Bankrupt builder jailed for six months

A BANKRUPT builder was caught working under another name when his employer read an article in the Herald Express.

Brian Kerr has been sent to jail for six months at Exeter Crown Court for not telling the authorities he was using an alias.

Kerr, 55, of Orchard Terrace, Abbotskerswell, owed creditors thousands of pounds, but failed to tell the Official Receiver he was working full-time and using the first name Donald as an alias.

During his trial last year his employer told the court he recognised Kerr from a report in the paper which included a photo.

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It alerted him to the fact the man he employed, who he knew as Donald Kerr, was in fact Brian Kerr.

Kerr had denied two counts of failing to disclose he was employed by GKR Maintenance and Building Company Ltd and went by the name Donald Kerr but was found guilty by the jury.

The court was told he had been declared bankrupt in January 2009.

When somebody is made bankrupt the Official Receiver is appointed with responsibility to manage their affairs and assets.

Kerr was under a legal duty to disclose facts about his life so his assets could be paid to creditors.

But when asked about his assets Kerr failed to disclose his alias and that he was employed by GKR Maintenance.

As a result the Official Receiver could not take steps to recover money from his income and earnings and creditors lost at least £6,500.

Kerr had several opportunities to disclose his alias and employment status, but failed.

The charges were brought by the Department for Business, Innovation and Skills.

It is not the first time Kerr has been in trouble with the courts.

A court report published in the Herald Express in March 2010 described Kerr as a twice-bankrupt cowboy builder with a string of aliases.

The court was told he had been banned for 15 years from managing a company without the permission of the courts and used different trading names to hide the fact he was known for his bad building practices.

After his latest sentence, John Pearson, the investigation officer for the Department for Business in cooperation with the Insolvency Service, said: "This should send out a strong message to all those who believe they can use the bankruptcy regime to discharge themselves of their debts while still aiming to keep their assets and deprive their creditors.

"The DBIS will always investigate and where appropriate, prosecute those people who commit these serious criminal offences."