Monday 22nd April 2019
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Comsure operates in:the UK, Jersey, Guernsey

Backdating of Documents Revealed in Jersey Court Proceedings

Berge Gerdt Larsen (read here for some background https://www.ardentchambers.com/howard-sharp-qc-secures-larsen-and-volaw-tiea-judgment-in-jersey-court-of-appeal/) is back in the Jersey courts, and in reading through the judgements, there are some interesting revelations (under oath) about the behaviour of Jersey directors.

In the reported judgement [click here https://www.jerseylaw.je:443/judgments/unreported/Pages/%5B2019%5DJRC040.aspx] the following is cited

Mr Larsen was convicted of aggravated tax fraud using offshore structures administered by Volaw at first instance in 2013. 

The trial at first instance featured Volaw directors admitting on oath to backdating commercial documents (page 1709). 

Interestingly the JFSC recently issued a guidance note (Issued: 19 July 2018) on integrity and competence [click here – https://www.jerseyfsc.org/media/2051/2018-07-19-guidance-note-on-integrity-and-competence.pdf] and in doing so suggest back-dated documents is indicative of a lack of integrity. This guidance note supports a test that has always been in the codes of conduct for regulated persons.

 


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