A convicted fraudster has been given a suspended prison sentence after he changed his name in breach of a serious crime prevention order – a Serious Fraud Office first.
David Hardie, formerly known as David Black and David Diaz, was sentenced to 16 months’ imprisonment suspended for two years at Southwark Crown Court on Tuesday.
The court heard the fraudster had conducted business and employment dealings under the name David Hardie shortly after he was released from prison following a 2018 conviction for a £17m solar panel fraud.
The case is the first Serious Fraud Office prosecution of an individual for a serious crime prevention order (SCPO) breach. The SFO was alerted to the breach after Hardie wrote to authorities under his new name in 2022. He admitted to having used the name in business dealings for more than two years.
The court heard one of the SCPO’s requirements, which was imposed on 9 September 2019, was that Hardie use his name David Black in business and employment dealings with a company he worked for in an introductory role.
Hardie has since changed his name legally by deed poll and informed the SFO.
Hardie claimed he was ‘wrongly advised’ by a lawyer but the advice was actually for his co-defendant, the court was told.
Sentencing Hardie, who wore a suit and spoke only to confirm his name, Mr Recorder Alex Lock said: ‘The order was written in clear and straightforward terms. In fact, between 18 February 2021 and 19 September 2023 you used an alias, David Hardie, in your business and employment dealings. This is a clear breach of the order.
‘You say you were wrongly advised as to your obligations which may have been a factor but it seems reckless on your part to rely on such advice particularly when it seems not to have been directed at you.’
The judge said that he accepted Hardie may have used a different name for ‘benign reasons’ but that it offered ‘no excuses for breaching the order’. He described the breach as ‘serious and persistent’.
Hardie was sentenced to 16 months in prison suspended for two years. The judge also imposed a rehabilitative activity requirement of 30 days and 200 hours of unpaid work.
The SFO sought costs of £96,007 which the judge described as appearing ‘high for a matter of this nature’ before reducing the fees to £64,000 and ordering Hardie pay £6,400 of those costs.
