CPS News Brief

Perfusionists convicted of fraud against NHS

Three men and one woman were convicted today at Basildon Crown Court for one count each of conspiracy to defraud.

John Mulholland (aged 41), Ann Clements (age 51), Tom Cumberland (aged 42) and Martin Oliver (aged 37), were directors of a private company called London Perfusion Science Limited (LPS). The group were employed at Basildon Hospital by Basildon and Thurrock University NHS Foundation Trust from July 2007 when a new Cardio Thoracic Centre opened. The case followed an investigation by NHS Protect.

Clinical perfusionists are a specialist area of support for heart and lung bypass operations. John Mulholland, who is an expert in this area, organised a team to work full-time for Basildon NHS Trust. In fact, the available work for Basildon NHS Trust was not sufficient to support all these full-time jobs and, as a result, Mulholland was able to deploy the full-time Basildon employees to work for the private company, London Perfusion Science Limited (LPS), operated by him and his co-conspirators. Whilst the perfusionist staff were being paid full-time salaries by Basildon NHS Trust, they were only working about 55% of their contracted hours and the company was raking in profits elsewhere.

Between 2007 and 2011 Basildon Hospital paid salaries for around 14,000 hours not actually completed on behalf of the Basildon NHS Trust, which equates to a salary overpayment of around £420,000. These hours were then used to conduct private work at other hospitals, earning an additional £700,000 for the company.

Andrew Penhale, Deputy Head of Fraud at the Crown Prosecution Service, said:

“Unlike other private health work, which is legitimately undertaken by senior health professionals with the full knowledge of the NHS, this was fraud, pure and simple.

“John Mulholland and his co-defendants took advantage of their specialist role to systematically defraud Basildon NHS Trust, for their own dishonest enrichment. Their e-mails revealed that they did so with cynical disregard for the loss to the National Health Service and the public purse.

“These defendants held respected roles in their profession and exploited the trust and responsibility given to them to dishonestly make money through sheer greed. They have now been brought to justice.”

Background: Two further individuals were acquitted in the trial: Gemma Deer (nee Yarham) (aged 32) and Chris Morris (aged 31).

Former police officer charged with murder of Azelle Rodney

Alison Saunders, Director of Public Prosecutions, said: “Azelle Rodney died after the discharge of a police firearm on 30 April 2005.

"Following the outcome of the public inquiry, the Independent Police Complaints Commission re-referred the matter to the CPS, providing us with the evidence previously gathered and the further evidence and material which has emerged since the initial referral.

“We have carefully considered the new file of evidence submitted to us and have decided that a former Metropolitan Police officer, currently identified only as E7, will be prosecuted for murder. The individual currently has anonymity granted under section 19(2)(b) of the Inquiries Act 2005, made on 16 January 2012 by the chairman of the inquiry.

“The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is a realistic prospect of conviction and that a prosecution is in the public interest.

“E7 will appear at Westminster Magistrates’ Court for a preliminary hearing on Wednesday, 10 September 2014.

“Criminal proceedings have now commenced and the individual known as E7 has the right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

Operation Pinetree: two charged

In December 2013, the Metropolitan Police Service submitted evidence for charging advice to the CPS in relation to Operation Pinetree, an investigation into an alleged conspiracy to hack phone messages by journalists at the News of the World. Additional evidence in the case was provided in June 2014. The file asked for charging advice on eight suspects; all were formerly employed at the News of the World. On 16 July 2014, the CPS announced that six of those individuals would face no further action whilst the evidence in relation to two further suspects remained under review. That review has now concluded.

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said: "The CPS has authorised the Metropolitan Police to charge Jules Stenson, former features editor of the News of the World and to summons Neil Wallis, former deputy editor of the News of the World with an offence of conspiracy to intercept communications in the course of their transmission, commonly known as ‘phone hacking’.

“Both Jules Stenson and Neil Wallis will appear before Westminster Magistrates’ Court on 21 August 2014.

"May I remind all concerned that criminal proceedings against them will now be commenced and of their right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.

“These decisions were taken in accordance with the Code for Crown Prosecutors and the DPP's guidelines on the public interest in cases affecting the media. We have decided there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest."

