Page 132 - Combined file Solheim
P. 132

CLAIM NO F00BN141
                                                                          FIRST DEFENDANT’S POSITION STATEMENT


                    33     This is a clear admission of fraud, perjury and his intent to mislead his legal and
                           other advisers and the insurers.

                    34     The Claimant was worried – bordering on paranoid - that Diamond Insurance was
                           keeping him under surveillance, had accessed his bank accounts and would require
                           detailed financial disclosures, possibly on oath.

                    35     It is not surprising, given the above, that the Claimant was desperate to hide the
                           truth from his solicitors, advisers and insurers.  Concealment of his dishonesty is
                           believed to be the primary reason he refused to make any financial declarations, to
                           discuss the £500,000, to say whether it was a loan or a gift or to participate as a
                           witness in the FD’s Final Hearing on 20  May 2018.
                                                              th

                    36     It was also an important factor in his decision to hide the AIG compensation by
                           transferring £500,000  into the safety of the FD’s mortgage account and to
                                              15
                           disassociate himself from it. He was caught in a classic “Catch 22 situation”. He
                           wanted to get the incriminating compensation out of his accounts and to isolate
                           himself from it; to achieve this it had to be a “gift ” of irrevocable transfer.
                                                                       16
                    37     In  November and December 2016, the Claimant was awash with cash, glowing
                           with generosity before Christmas and throwing his money about like never before.

                    38     His bank statement shows the following payments:
                           a.  1  November 2016      Louise Siggers             £10,000.00
                               st
                           b.  1  November 216       Unknown cheque (0042)      £7,926.02
                               st
                           c.  21  November 2016     Louise Siggers             £20,000.00
                                st
                           d.  21  December          Five children? £1,000      £5,000.00
                                st
                                                                                          17
                    39     He has never claimed that the £10,000  (a) paid to the FD or the £5,000 (d) to
                                                              18
                           the children were other than gifts. Working notes, he left behind in Nutley Place
                           show he struggled to deal with the payment of £20,000 (c) which related to his
                           long-term promise to buy the FD a horse . He planned to claim back the £20,000
                                                               19
                           as a loan, then had second thoughts: even he could not argue that buying as horse
                           was “a contribution towards property”.

                   5.  PAYMENT INTO THE MORTAGE ACCOUNT
                    40     The process the Claimant used to pay £500,000 into the mortgage account was
                           convoluted, devious and intended to disassociate his name from the transaction.
                           Details are set out in Exhibit B.

                    41     The points to note are

                             the money was paid into the main mortgage account rather than into the front-
                                                                                                                 Page6
                              end or “feeder” current account;



                   15  Plus £20,000 to buy her a horse and £5,000 to the children = total of £525,000
                   16  Complying with every legal definition of a gift. A loan would still remain his asset and would not meet his concealment
                   objectives
                   17  Making up the total of £525,000
               Bates Number Bates No132
                     Believed to be compensation for his cancelled trip to the Himalayas
                   18
                   19  Originally when he sold his shares in Cruisin’
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