CPS News Brief

Man convicted of the murder of Roberto Troyan

David Jeffs was convicted today at Croydon Crown Court for the murder of Roberto Troyan on 8 March 2013. Jeffs was also convicted of fraud and will be sentenced at a later date.

Baljit Ubhey, CPS London Chief Crown Prosecutor, said: “This was a case of cold and calculated deception which resulted in the violent murder of Roberto Troyan by David Jeffs.

“As Mr Troyan’s financial adviser, David Jeffs was able to gain his trust but then quickly began to abuse that relationship to fund his own extravagant and excessive lifestyle.

“Jeffs exploited Mr Troyan’s lack of financial knowledge to steal £343,000 which he spent on sports cars, luxury hotels, exotic holidays and hospitality tickets to sporting events.

“When he realised his dishonesty was about to be exposed Jeffs murdered Mr Troyan and created an elaborate web of lies to account for his spending and to cover-up the murder.

“Today he has been brought to justice for his crimes and we hope his conviction will bring some comfort to Mr Troyan’s family. Our thoughts are with them at this time.”

Two charged in match-fixing investigation

Two men suspected of involvement in football match fixing were charged this afternoon. The Crown Prosecution Service's Organised Crime Division found sufficient evidence and was satisfied it was in the public interest to authorise charges of conspiracy to defraud.

The men, who are alleged to be members of an international illegal betting syndicate based in Singapore, are among six people arrested earlier this week as part of a National Crime Agency investigation. A seventh man has since been arrested and he and four others were bailed today pending further enquiries.

Chann Sankaran, a 33 year old Singapore national, and Krishna Sanjey Ganeshan, a 43 year old with dual UK and Singapore nationality, have been remanded in custody and will appear before Cannock Magistrates on 29 November.

The charges are:

Chann Sankaran – Conspiracy to defraud, contrary to common law.

Between 01/11/2013 and 26/11/2013 at City of Manchester and elsewhere conspired together with Krishna Ganeshan and others to defraud bookmakers by influencing the course of football matches and placing bets thereon.

Krishna Sanjey Ganeshan – Conspiracy to defraud, contrary to common law.

Between 01/11/2013 and 26/11/2013 at City of Manchester and elsewhere conspired together with Chann Sankaran and others to defraud bookmakers by influencing the course of football matches and placing bets thereon.

The maximum sentence for this offence is 10 years’ imprisonment.

The NCA’s investigation continues.

Man sentenced for vandalism of Bomber Command war memorial

Daniel James Smith, 21, was sentenced today to 12 weeks in prison at Westminster Magistrates’ Court for vandalising a war memorial in Central London in June of this year. He pleaded guilty on 1 November to one count of criminal damage and one count of racially aggravated criminal damage.

Baljit Ubhey, CPS London Chief Crown Prosecutor, said:

“This was an appalling act of vandalism which defaced the memorial to the thousands of men who lost their lives in the Second World War flying for RAF Bomber Command.

“It is a particularly shocking crime to consider at this time of year when we remember and honour the individuals who fought for this country. Such behaviour will not be tolerated in our city.

“As the Hate Crime Champion for the CPS I am committed to ensuring that CPS London works with its police partners to tackle this type of behaviour.”

Notes to editors: In the early hours of 5 June 2013 Smith sprayed graffiti onto the Bomber Command War Memorial in Green Park calling for those responsible for the murder of Drummer Lee Rigby to “hang”.

He then sprayed racist graffiti onto the side of the No 1 Knightsbridge building.

Solicitor and former Gloucestershire coroner sentenced for £2m fraud

Alan Crickmore, a solicitor and former coroner for Gloucestershire, has today been sentenced to a total of eight years in prison after pleading guilty to 16 counts of theft and eight counts of fraud at Southwark Crown Court last month.

Jane Mitchell, specialist fraud lawyer for the Crown Prosecution Service, said:

“For a period of 13 years between 1998 and 2011, Alan Crickmore abused his position to systematically steal from and defraud his clients in order to fund an extravagant lifestyle he plainly could not legitimately afford. It is no coincidence that his largest money transfers took place directly before the cruises he went on with his wife.