  

Details of the full charge:

Jules STENSON and Neil WALLIS between the 1^st January 2003 and the 26^th January 2007 conspired with Andy Coulson, Greg Miskiw, James Weatherup, Neville Thurlbeck, Daniel Evans, Ian Edmondson, Glen Mulcaire and other persons unknown, to intercept communications in the course of their transmission without lawful authority, namely the voicemail messages of well-known people and those associated with them

Contrary to s.1(1) of the Criminal Law Act 1977

Eight sentenced after top London cancer hospital defrauded of £640,000

Eight people were sentenced at Southwark Crown Court today [Tuesday, 29 July] after fraudsters fleeced a top London cancer hospital of more than £640,000.

Stacey Tipler exploited her access to the Royal Marsden NHS Trust’s computerised payment system to divert vital funds for medicine and equipment to people she knew or had met through her then-partner and was jailed for four years.

Scott Chaplin, 33 and Stacey Tipler’s then fiancé, coordinated the fraud and was jailed for five-and-a-half years.

Between December 2011 and May 2012 a total of £642,827.98 was diverted. Some was recovered when the fraud was uncovered but £310,857 remains unaccounted for. The case was investigated by NHS Protect.

Tipler, 32, removed a number of the Trust’s suppliers’ bank details and replaced them with the account details of Adrian Horan, 43, Clinton Woolery, 35, Thomas Quinlan, 26, Russell Baker, 32 and William Flynn, 37. The money was then laundered through withdrawals as cash or banker’s cheques.

Roy Harriott, 31, was sentenced after receiving a banker’s cheque drawn from Horan’s account, which he paid into Tipler and Chaplin’s accounts before withdrawing the bulk of the money.

Horan was jailed for 21 months’, Woolery for 10 months, Quinlan for eight months and Flynn for 12 months.

Russell Baker was given a 9-week suspended sentence while Roy Harriott was given a 12-week suspended sentence. Both were ordered to carry out 120 hours’ unpaid work and will have a 9pm-5am curfew for three months.

Kelly Matthews, a lawyer with the CPS’ Specialist Fraud Division, said: “This was a sophisticated, large-scale fraud orchestrated to divert vital public funds for essential equipment and medicines at the Royal Marsden.

“Tipler and Chaplin bear the brunt of responsibility but they didn’t act alone. It was only with the others agreeing for their bank accounts to be used to launder the money that they were all able to benefit from the fraud.

“The vital money was used towards Tipler and Chaplin’s upcoming wedding, clearing debts and lavish goods, including Gucci and Louis Vuitton. This was a selfish and gross misuse of public funds and today those responsible have been brought to justice.”

 

 

Sentenced were:

1.    Stacey Tipler – found guilty of conspiracy to defraud

2.    Scott Chaplin – found guilty of conspiracy to defraud and conspiracy to money launder

3.    Adrian Horan – pleaded guilty to conspiracy to defraud and conspiracy to money launder

4.    Clinton Woolery – pleaded guilty to conspiracy to money launder

5.    Thomas Quinlan – pleaded guilty to conspiracy to money launder

6.    Russell Baker – pleaded guilty to conspiracy to money launder

7.    William Flynn – pleaded guilty to conspiracy to money launder

8.    Roy Harriott – pleaded guilty to conspiracy to money launder

Misconduct in public office inquiry - no further action

Gregor McGill, a senior lawyer at the CPS, said:

“Following a careful review of evidence submitted by the Metropolitan Police Service on 23 June 2014, the CPS has decided that there is insufficient evidence for a realistic prospect of conviction in connection with an allegation of conspiracy to commit misconduct in a public office concerning one individual.

“This decision has been taken in accordance with the Code for Crown Prosecutors and CPS guidelines on assessing the public interest in cases affecting the media.

“Due to the ongoing and linked legal proceedings we are unable to provide further reasoning for our decisions at this stage. We will of course consider what more can be said concerning this decision in future.”

Woman who holidayed in Goa while claiming £134k benefits jailed for 27 months

A woman who claimed £134,000 in benefits while holidaying in Goa was jailed for 27 months today [Friday, 25 July].

52-year-old Karen Trant, of Dartmouth, was sentenced at Plymouth Crown Court after pleading guilty to dishonestly claiming benefits over a 13-year period.

Between August 1999 and April 2013, Karen Trant falsely claimed housing benefit, council tax benefit, employment support allowance, income support and disability allowance.

