Craig LaPenna Spared Jail After Court Told He Was A 'Godsend'
A multi-millionaire who ran an illegal money lending racket
has escaped jail after he was hailed as a ''godsend'' by borrowers who said his
money to keep their businesses afloat when they were refused help from high
street banks.
Craig LaPenna, 57, illicitly leant out £1.1m to 30 business
associates and friends including his joiner, his barber and even his former
bank manager after each failed to get credit from mainstream financial
institutions to fund their business ventures.
Some given money under informal loan arrangements hailed
LaPenna as ''their rock'' and ''a gentleman" with one saying: “Without
Craig's participation, my project would not have been completed due to lack of
funding.''
But financial regulators launched a two year investigation
into the wealthy businessman and his wife Samantha, 44, after discovering he
was not authorised to lend the cash and was making up to £500,000 a year on
interest payments alone.
Investigators searched the couple's luxury mansion in a
millionaire's row popular with Premier league football stars and discovered
paperwork which showed the couple had received £4.3m over one three year period
- which including £1.5m from repayments on various loans.
Some borrowers had been charged five per cent interest and
others none at all - but it is though one was charged up to 1,000 pc. One small
time businessman who borrowed £15,000 from Lapenna lost his business and ended
up owing the same amount despite paying £21,000 in interest payments. Another
was paying £1,800 every three weeks to service a loan of £15,000.
At Minshull Street Crown Court, Manchester, LaPenna faced
jail after admitting illegal money lending offences and converting criminal
property but he walked free with a 16-month prison sentence suspended for two
years after several borrowers submitted statements to a judge claiming his
illicit cash loans had helped save their businesses
He plans to continue his loans business but has now pledged
to follow the legal requirements and get the venture properly registered.
The racket operated between 2014 and 2018 after LaPenna -
who was licensed as a credit broker in 1989 - applied for a consumer credit
licence in 2010 only for it to be rejected due to him failing to produce enough
information about his proposed loans procedures.
Investigators learnt of the illegal enterprise in 2017 and
subsequently searched the Lapenna's opulent six bedroomed £1.5m property in
Wilmslow, Cheshire and examined bank records.
Richard Barraclough prosecuting said: ''One financial
investigator calculated there were at
least 30 borrowers and more than 100 loans to a total value of £1,038,585 and
that Mr LaPenna was paid £1.5m by those borrowers alone. Mr LaPenna accepts that some £197,650 worth
of illegal loans were made to 19 customers which resulted in repayments of
£405,622
''He also accepts that during the period 2014 to 2018 he was
engaged in the recycling of monies from the illegal money lending
business. Essentially between January
2015 and 30/4/18 Mr and Mrs LaPenna paid out of their accounts £1.8m and
received over £4.3m.
''The analysis of one email discloses that by the end of
December 2015 Mr LaPenna expected to receive £9,400 per week by way of loan
repayments from 13 borrowers and those payments effectively represented that
week’s interest only repayments. If that is a reliable snapshot of the scale of
the business at that time it would equate to an annual interest repayment in
the region of £500,000.''
One businessman who wanted to buy new machinery for his
printing company borrowed £15,000 from LaPenna because he was unable to get a
bank loan. But he ended up paying an extra £500 a week interest and ended up
paying £21,200 in interest payments alone without paying any the original debt.
His firm later shut down. A woman who borrowed £2,000 paid over a total of
£4,450.
LaPenna later told investigators he had dealt with people
who cannot “go down the normal route” saying many borrowers were old friends.
He added: ''If someone needed a car and cannot go to banks I
would lend. The client may also be a struggling company. I would go into a business which wants money
and lend money whilst the borrower sorts out a bridging loan. I would lend in
order that a business might expand.''
A friend of Mrs LaPenna was loaned cash to open a restaurant
whilst publican Robert Skellern who was loaned £21,000 to refurbish his bar
said: ''No way could I have taken his business to the next level without Craig.
We were able to achieve a lot together".
Former bank manager Neil Travis was loaned £5,000 for a
kitchen before borrowing a further £40,000 for his kitchen and bathroom
company.
In a statement he said: ''I needed money quickly and could
not get credit from normal lenders. I
get on well with Craig and he was funny, charming and business like. There were
no penalties for late payment and no threats or demands if I fell behind.'
Former school friend Gary Churchill said: ''It was often
cheaper than using official loans because you could pay off the debt
early. It was a rolling facility and I
was never put under any pressure. Craig
is a godsend and a gentleman.''
LaPenna's barber Paul Morgan said: ''I borrowed for my
business and to buy equipment for my salon. There was no pressure and I
sometimes paid Craig back by cutting his hair.''
In mitigation LaPenna's counsel Chris Daw QC said: ''This is
not a case of loan sharking to vulnerable individuals or of using violence or
threats to secure repayment.
''These loans were made to businesses, who had been refused
credit by banks and other mainstream lenders. Without Mr LaPenna who is a very
successful businessman many of them would have gone under and many people would
have lost their jobs.
''Most of the borrowers needed the money for a matter of
weeks or a few months and were very happy with the flexibility offered by Mr
LaPenna - they could pay off the loan as soon as they were in a position to do
so, unlike with a bank loan. Most
borrowers paid interest far below the rates of payday lenders like Wonga and
the like.
''But because of the high risk nature of the lending Mr
LaPenna often lost money where businesses went bust and could not make
repayment. In many cases he hasn’t got his money back when businesses have gone
bust. Yet still countless clients attest to having received no pressure.
''However he is well aware that he must formalise his lawful
and exempt lending in the future in order to avoid the risk of further legal
action against him.
''He has taken high level legal advice on this and
understands the need for full compliance going forward. He is completely committed to running his
business in a legal and compliant way.''
Sentencing Judge Paul Lawton told LaPenna: ''Your modus
operandi was to offer businesses which were excluded from mainstream sources of
funding but you knew full well you were committing criminal offences.
''To many, if not all, you were a last financial lifeline
but this only highlights the danger of such loans. Some of your clients see you as a saviour,
that much is clear but some found themselves paying in excess of 1000pc
interest. Such deals would not be remotely permissible had they been regulated.
''But I accept this is not the sort of lending where heavies
go round to your house and put pressure on you if you’re late on a payment.
Some have come to you in desperate circumstances and have found their business
going under. A number of people have viewed you as a valuable lifeline.''
Mother of four Mrs LaPenna was given a 12 month conditional
discharge after she admitted money laundering.
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