“Alan Crickmore chose his victims carefully, usually targeting the elderly and infirm. He often stole from vulnerable clients living in nursing facilities or plundered the estates of deceased clients whose wills he had drawn up and been appointed executor. In one such instance, Alan Crickmore not only withheld funds that were bequeathed to a client’s brother in Poland, but in order to keep his fraud a secret he failed even to notify the rightful recipient of his brother’s death.

“As his offending spiralled out of control, his web of lies began to unravel, and he found himself stealing from one client to conceal shortfalls he had created by earlier thefts.

“The victims and their families placed their complete faith and trust in Alan Crickmore, and his betrayal of that trust was flagrant and brutal.

“It is a testament to the strength of the case that the investigators and the legal team were able to build that Alan Crickmore had no choice but to plead guilty to 24 of the 25 counts on the indictment.”

Rakesh Bhayani sentenced for the murder of Carole Waugh

Rakesh Bhayani was sentenced to a life term in prison to serve a minimum of 27 years today (Thursday 28 November) at the Central Criminal Court for the murder of Carole Waugh in April 2012.

Jenny Hopkins, CPS London Deputy Chief Crown Prosecutor, said:

“Carole Waugh was the victim of a cruel and callous plot to take her money during which she tragically lost her life.

“Rakesh Bhayani was a compulsive gambler who would bet, and lose, thousands of pounds at a time. He met Carole in 2008 and from then on she lent him various sums of money.

“In return for her generosity and kindness Bhayani plotted with Nicholas Kutner a complex fraud to steal her assets.

“After Bhayani brutally murdered Carole in April 2012, he and Kutner then proceeded to cynically conceal her death in furtherance of their plan to defraud her estate. They worked together to dispose of her body and to clean and remove her belongings from her flat.

“Kutner even posed as Carole's brother, Chris, in order to try to rent and sell her £650,000 central London flat.

“We hope the convictions today give some small comfort to Carole Waugh’s family. Our thoughts are with them at this time.”

Background

The defendants were/are charged as follows:

Rakesh Bhayani: murder (guilty after trial), conspiracy to defraud (Guilty plea), perverting the course of public justice (Guilty plea). Sentenced to life in prison with a minimum term of 27 years.

Nicholas Kutner: perverting the course of public justice (Guilty after trial), conspiracy to defraud (Guilty plea), three counts of fraud (Guilty plea x 3). Kutner was found not guilty of murder. Sentenced to 13 years in prison.

Elie Khoury: found not guilty of conspiracy to defraud

Julie Witham: conspiracy to defraud (Guilty plea 25.03.13). Sentenced to 12 month Community order and ordered to undertake 140 hours of unpaid work.

Derek Eastham:transferring criminal property (Guilty Plea 24.09.13), possessing criminal property (Guilty Plea 14.6.13). Sentenced to 12 months in prison, suspended for 12 months.

Please note: Elaine Perkins, Deborah Burke and Susan O’Shea are all awaiting trial for one count each of conspiracy to defraud. This will begin on 2 December 2013 at the Central Criminal Court.

Anxiang Du guilty of murder

Anxiang Du, a businessman from the Midlands, has been found guilty of the murder of a family of four in Northampton.

Steve Chappell, Chief Crown Prosecutor, CPS East Midlands said:

“This was a brutal, shocking crime. Anxiang Du travelled to the Dings’ home armed with a knife and killed the whole family in their own home. The evidence was clear that this was an act of pre-meditated revenge and Du knew what he was doing. The jury had the option to consider a verdict of manslaughter, but has delivered a verdict that confirms he was fully responsible for his actions and is guilty of murder.

“The Crown Prosecution Service has been working with the police since the very outset, providing advice to the investigation and taking all the required legal steps to ensure that Du could be brought back to the UK to face trial.

“The Ding family were honest, hard-working and well-liked people. It is a tragedy that their lives were cut short in this way. Our thoughts and condolences are with their family and friends.”

Background information:

Du murdered Jifeng Ding, known as Jeff; his wife Ge Chui, known as Helen, and their daughters Xing (18) and Alice (12) in their home in Wooton, Northamptonshire, on 29 April 2011.