Despite claims that she needed continual supervision, could not walk outdoors in unfamiliar routes without guidance or supervision and being stressed by crowded places, she holidayed in Goa, India, paid for cosmetic surgery and enjoyed horse-riding and socialising in crowds.

After several holidays to this idyllic part of India, Karen Trant bought an apartment at the Highland Beach Resort in Candolim in 2004, which extended her stays by up to five months. Back in the UK, her false benefits claims continued.

The court heard that in total, Karen Trant falsely claimed £32,315.94 in Income Support, £8,134.15 in Employment Support Allowance, £29,807.40 in Disability Living Allowance and £64,478.51 in Housing & Council Tax Benefit.

Claire Busby, a lawyer with the CPS Specialist Fraud Division, said: “Karen Trant failed to notify authorities of cash from her divorce settlement in 1999, that she frequently holidayed in Goa and that, in 2004, she had bought an apartment there. Had she done so, she would not have been entitled to the benefits she claimed.

“The Karen Trant seen confidently riding a horse in the photographs seems a world away from the highly-dependent and anxiety-ridden individual she purported to be to justify her welfare benefits claims.

“This façade was completely undermined by her extravagant lifestyle, involving repeated lengthy trips to Goa and cosmetic surgery.

“The benefits system exists to support the most vulnerable in our society and Karen Trant had no entitlement to these benefits. She tried to conceal her wrongdoing, but was brought before the criminal courts and convicted by the jury.”

 

Charges:

Karen Trant pleaded guilty to three counts of dishonest representation for obtaining benefit, contrary to section 111A(1)(A) of the Social Security Administration Act 1992.

Ex-MEP Nicole Sinclaire charged with money laundering and misconduct in public office

Simon Orme, Specialist Lawyer with the CPS Special Crime Division, said: "The CPS has authorised West Midlands Police to charge Ms Nicole Sinclaire, former MEP for the West Midlands, with the offences of money laundering and misconduct in public office.

"It is alleged that between October 2009 and July 2010, whilst serving as an MEP, Ms Sinclaire used funds paid into her bank account by the European Parliament in respect of false travelling expenses claims.

"Ms Sinclaire has also been charged with Misconduct in a Public Office with regard to her actions.

"The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is a realistic prospect of conviction and that a prosecution is in the public interest.

"Ms Sinclaire will appear before Birmingham Magistrates' Court on 17 September.

"Criminal proceedings have now commenced and Ms Sinclaire has the right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."

 

Charges

Ms Nicole Sinclaire has been charged with the following: 

- Money Laundering, contrary to Sections 327 or 329 of the Proceeds of Crime Act 2002

- Misconduct in Public Office, contrary to Common Law

Surgery manager charged with NHS fraud after undercover sting

Ben Reid, a prosecutor with the Specialist Fraud Division at the Crown Prosecution Service, said:  “I have authorised Asif Butt to be charged with one count of fraud by abuse of position, contrary to the Fraud Act 2006.

“As surgery manager, Asif Butt was in a position of trust at Sparbrook community and health centre, Birmingham. It is alleged that between 13 June 2012 and 4 August 2012, he committed fraud by dishonestly arranging for six people to be added to the NHS register, giving them access to free health care. Those six people were not entitled to free health care because they were not legally resident in the UK. It is further alleged that one of the six, who was an undercover journalist, obtained a free MRI scan and that Mr Butt asked to be paid £5,800.

“The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have decided that there is a realistic prospect of conviction and that a prosecution is in the public interest.

“Mr Butt will appear at Birmingham Magistrates’ Court on 6^th August.

“Mr Butt has the right to a fair trial and it is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

Operation Pinetree: CPS charging decisions

In December 2013, the Metropolitan Police Service submitted evidence for charging advice to the CPS in relation to Operation Pinetree, an investigation into an alleged conspiracy to hack phone messages by journalists at the News of the World. Additional evidence in the case was provided in June 2014. The file asked for charging advice on eight suspects; all were formerly employed at the News of the World.

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said:

“Following a careful review of the evidence, we have now reached decisions in relation to six of the individuals referred to us under Operation Pinetree. The evidence in relation to two further suspects remains under consideration.

“In relation to these six individuals, we have concluded that there is insufficient evidence for a realistic prospect of conviction in connection with allegations relating to the unlawful interception of telecommunications, namely voicemail messages ('phone hacking').

