualified, perjury, fraudulently obtaining a bank account and omitting to disclose assets to his trustee in Bankruptcy.
Mr Levy aged 48, was sentenced after pleading to four charges and his conviction follows an initial investigation by The Insolvency Service and a full criminal investigation and Prosecution by the Department for Business Innovation and Skills (BIS).
The court heard that in 2005, Simon Levy, using the name of David Michaels, incorporated and became a director of Jaunoir Ltd, a company selling luxury goods online. He was (and still is) a bankrupt and therefore prohibited from acting as a director. The company went into administration a year later, leaving a string of unpaid creditors, including 400,000 owing to the IT company which supplied the companys software and 155,779 owing to a packaging design company.
Simon Levy was subsequently adjudged bankrupt for a second time in 2007, again in the name of David Michaels. However, the BIS investigation showed that in 2002 he applied for a passport in the name of Simon Levy having submitted a change of name deed.
As a bankrupt, he would have known that he was required to provide information to his trustee in order for his financial affairs to be properly investigated. However, when his trustee asked who Simon Levy was, he insisted this was the name of his business partner. He further told his trustee that he had no credit cards and only had two empty bank accounts.
There was in fact 16,996.18 in these accounts and he had two further bank accounts in the name of Simon Levy, two credit cards in the name of Simon Levy as well as two further accounts which he had held prior to his bankruptcy and which he had also failed to disclose.
Following his interview with the trustee, the defendant opened a new bank account in September 2008 with the Royal Bank of Scotland using his old and invalid passport in the name of David Michaels and declared that he had never been adjudged bankrupt.
Simon Levy was sentenced to a further 36 months imprisonment to run consecutively in relation to Fraud and Theft charges brought by the Crown Prosecution Service, Oxford.
Deputy Chief Investigation Officer, Liam Mannall, from the Department for Business, Innovation Innovation and Skills, said:
Mr Levy is a serial bankrupt. By his own admission he is a dishonest individual. The BIS investigation and prosecution revealed his attempts to thwart justice by use of an alias, a flow of lies about his role in business, his assets in bankruptcy, and omissions regarding bank accounts he held.
The Department for Business Innovation & Skills investigation looked back over Mr Levys behaviour spanning many years. His conviction and sentence should serve as a stark warning to others who think they can abuse insolvency law and cheat those to who they owe money.