After the murder Ding left the country, and was eventually found in Morocco where he was arrested and extradited back to the UK.

He admitted the killings but raised the partial defences of diminished responsibility and loss of control on the basis of his mental health at the time. He was tried on four counts of murder and today found guilty at Northampton Crown Court.

Ian Watkins pleads guilty to child sexual offences

Catrin Evans, Head of Complex Casework Unit, Crown Prosecution Service Wales, said:

“The three defendants in this case have admitted very serious sexual offences committed against extremely young children, demonstrating sexual exploitation at its worst.

“A number of the victims are too young to be able to understand what has happened to them, yet the defendants exploited them for their own gratification.

“The prosecution case is based on robust evidence uncovered by the investigation team and the South Wales Police High Tech Crime Unit. The CPS team worked closely with the police to build a strong case and this has been a major factor in today’s guilty pleas.

“The CPS will not tolerate child abuse; tackling this unacceptable crime is a priority for all of us in the criminal justice system.

“We have recently issued new guidelines for prosecutors dealing with child abuse cases and are committed to supporting victims and bringing those who abuse and exploit children before the courts.”

CPS decisions in Operation Alice - incident at Downing Street on 19 September 2012

Journalists and users of social media are urged to exercise care and restraint in any additional reporting or commenting on the following statement. This is because they may risk committing a contempt of court as strict liability contempt rules apply.

Alison Saunders, Director of Public Prosecutions, said:

We have considered all of the evidence in this case, including previously unseen, unedited CCTV footage from Downing Street, not referred to by the media. Taking it all into account, including the accounts of the officer at the gate of Downing Street and that of Andrew Mitchell MP before, during and after the incident, we have found that there is insufficient evidence to show that the officer at the gate lied in his account.  The CPS has also found that there is insufficient evidence to show that Mr Mitchell was the victim of a conspiracy of misinformation.

With insufficient evidence to show that the officer at the gate lied in his account, we must consider other matters, as set out below, on that basis.

I have, however, authorised one officer to be charged with one count of misconduct in public office. I will set out the decision making below.

The evidence

The evidence has been reviewed in accordance with the Code for Crown Prosecutors by a Specialist Prosecutor in the Special Crime & Counter Terrorism Division under the personal supervision of Malcolm McHaffie, the Deputy Head of Division. I have in addition sought the advice of an experienced Queen’s Counsel.

The allegations made by Mr Mitchell led to an extensive police investigation involving hundreds of witness statements from police and from staff at Downing Street.

Previously unseen and unedited CCTV evidence has been considered very carefully.  In addition there has been a detailed enquiry into emails, text messages, social messaging and telephone contact between numerous police officers and members of the public.  The locations of mobile telephones have been analysed using cell site technology.  We have considered evidence in relation to 14 individuals including 10 police officers, a member of the media and three members of the public.

Downing Street is a high-risk target that is guarded at all times by armed police officers and protected by two pairs of main security gates. A legal order made in 2008 because of the fear of terrorist attack means that no-one may use the street unless they are authorised or directed by a police officer. Officers were instructed only to open the main gates for motor vehicles and there was a publicised policy to that effect.

The evidence shows that on 19 September 2012 there was an incident at the gates of Downing Street between Mr Mitchell and an armed police officer who, in accordance with his instructions, declined to allow Mr Mitchell to exit on his bicycle via the two pairs of main security gates, which were closed.  The officer instead directed Mr Mitchell to a nearby large pedestrian gate which he opened for Mr Mitchell.

Both Mr Mitchell and the gate officer describe bad language from Mr Mitchell.

The officer describes the following words from Mr Mitchell:

“You should know your f***ing place, you don’t run this f***ing government, you’re f***ing plebs.”

Mr Mitchell describes it as follows:

“I thought you guys were supposed to f***ing help us”.

Although the exact wording of what was said is disputed, both the officer and Mr Mitchell say that the officer warned Mr Mitchell for swearing and Mr Mitchell said he would pursue the matter the next day.

There are no independent accounts of what was said.

The evidence shows that after the incident at the gate the officer immediately told other officers there what had happened; he then made a written note and telephoned a superior officer to inform him. About an hour and a half later, once back at base, he compiled an email about the incident which he sent to his managers and colleagues. The email is what has previously been described as the police ‘log’.