“In addition, two of the six individuals were considered for an offence under the Data Protection Act 1998. In relation to the first individual, it was concluded that there was insufficient evidence to prosecute. In relation to the second individual, it was determined that there was sufficient evidence in accordance with the Code for Crown Prosecutors and so we went on to consider the public interest. A determination that there was sufficient evidence does not mean that the CPS has made any finding concerning guilt or criminal conduct; it is the test set out in the Code for Crown Prosecutors and one that is applied in all decisions on whether or not to prosecute.

“The public interest test of the Code requires us to determine, among other factors, the seriousness of the offence, the level of culpability and the harm caused. In accordance with the Code, it was concluded that a prosecution of one individual for an offence under the Data Protection Act would not be in the public interest.

“These decisions have been taken in accordance with the Code for Crown Prosecutors and CPS guidelines on assessing the public interest in cases affecting the media.

“Due to the ongoing review of evidence relating to the two remaining suspects in the case file we are unable to provide further reasoning for our decisions at this stage. We will of course consider what more can be said concerning these decisions in future.”

Notes to Editors:

The CPS’s function is not to determine criminal charges, but to make good faith, carefully considered assessments about whether it is appropriate to present charges for the criminal court to determine. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact which can only be determined by a court, but rather a judgment on what might be possible to prove to a court, in accordance with the Code for Crown Prosecutors (see Full Code Test below).

This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence.

The Full Code Test has two stages: (i) the evidential stage; followed by (ii) the public interest stage.

The Evidential Stage

Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.

The finding that there is a realistic prospect of conviction is based on the prosecutor’s objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which he or she might rely. It means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty.

The Public Interest Stage

In every case where there is sufficient evidence to justify a prosecution, prosecutors must go on to consider whether a prosecution is required in the public interest.

It has never been the rule that a prosecution will automatically take place once the evidential stage is met. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour.

It is quite possible that one public interest factor alone may outweigh a number of other factors which tend in the opposite direction. Although there may be public interest factors tending against prosecution in a particular case, prosecutors should consider whether nonetheless a prosecution should go ahead and those factors put to the court for consideration when sentence is passed.

24 people charged with £400,000 DWP benefit fraud

Andrew Penhale, Deputy Head of the CPS Specialist Fraud Division said: “Following an investigation by the Central Criminal Investigation Service, part of the Department for Work and Pensions (DWP), the CPS has authorised charges against 18 men and six women, all of whom live or work in London, in connection with alleged benefit fraud.

“On dates between July 2011 and September 2013, it is alleged that these individuals took part in a large-scale, organised attack on the DWP benefits claims and payments system, dishonestly obtaining £446,844.85 between them.

“In order to carry out this fraud, it is alleged that the defendants hijacked the identities of innocent members of the public without their knowledge or consent. The evidence suggests that some of the defendants had access to third party personal data before providing details to other defendants in order for them to make fraudulent claims for DWP benefits, namely Jobseekers Allowance and Employment Support Allowance.

“The 24 individuals are charged with conspiracy to commit fraud by false representation. In accordance with the Code for Crown Prosecutors, we have determined that there is sufficient evidence to provide a realistic prospect of conviction and a prosecution of all the defendants is in the public interest.

“The defendants are due to appear before Westminster Magistrates' Court on Wednesday, 23 July 2014. They have a right to a fair trial and it is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

Two men sentenced for the murder of Zafer Eren

Jamie Marsh-Smith and Samuel Zerei were sentenced to life imprisonment today (14 July 2014) at the Central Criminal Court for the murder of Zafer Eren in April 2013. Marsh-Smith was also sentenced for the attempted murder of Inan Eren and the attempted murder of his accomplice, and co-defendant, Zerei. Both were found guilty on 10 July 2014.

Baljit Ubhey, CPS London Chief Crown Prosecutor, said:

“Gang crime is a significant driver of violent crime in the capital and I am committed to tackling this menacing form of offending.

“This case represents just one of a long list of incidents of gang war between the Tottenham Turks and the Hackney Turks in North London.

“These two gangs have been feuding for at least five years and their mutual hatred has caused unnecessary pain and bloodshed on both sides.

