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