Much of the press reporting to date has assumed that the CCTV recordings show that the gate officer lied about the words used during the incident. The CCTV footage that has been aired publicly was edited and did not show the full picture.

We have been supplied with previously unseen and unedited footage of the incident from five different cameras.  The CCTV footage does not determine the issue completely as it could be consistent with either the accounts of the officer on the gate or Mr Mitchell. It is clear from the footage that there was sufficient time for the words to have been said either as described by the gate officer or as described by Mr Mitchell, and this has been confirmed by an expert. The fact that an expert has confirmed what is possible does not of itself determine the issue. Both the officer and Mr Mitchell agree that the officer warned him about swearing and that Mr Mitchell made a further remark on leaving.  There is no sound recording and the faces of the officer and Mr Mitchell cannot be seen sufficiently clearly. It does show that there are a small number of members of the public present immediately in front of the gate at the relevant time, but what cannot be seen is how many people were immediately off camera but in the vicinity, at least some of whom then quickly came into view. This is consistent with the officer’s account that several members of the public were present. No officer ever mentioned “crowds” being present – this was first mentioned in Channel 4 News/Dispatches programmes in December 2012 and February 2013 – which showed edited footage that was less than clear in a number of regards.

Our determination in relation to the incident also involved careful consideration of evidence concerning conduct and communications by officers and Mr Mitchell both before and after the incident, including the fact that Mr Mitchell’s account has varied since the incident.

The claims made in the Sunday Times about a whistle-blower were first made to the police by David Davis MP and Mr Mitchell.  They have declined to assist the police by naming them.

Our conclusions

Having carefully considered the evidence in accordance with the Code for Crown Prosecutors we have reached the following conclusions:

1)    Events at the gate

There is insufficient evidence to say that the police officer on the gate lied (offence considered: misconduct in public office).

There is insufficient evidence to prove that any officer, alone or with any other officer(s), fabricated a false allegation against Mr Mitchell (offence considered: misconduct in public office).

There is insufficient evidence to prove a criminal conspiracy (offence considered: conspiracy to commit misconduct in public office).

2)    Information leaks

a)    It is clear that information was leaked when an officer, who was unconnected to the incident, sent a copy of the gate officer’s email to the media. There is no evidence that this officer requested or received any payment or reward.

We have carefully considered all the evidence in accordance with the Code for Crown Prosecutors and the CPS Guidance for prosecutors on assessing the public interest in cases affecting the media. 

We considered whether there is sufficient evidence to give rise to a realistic prospect of conviction for either a breach of the Data Protection Act s55 or misconduct in public office.

This type of conduct raises issues in relation to the right to freedom of expression, including the right to freely impart and receive information, and these are important rights enshrined in our law.  In all the circumstances of this case we have concluded that a jury is likely to decide that it was in the public interest for the events at the gate to be made public and it therefore follows that there is insufficient evidence to prosecute any suspect in relation to this leak.

b)    In two instances there is evidence to show that false information was sent, but not by police officers.

There is information, but no admissible evidence, which suggests that an officer’s partner contacted the media, introducing the word “morons” into the press. However, that person is not a public officer and therefore cannot be considered for an offence of misconduct in public office. There is no evidence that any officer has ever claimed that Mr Mitchell used the word “moron”.

In the second instance an unconnected member of the public sent an email to the chairman of the Conservative Party and this was later passed to Mr Mitchell.  The email was sent six days after the incident, on 25 September, when the matter was already public. The correspondent claimed to have witnessed and filmed the incident and said that the word “pleb” was not used. The evidence is clear that this email is a fabrication and was in fact based on media coverage, but again, that person is not a public officer and cannot be considered for an offence of misconduct in public office.

c)    In addition, two officers were considered for offences of perverting the course of justice in terms of the statements they provided to this investigation, but there was insufficient evidence for a realistic prospect of conviction.

The conclusions we have reached do not in any way condone the actions of those involved in this case.

The question of whether proceedings under police regulations should follow against any officer is a matter for the Independent Police Complaints Commission (IPCC) and Metropolitan Police Service.  The fact that an individual has not been charged with a criminal offence does not prevent such proceedings.  