“The war between these gangs has resulted in murder, attempted murder, beatings, threats and damage to shops and clubs belonging to those perceived to be associated with them.

“In this latest episode of violence the victims were targeted on their own doorsteps.

“Although those convicted today were not part of either gang the evidence showed they had been hired on behalf of the Hackney Turks to attack persons associated with the Tottenham Turks.”

Background

Sentences: Jamie Marsh-Smith, 22

- one count of murder (Zafer Eren): life imprisonment with a minimum of 38 years

- two counts of attempted murder (Inan Eren and Samuel Zerei): 30 years imprisonment for each count, to run concurrently

Samuel Zerei, 21

- one count of murder (Zafer Eren): life imprisonment with a minimum of 28 years

Wayne McNeish, 33, helped Marsh-Smith flee London following the shooting of Zerei. He stood trial with the other defendants and was convicted of doing an act intended to pervert the course of public justice. He was sentenced to four-and-a half years imprisonment.

12 years for human traffickers who conned young woman

Three people who trafficked a young Nigerian woman into the UK intent on prostituting her in Italy were jailed for a combined total of 12 years at the Old Bailey today [Friday, 11 July].

In September 2011 the victim, then 23-years-old, was smuggled into the UK from Nigeria on a false passport after being promised that she would be accommodated and educated in England.

But there were no education prospects or jobs waiting for the victim when she arrived in London and weeks later she was forced to board a Milan-bound flight, destined to work as a prostitute.

Italian immigration officers stopped her at Milan airport after noticing her false passport and returned her to the UK that afternoon. She was met by UK Border Agency officials and, after it became apparent she was a victim of trafficking, an investigation was launched by the then Serious Organised Crime Agency, now known as the National Crime Agency.

Elizabeth Jenkins, Deputy Head of Organised Crime at the Crown Prosecution Service, said:

“Life had been incredibly hard for the victim following her father’s death in 2008. She hoped to make a better life for herself in England but the illusion was shattered by Oluwafemi, Olayinka and Obadiaru, who callously conned her.

“Her dreams of training as a nurse were soon pierced by a sickening realisation that she was to be prostituted in Italy – a horrific reality from which she had no means of escape until she was stopped by immigration authorities.

“This victim was taken advantage of in the cruellest fashion. This was a truly disturbing case but, thanks to the bravery of the victim in giving evidence against them, the perpetrators have been brought to justice.”

Olusoji Oluwafemi was sentenced to a total of six years and six months’ imprisonment.

Johnson Olayinka was sentenced to a total of four years and six months’ imprisonment.

Florence Obadiaru was sentenced to a total of two years’ imprisonment.

Charges

Johnson Olayinka and Olusoji Oluwafemi were each convicted of:

• One count of conspiracy to traffick a person into the United Kingdom for the purpose of sexual exploitation, contrary to section 1(1) of the Criminal Law Act 1977
• One count of conspiracy to traffick a person out of the United Kingdom for the purpose of sexual exploitation, contrary to section 1(1) of the Criminal Law Act 1977
• One count of conspiracy to possess false identity documents with an improper intention, contrary to section 1(1) of the Criminal Law Act, 1977.

Florence Obadiaru was convicted of:

• One count of conspiracy to traffick a person into the United Kingdom for the purpose of sexual exploitation, contrary to section 1(1) of the Criminal Law Act 1977
• One count of conspiracy to traffick a person out of the United Kingdom for the purpose of sexual exploitation, contrary to section 1(1) of the Criminal Law Act 1977

Carl Ryan charged with 6 counts of misconduct in public office

Sally Walsh, a senior lawyer with the CPS Special Crime Division said:

“The CPS has authorised the Independent Police Complaints Commission to charge Carl Ryan with six separate offences of misconduct in public office.

“It is alleged that between 2010 and 2012, Mr Ryan, who at the time was an officer in the Sapphire unit dealing with rape and sexual assault cases, failed to properly advance the forensic side of investigations on a number of occasions. It is also alleged that Mr Ryan signed the statements of witnesses himself and incorrectly informed a suspect of a decision to prosecute when no such decision had been made.

“The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is a realistic prospect of conviction and that a prosecution is in the public interest.

“Mr Ryan will appear before Westminster Magistrates’ Court on 18 July 2014.

"Criminal proceedings have now commenced and Mr Ryan has the right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."