CPS News Brief

Former MP and election agent convicted of electoral fraud

A former MP who misled voters to sign his nomination forms has been convicted of electoral fraud today (1 December).

Bob Spink, 69, had denied under the Representation of the People Act 1983 but was convicted by a jury at Southwark Crown Court.

The court heard how Spink had planned to stand as a candidate for the Essex Police and Crime Commissioner elections in May 2016 for the UK Independence Party (UKIP).

He had to gather at least 110 signatures on his nomination form for the Police and Crime Commissioner but he also assisted his election agent James Parkin gather signatures for UKIP candidates in the Castle Point Borough Council elections which were taking place at the same time.

However, he failed to tell voters which party he was affiliated with or presented them with blank forms to sign without a name or party. People signed the forms without being told they were actually nominating various other UKIP candidates, with some being told they were signing a petition for more police on the streets.

Spink’s election agent, James Parkin, 39 (20 Nov 78), has already pleaded guilty to falsely adding signatures to other UKIP candidates’ nomination forms. He also submitted four signatures on another nomination form without those signing knowing what the form was for or thinking they were signing for a different purpose.

Zoë Martin, from the CPS, said: “Bob Spink and James Parkin deliberately misled voters in order to fraudulently secure signatures on nomination forms.

“They did this through either lying or being deliberately vague with voters, or in James Parkin’s case, by simply forging signatures by taking names from the electoral register.

“As a former MP, residents could recognise Spink and were more willing to engage with him. But he ultimately betrayed their trust by using their signatures for his own purposes that they had not been made aware of and had not agreed to.

“Evidence put forward by the CPS showed that Spink had misled voters when he canvassed them, resulting in the guilty verdict returned by the jury.”

Spink and Parkin will be sentenced on 5^th January. 

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Notes to editors

• Zoe Martin is a Unit Head in the Special Crime and Counter Terrorism Division.
• James Parkin pleaded guilty to two counts of causing or permitting a false signature to be included in a nomination form on 4 September. He was convicted of a further two counts of permitting a false signature to be included in a nomination form.
• Bob Spink denied four counts of causing or permitting a false signature to be included in a nomination form but was convicted by a jury.

Fraud gang jailed for 31 years for heartless fraud on elderly victims

On Friday 1 December at Hull Crown Court Amanul Islam, Mizan Ali, Abdul Ali, Tanvir Ahmed, Mohammed Miah, Ruhin Khan, Ali Nuruddin, Junaid Patwary and Abu Kaher were sentenced to a total of 31 years and two months for their part in a heartless and elaborate fraud.

Nuruddin was also sentenced to a further 15 months in prison for a similar offence committed in May 2017 in Hertfordshire.

In June 2015 the defendants operated as a team, targeting elderly people in the Humberside area. The fraudsters would contact their victims by phone, pretending to be police officers and alleging that criminal activity was taking place on their bank accounts or at their bank branch. Having obtained their trust, the victims were persuaded to hand over large amounts of cash, often their life’s savings.

Six victims lost £39,500 and the attempted to take a further £84,150 from eleven people. The police investigation revealed that hundreds of phone numbers had been unsuccessfully called. Had all these attempted frauds been successful, the total loss would have been about £112,000.

Helen Wheatley from the CPS said:

“This was a heartless, elaborate and sophisticated fraud, in which the defendants targeted elderly people aged between 72 and 94 in the Humberside area, in some cases defrauding them of their life’s savings. It was a systematically planned and highly organised operation.

“By posing as police officers, they cynically exploited the victims’ trust and conned them into handing over thousands of pounds. Sadly the losses have not only been financial. All of the victims have suffered emotionally as a result of the fraud and unfortunately three have since died without knowing what the outcome of this case would be.

“The CPS worked closely with West Yorkshire Police and Humberside Police during a complex investigation which lasted two and a half years.

“We were able to provide ongoing advice as the investigation broadened from the initial arrest of two defendants for one fraud into the building of the current case, with nine defendants being sentenced for their parts in a widespread conspiracy, eight of whom pleaded guilty in the face of the overwhelming evidence against them.

“I hope the sentences handed down will be of some comfort to the victims and their families.”