3)    Criminal proceedings

We have also received evidence in relation to PC Keith Wallis who sent an email to the deputy chief whip, John Randall who was his MP, saying that he had witnessed the incident.

We have decided, having carefully considered the evidence in accordance with the Code for Crown Prosecutors, that there is sufficient evidence to charge PC Wallis with misconduct in a public office and that it is in the public interest to do so. I should make it clear the misconduct allegation relates to evidence that PC Wallis falsely claimed to have witnessed the incident, not to how the incident was described in his account.

PC Keith Wallis has been charged and is required to attend Westminster Magistrates’ Court on 16 December 2013.

PC Keith Wallis now stands accused of a criminal offence and is entitled to a fair trial.  Care should be taken that nothing is reported which may prejudice his trial.

 

STATEMENT OF OFFENCE

MISCONDUCT IN PUBLIC OFFICE, contrary to Common Law.

 

PARTICULARS OF OFFENCE

Keith Wallis between the 19^th day of September 2012 and 16^th December 2012 wilfully and without reasonable excuse or justification misconducted himself when the holder of a public office, namely a police constable in the Metropolitan Police Service, in that he falsely claimed to have witnessed an incident dated 19^th September 2012 and arranged for his nephew to support his false claims.

London sports club sentenced for corporate manslaughter over banana boat ride

Princes Sporting Club Limited today pleaded guilty to section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007 following the death of an 11-year-old girl resulting from a water sports activity organised on 11 September 2010 on Back Lake, Clockhouse Lane, Bedfont, Middlesex. The company was ordered to pay a fine of £134,579.69.

Elizabeth Joslin of the Crown Prosecution Service special crime division, said:

“This is a tragic case in which 11-year-old Mari-Simon Cronje died during a birthday party at Princes Sporting Club Ltd.

“Today’s guilty plea to corporate manslaughter is an acknowledgement that there were significant failings in the way water sports were organised at this club.

“This was a gross breach of the duty of care owed to Mari-Simon which could have been avoided by having a competent adult in the towing boat acting as an observer and we are pleased this company has been held criminally accountable for this significant failing.

“We sincerely hope that the message of this case is clearly understood by all parts of the leisure industry offering similar rides.

“Our thoughts are with Mari-Simon’s parents and brother at this time.”

Former police officer guilty of misconduct in public office over rape investigation

A former Essex police officer today admitted misconduct in public office after failing to investigate a serious allegation of rape.

Gaon Hart, Senior Crown Advocate in the Crown Prosecution Service Special Crime Division, said:

"Hannah Notley was acting as a specially trained sexual offences investigator with an appreciation of the potentially devastating impact of her actions.

“PC Notley lied to bosses and the victim claiming that the CPS had advised police not to charge the case. This could have left a vulnerable victim without justice.”

Since the investigation of the case was reopened the suspect has been charged with rape.

Hannah Notley will be sentenced at Southwark Crown Court on 6 December 2013.

Men convicted of child sexual exploitation

Five men have been convicted of sexual offences against a young girl in Rochdale following two trials at Manchester Minshull Street Crown Court.

The offences all took place between 2008 and 2009, when the victim was 15 years old.

Following the first trial which concluded in October, Mohammed Abubaker was found guilty of sexual activity with a child, Roheez Khan was found guilty of sexual activity with a child and witness intimidation and Freddie Kendakumana was found guilty of rape and sexual activity with a child.

A further defendant, Chola Chansa, pleaded guilty to three counts of sexual activity with a child ahead of the first trial.

Abdul Huk was also found guilty of sexual activity with a child following the second trial.

Nazir Afzal, Chief Crown Prosecutor for CPS North West said:

“These men have committed serious sexual offences against a vulnerable young girl, demonstrating exploitation at its worst. They were well aware that their victim was underage, yet they groomed her for their own gratification. They manipulated her into thinking that the abuse they inflicted on her was part of a genuine relationship.

“The victim in this case has shown tremendous courage in breaking away from that abuse and giving evidence at court. It is testament to her bravery that we have been able to secure these convictions and bring these defendants to justice.

