EMM successfully secure convictions in the largest corporate private prosecution

R (DAS UK Holdings) v Paul Asplin & Others: On 8 July 2018, following a three-month private prosecution at Southwark Crown Court, Paul Asplin (formerly DAS UK Chief Executive Officer), David Kearns (formerly DAS UK Assistant General Manger) and Sally Jones (formerly DAS UK Marketing Manager) were convicted of Conspiracy to Defraud. Paul Asplin was also convicted of furnishing false information contrary to section 17(1)(b) of the Theft Act 1968.

On 13 July 2018, the defendants were sentenced as follows:

Paul Asplin:

  • 7 years imprisonment
  • 12 years Disqualification as a Director under the Company Directors Disqualification Act 1986.

David Kearns:

  • 4 years 3 months imprisonment
  • 8 years Disqualification as a Director under the Company Directors Disqualification Act 1986.

Sally Jones:

  • 3 years 9 months imprisonment
  • 8 years Disqualification as a Director under the Company Directors Disqualification Act 1986.

The private prosecution was brought by DAS UK Holdings Limited (“DAS UK Holdings”) who have said that “We are pleased with today’s outcome. The DAS brand itself stands ‘First for Justice’. Having found evidence indicative of wrongdoing, it was important that the company pursued the matter to its conclusion.”

Edmonds Marshall McMahon was instructed in 2015 and commenced a full investigation. Kate McMahon was the partner in charge of the investigation and gathering of evidence.

The trial judge, His Honour Judge Beddoe said the following (when describing Asplin’s defence):

I am quite sure you are a greedy, arrogant and manipulative man who for years exploited the trust the German shareholders had in you. As a matter of honour and decency they felt they had no choice but to support you… Your defence was a mean-spirited attempt to denigrate the honest and decent people who came here to tell the truth. It did not succeed.”

Andrew Marshall was the trial partner who successfully steered the case through this complex trial.

Summary of the Case

Between 2000 and 2014, Paul Asplin and others defrauded DAS UK Holdings and its associated companies. Paul Asplin, the former Chief Executive Officer of DAS UK Holdings, and David Kearns, a former senior employee of DAS UK Holdings, established a medico-legal reporting agency, Medreport Limited, in which they both held secret interests. Thereafter, they fed profitable casework to Medreport and committed DAS UK Holdings contractually to Medreport Limited.

Through these arrangements – which were an abuse of their positions – they drew substantial personal financial benefit for themselves and their respective wives, which they deliberately concealed from DAS UK Holdings.

Documentary proof of Paul Asplin, David Kearns and Sally Jones’ interests were finally revealed following the investigation conducted by Kate McMahon. 

Edmonds Marshall McMahon

Edmonds Marshall McMahon was established in 2012 to conduct large scale, complex fraud cases and this case is typical of the cases Edmonds Marshall McMahon successfully conducts. It is the UK’s premier private prosecution firm and is staffed by experienced prosecution specialists providing unparalleled depth of knowledge, skill and experience.

The outstanding team that worked on this case included Kate McMahon (Partner), Andrew Marshall (Partner), Penny Brown (Senior Associate), Nikos Keim (Associate), Caroline Karlsson (Associate), Sara Trainor (Associate), Oliver Rutledge (Paralegal), Pippa Marshall (Paralegal) and Ekaterina Pakerova (Paralegal).