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Green, Whyte et al hearings thread (Aberdeen 21st Jan: 10am)


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The Indictment Part 1

 

[As this is a very long and dense document (and it has to be typed by hand) I’m going to post it in sections..

 

For legal reasons I will not be including details such as addresses, dates of birth, company numbers etc. These edits are indicated by “….”.]

 

Craig Thomas Whyte

Martin Withey

David Henry Grier

David John Whitehouse

Paul John Clark

Charles Alexander Green

Sheik Imran Ahmed (known as Imran Ahmed)

 

You are indicted at the instance of Her Majesty’s Advocate, and the charges against you are that:

 

001) Between 1 January 2010 and 16 Febuary 2012, both dates inclusive, at the premises occupied by: The Rangers Football Club plc (“Club”)…Murray MHL limited..Dundas and Wilson LLP…Lloyds Banking Group…Dickson Minto WS…Shepherd and Wedderburn LLP…The Bank of Scotland plc…Merchant Turnaround plc…The Merchant House Group…Collyer Bristow LLP…The Worthington Group…Ticketus LLP..Octopus Investments LTD…C Hoare & Co, Private Bankers, The Takeover Panel…Plus Stock Exchange plc…Dickson Minto WS…Saffrey Champness, Cairn Financial Advisors…Dundas and Wilson LLP…MCR Business Consulting (Now Duff & Phelps)…The Chancery…The Dorchester Hotel…A hotel the name of which is to the prosecutor unknown at Charlotte St London: Clarke Wilmot PLC and at addresses meantime to the prosecutor unknown in France and Monaco, you CRAIG THOMAS WHYTE, GARY MARTYN WITHEY, DAVID HENRY GRIER, DAVID JOHN WHITEHOUSE and PAUL JOHN CLARK did conspire together to acquire and obtain by fraud a majority and controlling stake in the shareholding of the club (herinafter referred to as the “acquisition”) through Wavetower Limited..this being a company incorporated for the purpose of and the means used to effect said acquisition and a company managed and controlled by you CRAIG THOMAS WHYTE and also being a wholly owned subsidiary of Liberty Capital Limited a company incorporated in the British Virgin Islands..this being a company owned by you CRAIG THOMAS WHYTE and of which you were the sole director, and in furtherance thereof by means of fraud, false representations and false pretences made by you CRAIG THOMAS WHYTE, GARY MARTYN WITHEY, DAVID HENRY GRIER, DAVID JOHN WHITEHOUSE and PAUL JOHN CLARK and by the hands of your authorised employees, agents and representatives through inter alia meetings, telephone calls, correspondence and emails did:-

 

 

https://rangersfraudcase.wordpress.com/2016/01/05/the-indictment-part-1/

Edited by forlanssister
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Seems to have opted for the Campbells soup approach.

 

The Indictment

 

Five people appeared in court in Edinburgh today, Craig Whyte, David Grier, David Whitehouse, Paul Clark and Charles Green. For legal reasons we cannot report the bulk of proceedings but can summarise the charges as they stand at the moment.

 

The indictment read to the court is 20 pages long but can be broken down to three sections. The first set of charges relate to allegations that Craig Whyte fraudulently acquired Rangers Football Club (RFC) by concealing the fact he was funding his takeover using money borrowed from “Ticketus” (Octopus investments) instead claiming to various bodies that he was using his own personal wealth. He also committed fraud by not disclosing he had been previously banned from being a company director. David Grier David Whitehouse and Paul Clark are charged with conspiring in this alleged fraud to the sum of £28,262,094 with Whitehouse and Clark also accused of conspiring to pervert the course of justice by not disclosing information to a court.

 

The second set of charges relate to allegations of a conspiracy between Whyte, Whitehouse, Clark and Charles Green to place RFC in administration and then, after appointing Duff and Phelps as administrators acquiring the assets of the business for a sum significantly below the market value using a company, Sevco 5088 as a vehicle. This, the prosecution say deprived the company’s creditors of money that should have been due to them. Greens consortium, the Crown said, paid Duff and Phelps a £200,000 “exclusivity fee,” of which £137,500 of which was refunded by Craig Whyte. Green is also charged with misleading investors and others about Whyte’s role in the transaction.

 

The third set of charges relate to Green transferring the assets of the club to a new entity “Sevco Scotland Ltd,” hence taking possession of a “non-cash asset” without the approval of the directors of Sevco 5088. This also deprived investors in Sevco 5088 of a financial benefit and later led to inviting the public to invest in shares at an Initial Public Offering while depriving them of pertinent information, ie the potential claim of Sevco 5088 on the company.