“Tackling this abuse is a national priority for us and this is demonstrated by the recent CPS guidelines for prosecutors dealing with these types of cases. We are more equipped than ever to build strong cases and we will continue to work closely alongside the police and other agencies to provide extensive support for victims and bring those who abuse and exploit children before the courts.

“I would urge any victims of sexual offences to come forward and report the abuse to the authorities.”

Surgeon convicted of gross negligence manslaughter over hospital death

Former surgeon, David Sellu, has today been found guilty of gross negligence manslaughter over the death of 67-year-old James Joseph Hughes, who died three days after developing a life-threatening condition, whilst in hospital, in February 2010.

Elizabeth Joslin, a specialist lawyer for the Crown Prosecution Service, said:

“James Joseph Hughes was in hospital for knee surgery when he, by chance, suffered a perforated bowel.

“David Sellu’s lack of care fell far below the expected standard, with terrible consequences.

“Prosecution of doctors for gross negligence manslaughter is rare and the threshold for criminal prosecution is high, but this doctor’s actions were not mistakes or errors of judgement, but negligence so serious that he has now been convicted of a criminal offence.

“Our thoughts are with the family of Mr Hughes.”

New DPP begins term with promise to victims

The new head of the Crown Prosecution Service, Director of Public Prosecutions Alison Saunders, marked her first week in the job by piloting dedicated teams to improve the way the prosecution explains its decision making to victims.

Alison Saunders started her five-year term as Director of Public Prosecutions with an early morning meeting with her senior prosecutors, the men and women responsible for almost 800,000 prosecutions across England and Wales every year. The Director briefed them on her priorities, her expectations for performance and announced that specialist teams would be established across England and Wales to provide victims of crime with a dedicated contact team.

To help develop these teams, the DPP will be visiting a Victim Support call centre to hear direct feedback from victims in the first few weeks in the job. Alison Saunders said:

“We must recognise that victims do not choose to be in the criminal justice system and it is a strange world for many. We need to do all we can with partners to make victims’ experiences easier and better. I know that our performance and decision making is improving – but not all victims would agree, and I think that can often simply be down to the way we explain ourselves. Better communications with victims goes to the very core of what justice is meant to achieve. One bad experience as a result of confusing and unsympathetic correspondence from us can undermine someone’s confidence in the whole system and we need the confidence of those it serves. Victims need empathy and respect, not jargon and judgment.

“I have been a prosecutor for more than 25 years and I know the CPS from the bottom to the top. The CPS has come a long way; as an organisation we are more open and accountable than ever before, and victims of crime need to feel that empowerment. “Last week’s Victim Code underlines the common commitment to give victims a modern and thorough service. But there are some basic ways of communicating properly with victims that we don’t always get right. There will be no more standard letters; each piece of correspondence will be considered and personal and we will have dedicated people on the end of the phone to answer victims’ queries there and then wherever possible.”

A pilot in South Yorkshire will trial this new service for victims through a dedicated Victim Liaison Unit with a specialist manager overseeing a group of trained staff committed to ensuring quality communication. Victim Liaison Units will be extended to other sites in the coming weeks and are being piloted in order to ensure they are developed in line with victim’s needs and with the benefit of victim feedback.

Challenging the decisions made by the Crown Prosecution Service is now a fundamental right afforded to all victims. The Victims’ Right to Review has formalised that right, creating an open, fair and accessible way for victims to ask for prosecutors to look at their decisions again where they feel we have got it wrong.

Alison Saunders said:

“As the new Director of Public Prosecutions, I’m not just responsible for prosecuting those who break our laws. I’m also responsible for making sure that those most directly affected by that law breaking, the victims, understand what my prosecutors are doing and why they are doing it. Where we do this well, I can see the difference it makes. Where we don’t, victims understandably feel let down - we must modernise this vital service. I believe the benefits will be reaped not just by individuals but by the whole criminal justice system.”

Husband and fraud investigator wife sentenced for £885,000 Gift Aid fraud

Cardiff couple Mark and Elizabeth Lewis have today (Friday 1 November) been sentenced for their parts in a large scale Gift Aid fraud believed to have cost the public revenue £885,000. Mark Lewis was sentenced to four years’ imprisonment and his wife Elizabeth Lewis was sentenced to 18 months’ imprisonment suspended for two years.

