Affidavit

stapler

Central Defender
Some of those who are realising they were “not so fortunate” will be people who were told by me over two years ago to stop using him tbf


I was asked by my current accountant to provide a statement to help the client who is 200k down in their case - he said it can be anonymous originally but I’m now being asked to come forward and be named.

It doesn't work like that. A court can compel the accountant to tell them who provided the anonymous information and then compel that person (i.e. you) to give evidence. Whether it goes that far will depend on how much the claimant / prosecutor wants the information. But generally, there a very few things that a Court can't force someone to give evidence about.
 


Goat Eyes

Striker
as above


If you tell someone in great detail they are likely being defrauded and they turned around and said “nah x person wouldn’t do that to me”, how’s that bully for me?
Obviously weigh it up against your professional reputation too.
 

CatRyan

Striker
It doesn't work like that. A court can compel the accountant to tell them who provided the anonymous information and then compel that person (i.e. you) to give evidence. Whether it goes that far will depend on how much the claimant / prosecutor wants the information. But generally, there a very few things that a Court can't force someone to give evidence about.
It has to be like that or people could just say anything with no accountability
 

Bukowski

Winger
Obviously weigh it up against your professional reputation too.

This is something to consider

I’m the only person who’s been willing to write a statement thus far and expressed further willingness to sign an affidavit / give evidence in court today

I work in a very small industry. Despite my best efforts a few years ago, I know the rogue accountant still does work for people I also work with and (to their mind) he is a good bloke. So much so, I could even cross paths with him at an event I’m going to tonight.
It doesn't work like that. A court can compel the accountant to tell them who provided the anonymous information and then compel that person (i.e. you) to give evidence. Whether it goes that far will depend on how much the claimant / prosecutor wants the information. But generally, there a very few things that a Court can't force someone to give evidence about.

Noted

not something my current accountant told me about before I provided the initial statement.
 
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Jasper

Striker
Ultimately you have to weigh up the pros and cons of choosing to give evidence or not giving evidence. For your evidence to carry any weight you’re not going to be able to stay out of it though.
 

NYMackem

Winger
This is something to consider

I’m the only person who’s been willing to write a statement thus far and expressed further willingness to sign an affidavit / give evidence in court today

I work in a very small industry. Despite my best efforts a few years ago, I know the rogue accountant still does work for people I also work with and (to their mind) he is a good bloke. So much so, I could even cross paths with him at an event I’m going to tonight.


Noted

not something my current accountant told me about before I provided the initial statement.
So what? You know he is a thief.

I'd give the affidavit. Your involvement is limited to "he provided me with the incorrect bank details for HMRC to make my VAT payments and when challenged he returned the money to me". Its not like they will get him entirely on your evidence.

And if your new accountant is aware of what went on, he is legally and professionally obliged to report your old accountant to the relevant authorities.
 
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Nah, I wouldn’t report him. I’d let him continue robbing other people because it doesn’t directly affect me. Why would I want to help others?

To be honest I feel the same about any crime. I’ll warn my friends & family about something but don’t care if it happens to someone I don’t know.
This

They should get rid of all police except the ones around here
 

Joe Public

Striker
I’d sing like a f***ing canary. Financial crime is rarely heavily punished tho so don’t expect him to be in the chokey fir the rest of days.
 

Bukowski

Winger
I’d sing like a f***ing canary. Financial crime is rarely heavily punished tho so don’t expect him to be in the chokey fir the rest of days.

Doing someone for a 6 figure sum - which should have gone to the tax man - must carry a decent sentence?
 

safcforever

Striker
If it was you that was out of pocket would you want someone to help you?
Always this.

I had a shitty landlord before and like an idiot I didn’t get a receipt for my deposit. I moved out about 10 days before the end of my lease and when I went back to clean up he changed the locks

I reviewed everything and decided I was likely gonna lose as I didn’t get receipt but it cost me $30 to raise a claim against him. It went to a small claims and I pleaded my case. The result was exactly as expected, I got nothing but because I used a small claims court the whole case and information is now public and anyone can request it for just $5.
I’m hoping that black mark against him puts others off.
My $30 could save someone thousands in the future
 

Goat Eyes

Striker
Always this.

I had a shitty landlord before and like an idiot I didn’t get a receipt for my deposit. I moved out about 10 days before the end of my lease and when I went back to clean up he changed the locks

I reviewed everything and decided I was likely gonna lose as I didn’t get receipt but it cost me $30 to raise a claim against him. It went to a small claims and I pleaded my case. The result was exactly as expected, I got nothing but because I used a small claims court the whole case and information is now public and anyone can request it for just $5.
I’m hoping that black mark against him puts others off.
My $30 could save someone thousands in the future
My hero!
 
Glad you've gone through with it. Did you think about reporting it to the police rather than just HMRC first time around, or if you did were they not particularly interested?

It's the right thing to do. I've given witness evidence as part of my job for criminal court cases a number of times (and once got all the way from Sunderland to the court in London before plea was changed and I turned around and went home again), and most recently to a GMC hearing about a GP, and never lost a moment's sleep over any of it.
 

MackemBob

Striker
2 and 1/2 years ago I sussed our accountant at the time wasn't filing VAT returns and had given us fraudulent banking details for the three quarters that we had been using him. He'd been keeping the money in a holding account (along with other clients' I later found) and spending it on holidays, homes, private members clubs, hospitality at the cricket, all sorts judging by his Instagram account. Luckily, we managed to get the money (a 5 figure sum so not a small amount) back off him almost immediately.

Last week, our current accountant who we've used ever since contacted me to say he'd taken on a new client who was found to be £200,000 in the hole with HMRC as a result of the same crooked accountant we had originally been using. Question for the SMB - if you were asked for a witness statement re: the above, to sign an affidavit and potentially give verbal testimony in court... would you get stuck in, even though you were never left out of pocket in the end?
Yes. All day long. Crooked bugger needs sorting out.
 

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