 

No pleas or declarations can be reported. The case continues.

 

 

https://rangersfraudcase.wordpress.com/

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The full rap sheet

 

http://www.dailyrecord.co.uk/news/scottish-news/rangers-court-claims-five-chiefs-7124248

 

CHARGE 1: That between January 1, 2010, and February 16, 2012, Whyte, Withey, Grier, Whitehouse and Clark committed fraud by conspiring to obtain a total of £28,262,094 from Merchant Turnaround and Ticketus.

 

It is alleged the Ticketus cash was used to fraudulently persuade Sir David Murray’s representatives that Whyte had the money to buy Rangers.

 

CHARGE 2 (NEW): That Whyte and Withey breached the Proceeds of Crime Act by concealing the “nature, source, ownership and rights” of the Ticketus money so it could be used to buy the club.

 

CHARGE 3 (NEW): That between January 1, 2011 and February 14, 2012, Whitehouse and Clark breached the Proceeds of Crime Act. It’s claimed they “knew or suspected” Whyte was involved in laundering the Ticketus money and failed to tell the authorities.

 

CHARGE 4: That between December 13, 2010 and January 31, 2012, Whyte, Withey, Grier, Whitehouse and Clark breached the Criminal Justice and Licensing (Scotland) Act 2010 by agreeing “to do something you knew or suspected, or ought reasonably to have known or suspected, would enable or

further the commission of serious organised crime”.

 

CHARGE 5: That Whyte and Withey broke the Companies Act 2006 by using a “proportion of the club’s prospective income from season tickets for 2011-12, 2012-13 and 2013-14 to pay a debt due by the club and fund the acquisition of the club”.

 

CHARGE 6: That on May 20, 2011, at the Scottish Football Association, Whyte and Withey failed to disclose that Whyte had been disqualified as a company director.

 

CHARGE 7 (NEW): That between January 31, 2011 and June 14, 2011, Whyte and

Grier tried to obtain £253,800 from Rangers by fraud. It’s claimed that on May 11, 2011,

a bill for that amount was sent to

Rangers when it should have been sent to Liberty Capital, a company Whyte owned.

 

CHARGE 8 (NEW): That between May 9, 2011 and November 28, 2011, more invoices were sent to Rangers that should have been sent to Liberty Capital. Prosecutors claim Whyte and Grier obtained £409,320.

 

CHARGE 9 (NEW): That between August 18, 2011 and October 4, 2011, Whyte and Grier obtained £66,120 by fraud from Rangers using a bill that should have gone to Liberty Capital.

 

CHARGE 10 (NEW): That between May 6, 2011 and March 19, 2012, Whyte, Withey, Grier, Whitehouse and Clark acted to make the club’s administration inevitable so Whyte could buy it back from the administrators debt-free.

 

CHARGE 11: That on July 16, 2012, Whitehouse and Clark tried to pervert justice by submitting a false statement to Court of Session judge Lord Hodge.

 

CHARGE 12: That between February 14, 2012 and October 30, 2012 Whyte, Whitehouse, Clark and Green fraudulently acquired Rangers for a sum below its

true market value.

 

Prosecutors claim Whitehouse and Clark falsely pretended they would act in the interests of Rangers’ creditors as administrators. They allegedly agreed that Green would “falsely present” himself as an “independent purchaser of the club”.

 

It is also claimed Whitehouse and Clark permitted the transfer of £291,823.10 from Rangers Youth Development Ltd to Sevco.

 

CHARGE 13: That between February 1 and December 31, 2012, Whyte, Whitehouse, Clark and Green agreed “to do something you knew or suspected, or ought reasonably to have known or suspected, would enable or further the commission of serious organised crime”.

 

It is claimed the men conspired to buy the club from the administrators for “significantly below the true market value”, depriving Rangers’ creditors of money they were due.

 

CHARGE 14: That Green took £5.5million for his own use which he obtained by fraud.

 

Prosecutors claim he bought “the

business and assets of the club through its corporate entity Sevco Scotland Ltd with money provided by investors to Sevco

5088 Ltd without their knowledge and agreement”.

 

CHARGE 15 (NEW): That between November 10, 2015 and November 24, 2015, Whyte failed to disclose the passwords and usernames needed to unlock two mobile phones, a portable drive and a MacBook Pro which were seized from him.

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How will this affect Rangers when all this pans out?,what do we expect to get out of this should they be found guilty?

 

Impossible to tell at this stage but I wouldn't rule anything out.

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