Cardiff Crown Court heard that Mark Lewis devised and executed the fraudulent scheme, while he and his wife Elizabeth laundered the proceeds through a variety of means, including the purchase of two properties. Mark Lewis generated the profits by establishing a legitimate charity, the Welsh Independent School of Climbing and Mountaineering, and making false claims on its behalf for a type of charitable tax relief called Gift Aid, which allows a charity to claim the income tax paid by a donor on the sum that they are giving. It was found however, that the donations on which they claimed tax relief were vastly exaggerated.

Christopher Tarrant, a specialist fraud lawyer with the Crown Prosecution Service, said:

“Mark Lewis used the guise of a legitimate charity to carry out a cynical and dishonest fraud against the public purse.

“He made a total of thirteen fraudulent Gift Aid claims to HMRC, pretending to have received £3,000,000 in donations, when in fact he had raised little more than a few hundred pounds via bucket collections.

“His wife Elizabeth willingly helped him launder the proceeds of the fraud, purchasing two properties outright, which they then rented out for profit, and financing some 27 other companies that the couple registered with Companies House.

“Elizabeth Lewis’s claim not to know about fraudulent income was farcical: she had been a fraud investigator for many years and had extensive experience investigating exactly the sort of offence that her husband was committing.

“This was a fraud that abused a system designed to benefit legitimate charities and there was a strong public interest in bringing a criminal prosecution against those responsible.”

Mark Lewis pleaded guilty to one count of making false statements with intent to defraud the public revenue, four counts of acquiring, using or possessing criminal property and two counts of converting criminal property contrary to section 329(1) of the Proceeds of Crime Act 2002. Elizabeth Lewis was convicted after trial of three counts of acquiring, using or possessing criminal property and one count of converting criminal property contrary to section 329(1) of the Proceeds of Crime Act 2002.

Husband and fraud investigator wife sentenced for £885,000 Gift Aid fraud

Cardiff couple Mark and Elizabeth Lewis have today (Friday 1 November) been sentenced for their parts in a large scale Gift Aid fraud believed to have cost the public revenue £885,000. Mark Lewis was sentenced to four years’ imprisonment and his wife Elizabeth Lewis was sentenced to 18 months’ imprisonment suspended for two years.

Cardiff Crown Court heard that Mark Lewis devised and executed the fraudulent scheme, while he and his wife Elizabeth laundered the proceeds through a variety of means, including the purchase of two properties. Mark Lewis generated the profits by establishing a legitimate charity, the Welsh Independent School of Climbing and Mountaineering, and making false claims on its behalf for a type of charitable tax relief called Gift Aid, which allows a charity to claim the income tax paid by a donor on the sum that they are giving. It was found however, that the donations on which they claimed tax relief were vastly exaggerated.

Christopher Tarrant, a specialist fraud lawyer with the Crown Prosecution Service, said:

“Mark Lewis used the guise of a legitimate charity to carry out a cynical and dishonest fraud against the public purse.

“He made a total of thirteen fraudulent Gift Aid claims to HMRC, pretending to have received £3,000,000 in donations, when in fact he had raised little more than a few hundred pounds via bucket collections.

“His wife Elizabeth willingly helped him launder the proceeds of the fraud, purchasing two properties outright, which they then rented out for profit, and financing some 27 other companies that the couple registered with Companies House.

“Elizabeth Lewis’s claim not to know about fraudulent income was farcical: she had been a fraud investigator for many years and had extensive experience investigating exactly the sort of offence that her husband was committing.

“This was a fraud that abused a system designed to benefit legitimate charities and there was a strong public interest in bringing a criminal prosecution against those responsible.”

Mark Lewis pleaded guilty to one count of making false statements with intent to defraud the public revenue, four counts of acquiring, using or possessing criminal property and two counts of converting criminal property contrary to section 329(1) of the Proceeds of Crime Act 2002. Elizabeth Lewis was convicted after trial of three counts of acquiring, using or possessing criminal property and one count of converting criminal property contrary to section 329(1) of the Proceeds of Crime Act 2002.