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Barclays faces trial over £90m Ponzi scheme claims

Created at 10 Sep · 1:51 AM1 source↑ Market-relevant
IN SHORT

Barclays will face trial over claims it dishonestly assisted directors in a £90 million Ponzi scheme, after a judge refused to dismiss the case. Liquidators allege the bank's relationship manager approved millions in transfers without raising concerns. The scheme defrauded hundreds of retail investors.

Key Numbers

£90mtotal claims against collapsed investment scheme
£37.8mpotential Barclays liability in claims
£41mpeak assets held by the scheme
3%promised monthly return to investors
1,000investors defrauded

Who's Involved

Barclays
faces trial over claims of dishonest assistance in a Ponzi scheme
Andrew Wileman
Barclays relationship manager accused of approving suspicious transfers
Denaro (UK) Limited
company at the center of the alleged Ponzi scheme
HHJ Cadwallader
High Court judge who permitted claims to proceed
Barclays faces trial over £90m Ponzi scheme claims

↳ Why This Matters

The case highlights potential bank liability for facilitating financial fraud, impacting investor confidence and the scrutiny applied to banking relationships with high-risk investment schemes.

Key facts

  • Barclays faces potential liability of up to £37.8 million in claims linked to a collapsed investment scheme.
  • The scheme, operated by Liverpool-based Denaro, defrauded hundreds of retail investors.
  • Liquidators allege investor funds were moved through a Barclays account into a separate partnership account, from which founders took substantial sums.
  • Barclays' relationship manager, Andrew Wileman, is accused of approving tens of millions in transfers without raising concerns.
  • The scheme, which promised a 3% monthly return, collapsed with over £90 million in creditor claims.
  • The High Court allowed amended claims for dishonest assistance and breach of Quincecare duty against Barclays to proceed.

Barclays is set to face a trial over its alleged role in a £90 million Ponzi scheme after a judge refused to dismiss claims against the bank. Liquidators of Denaro (UK) Limited, the company at the heart of the alleged fraud, are pursuing Barclays for dishonest assistance and breach of the Quincecare duty.

The scheme, which operated from 2013 until its collapse, defrauded hundreds of retail investors by promising a 3% monthly return on loans. According to court documents, founders with no financial background persuaded local people to invest thousands of pounds.

Liquidators allege that investor funds were channeled through a Barclays company account into a separate partnership account, also held at Barclays. From this second account, the founders allegedly took "very substantial sums for themselves." Some funds were reinvested into other speculative vehicles, some of which were themselves Ponzi schemes, while the remainder was used to pay existing investors, a structure sustained by new investor recruitment.

Lawyers for the liquidators argued that the Ponzi scheme could not have operated without Barclays' banking facilities. They accused Barclays' relationship manager, Andrew Wileman, of "dishonestly assisting the directors in their alleged breaches of fiduciary duty" by approving tens of millions of pounds in transfers without raising concerns. Wileman reportedly told colleagues that the founders were "very transparent" and described Denaro as a "members' club" involved in "99 per cent FX speculation."

Barclays sought to have the case dismissed, but a judge ruled that the matter must proceed to trial. The scheme stopped accepting new investors in 2019 and was ordered to wind down last year, leaving hundreds of creditors out of pocket. At its peak, the scheme held assets exceeding £41 million.

Frequently asked questions

A Ponzi scheme is a fraudulent investment operation where early investors are paid with the money of later investors. It requires a constant flow of new money to remain solvent and typically collapses when recruitment slows.

The Quincecare duty is an implied term in a bank's contract with its customer, obliging the bank to refrain from executing a payment instruction if it has reasonable grounds to suspect fraud or misappropriation of funds.

Dishonest assistance refers to a legal claim where a third party (in this case, Barclays or its employee) dishonestly assists a trustee or director in breaching their fiduciary duties, leading to loss for beneficiaries or creditors.

What Happens Next

01The case will proceed to trial.

Discussion

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How It Developed

A judge refused to dismiss claims against Barclays linked to a collapsed investment scheme.
Liquidators allege Barclays' relationship manager dishonestly assisted directors in breaches of fiduciary duty.
The High Court permitted amended particulars of claim against Barclays to proceed to trial.

Sources

T1
Barclays faces legal scrutiny over role in £90m ‘Ponzi scheme within a Ponzi scheme’City AM
T2
Lender MFS Sues Barclays Over Fallout From £1B Insolvencylaw360.com
T2
Barclays (BARC) Faces Trial Over £90m Ponzi Scheme After Judge Rejects ...londoninsider.co.uk
T2
Denaro (UK) Limited v Bracken: Barclays fails to strike out £37.8m ...solicitorsjournal.com

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