Criminal proceedings against a former director of a social enterprise who denied defrauding his workers’ pensions have been ceased after it was confirmed that he had died.
At a hearing today at Southwark Crown Court, the proceedings brought by The Pensions Regulator (TPR) against Nicholas Marks, were ceased after it was confirmed Mr Marks had recently passed away.
Mr Marks, 57, of Heath Road, Beaconsfield, Buckinghamshire, was due to stand trial on 18 May 2026 at Southwark Crown Court on one count of fraud by abuse of position in respect of employees of social enterprise Clarity Products Ltd, and a further such count in respect of employees of Lunar Automotive Ltd. Mr Marks previously entered not guilty pleas to both charges.
TPR recognises the impact on the victims affected and has notified them accordingly.
Notes for editors
- At a Plea and Trial Preparation Hearing on 8 May 2024 at Southwark Crown Court, Mr Marks pleaded not guilty to both charges of fraud by abuse of position, and a trial was fixed for 18 May 2026 at Southwark Crown Court. Press notice: Former company director denies pension fraud against employees.
- At a hearing on 10 April 2024 at Westminster Magistrates Court, Mr Marks pleaded not guilty to both fraud charges. Press notice: Former company boss denies pension fraud charges.
- Under Section 4 of the Fraud Act 2006: Fraud by Abuse of Position, a person is in breach of this section if they:
- occupy a position in which they are expected to safeguard, or not to act against, the financial interests of another person,
- dishonestly abuse that position, and
- intend, by means of the abuse of that position:
- to make a gain for themselves or another, or
- to cause loss to another or to expose another to a risk of loss
- TPR is the regulator of work-based pension schemes in the UK. Our statutory objectives are to:
- protect members’ benefits
- reduce the risk of calls on the Pension Protection Fund
- promote, and improve understanding of, the good administration of work-based pension schemes
- maximise employer compliance with automatic enrolment duties
- minimise any adverse impact on the sustainable growth of an employer (in relation to the exercise of the regulator’s functions under Part 3 of the Pensions Act 2004 only)
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