The Pensions Regulator has published a report on its first criminal prosecutions for the failure to provide requested information as part of ongoing investigations.

According to the Regulatory intervention report, TPR was successful in two separate cases against a solicitor Anthony Wilson and the firm where he is a partner, Ashley Wilson Solicitors LLP; and the head of a charity Patrick McLarry.

Using its section 72 power to require information, the regulator performed a search warrant on London-based Ashley Wilson Solicitors LLP to obtain documents related to a property that linked to an individual who was involved in a TPR pension scam investigation.

TPR issued a notice on 26 June 2015 requiring documents to be produced by 30 June 2015. Wilson handled the matter personally; however, despite numerous emails, calls and letters from the regulator, the documents were not produced until 17 March 2016 when TPR went to the solicitor’s offices with a search warrant.

While guilty of not providing the documents required, the solicitors and their client were not themselves under investigation. Nonetheless, Ashley Wilson Solicitors LLP and Anthony Wilson pleaded guilty at Brighton Magistrates’ Court for failure to provide requested information under section 72 without a reasonable excuse.

As a result, district judge Christopher James issued Wilson a £4,000 fine, £7,500 costs and a £120 victim surcharge. Ashley Wilson Solicitors LLP was also ordered to pay a £2,700 fine, £2,500 costs and a £120 victim surcharge.

The second case also saw TPR prosecute Yateley Industries for Disabled Limited chief executive Patrick McLarry for failing to provide documents linked to an investigation into unusual scheme investments. Although being pursued for over 18 months, McLarry did not hand over information to the regulator.

Although pleading not guilty to refusing to produce information, McLarry was convicted of the offence and fined £2,500, £4,000 costs and a £120 victim surcharge.

McLarry provided the information to TPR a week after his conviction, while the documents required from Ashley Wilson Solicitors LLP and Anthony Wilson was obtained when TPR executed a search warrant prior to their conviction.

Overall, the report alerts others of TPR’s prosecution powers for those neglecting or refusing to provide information required under section 72 of the Pensions Act 2004.

TPR executive director for frontline regulation Nicola Parish, said: “Our power to require companies and individuals to provide us with information is an important tool in our regulatory case work. The refusal to provide specifically requested information was the simple reason for these two recent prosecutions.

“Going forward we will not hesitate to prosecute further companies or individuals if they refuse to give us the right information to investigate cases and ultimately protect pension savers.”

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