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Businessman jailed for £11m fraud Businessman jailed for £11m fraud
(4 days later)
A company director behind one of Scotland's largest financial crimes has been jailed for almost five years.A company director behind one of Scotland's largest financial crimes has been jailed for almost five years.
John Kirke Walker, 57, from Penicuik, Midlothian, sold nearly £11m of bogus insurance cover.John Kirke Walker, 57, from Penicuik, Midlothian, sold nearly £11m of bogus insurance cover.
His firm Tribune Risk and Insurance Services left more than 43,000 clients with worthless policies after its main underwriter pulled out.His firm Tribune Risk and Insurance Services left more than 43,000 clients with worthless policies after its main underwriter pulled out.
Judge Lord Carloway said it was a fraud on a "very large scale" which had seen many people suffer significant losses.Judge Lord Carloway said it was a fraud on a "very large scale" which had seen many people suffer significant losses.
He told Walker that he would have jailed him for six years but the sentence would be reduced to four years and 10 months because of his guilty plea.He told Walker that he would have jailed him for six years but the sentence would be reduced to four years and 10 months because of his guilty plea.
Terror attacksTerror attacks
Walker, who ran the company in Eskbank, Midlothian, claimed approved firms were underwriting his policies when they were not doing so.Walker, who ran the company in Eskbank, Midlothian, claimed approved firms were underwriting his policies when they were not doing so.
The business, which employed 109 people and attracted 800 policies a week at the height of its success, was badly hit by the terror attacks on the US on 11 September, 2001.The business, which employed 109 people and attracted 800 policies a week at the height of its success, was badly hit by the terror attacks on the US on 11 September, 2001.
The two-year scam meant that when some customers came to make claims, they were left with no insurance and had to find money for hefty bills.The two-year scam meant that when some customers came to make claims, they were left with no insurance and had to find money for hefty bills.
At an earlier hearing at Edinburgh Sheriff Court, Walker admitted committing the fraud of just over £10.9m.At an earlier hearing at Edinburgh Sheriff Court, Walker admitted committing the fraud of just over £10.9m.
The court heard he pocketed £550,000 over two years.The court heard he pocketed £550,000 over two years.
You took from thousands of ordinary people premiums for household insurance you didn't obtain Lord CarlowayYou took from thousands of ordinary people premiums for household insurance you didn't obtain Lord Carloway
In June he was referred to the High Court for sentencing.In June he was referred to the High Court for sentencing.
Jailing Walker, Lord Carloway said: "I'm satisfied that your decision was not made for the purpose of achieving any immediate substantial financial gain.Jailing Walker, Lord Carloway said: "I'm satisfied that your decision was not made for the purpose of achieving any immediate substantial financial gain.
"The concern of this court is that you took from thousands of ordinary people premiums for household insurance you didn't obtain.""The concern of this court is that you took from thousands of ordinary people premiums for household insurance you didn't obtain."
The judge added that Walker had not understood how serious the charges against him were.The judge added that Walker had not understood how serious the charges against him were.
Full resposibilityFull resposibility
Although he had a previous conviction for fraud, Lord Carloway said he accepted he had lived an otherwise blameless life.Although he had a previous conviction for fraud, Lord Carloway said he accepted he had lived an otherwise blameless life.
In mitigation, defence counsel Mhairi Richards QC said problems began after a company named Highway pulled out of the business in December 2001.In mitigation, defence counsel Mhairi Richards QC said problems began after a company named Highway pulled out of the business in December 2001.
She said her client accepted full responsibility for the decision to carry on rather than fold the business.She said her client accepted full responsibility for the decision to carry on rather than fold the business.
The firm was liquidated in December 2003The firm was liquidated in December 2003
Ms Richards said a replacement underwriter was eventually found to start on 1 March, 2004 and Walker was confident that he was in a position to trade his way out of trouble.Ms Richards said a replacement underwriter was eventually found to start on 1 March, 2004 and Walker was confident that he was in a position to trade his way out of trouble.
By the end of 2003 the company was attracting 800 new policies a week with a projected income of £15.7m by November 2004.By the end of 2003 the company was attracting 800 new policies a week with a projected income of £15.7m by November 2004.
However, the amount of claims also grew and Ms Richards said this accounted for a substantial amount of the £10.9m.However, the amount of claims also grew and Ms Richards said this accounted for a substantial amount of the £10.9m.
Ms Richards insisted that in four years Walker never drew a salary and only took £61,000 from the company.Ms Richards insisted that in four years Walker never drew a salary and only took £61,000 from the company.
Advocate Depute Peter Hammond said the Crown stood by the £550,000 estimate of the amount made by Walker.Advocate Depute Peter Hammond said the Crown stood by the £550,000 estimate of the amount made by Walker.