Notes to editors

Helen Wheatley is a Senior Crown Prosecutor with CPS Yorkshire and Humberside.
The defendants were sentenced as follows:

Pleaded guilty:
Amanul Islam: Three years
Mizan Ali: Eight months
Abdul Ali: Three years seven months
Tanvir Ahmed: Four years
Mohammed Miah: Four years
Ruhin Khan: Three years seven months
Ali Nuruddin: Four years plus 15 months consecutively for a similar offence committed on 10 May 2017 in Hertfordshire whilst on bail.
Junaid Patwary: Four years

Found guilty after trial
Abu Kaher: Five years

Found not guilty after trial
Syed Rashid

PE teacher who indecently assaulted five girls jailed

A PE teacher who indecently assaulted five girls during the 1970s and 1980s has been sentenced to 15 years in prison today (1 December).

Richard Hilary, 67, targeted five girls whilst working at a school in Farnborough and attending Winchester Athletics Club.

The victims, aged from 11 to 15, were groomed by Hilary and urged to engage in sexual activity with him. On another occasion, Hilary photographed one of the victims naked in his bath. 

Some of the victims kept diaries which detailed the extent of Hilary’s abuse, most of which took place on the school grounds, his trial at Winchester Crown Court heard.

Rob Welling, from the CPS, said: “Richard Hilary abused his position of trust as a teacher to indecently assault young girls he had responsibility for. Hilary was described by many of his victims as a popular and dynamic teacher, a fact he exploited as he groomed the girls into performing sexual acts for him.

“The CPS was able to use the teenage diaries of his victims which made clear Hilary’s crimes at the time they happened and provided compelling evidence to put before the jury. 

“I commend the victims who reported Hilary and supported this prosecution.”

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Notes to editors

• Rob Welling is a Senior Crown Advocate for CPS Wessex.
• Richard Hilary (dob 27/11/1950) denied 14 counts of indecent assault but was convicted by a jury.

Woman convicted of assisting man's suicide

A woman who encouraged a stranger she met on the internet to take his own life has been convicted of encouraging his suicide today (1 December).

A trial at Leicester Crown Court heard how Natasha Gordon, 44, swapped messages with 31-year-old Matthew Birkinshaw in December 2015 after he posted a message online seeking a suicide partner. In the messages Gordon told Matthew she also wanted to take her own life. Gordon suggested the method and the location for this to happen.

The court heard how Matthew  travelled from his home in the West Midlands to Gordon’s home in Peterborough, before the pair drove together to Rutland Water in Leicestershire.

She left Matthew alone in the car when it was filled with carbon monoxide and then delayed informing the authorities of what had happened until it was too late.

Michael Gregory, from the CPS, said:

“The evidence put forward by the prosecution demonstrated how Natasha Gordon broke the law by encouraging the suicide of Matthew Birkinshaw.

“Through analysing her online activity the CPS was able to demonstrate how Gordon took advantage of Matthew’s vulnerability to encourage his final actions, rather than seeking help. The prosecution also established that she had previously contacted other people to encourage their suicides.

“Our thoughts are with Matthew’s family at this difficult time.”

Gordon will be sentenced at a later date.

Ends

Notes to Editors

·         Contact the Samaritans on 116 123.

·         Michael Gregory is a Senior Specialist Prosecutor with the CPS Special Crime and Counter-Terrorism Division

·         Natasha Gordon was convicted of one count of encouraging suicide

London man jailed for stabbing man in the head with screwdriver

A violent robber who stabbed a defenceless man in the head at a park leaving him paralysed has been jailed for 13 years.

Jermaine McDonald, 26, of no fixed address, was sentenced for wounding with intent, robbery and attempted robbery when he appeared at Inner London Crown Court today [Friday, 1 December] and told he will serve a further five years on licence.

He was found guilty following a trial in October after the robbery in Dulwich Park on the afternoon 27 April this year.

His victim, a man in his 30s, was left with brain injuries and was put into an induced coma for weeks to aid his treatment. He is now part-paralysed.

McDonald spotted the victim with a female friend sitting in the park with their dogs as he cycled past. He then went back towards the pair before grabbing him and shouting: “Give me your phone, give me your money.”

He used a screwdriver to attack the victim during the unprovoked attack and made off with the female victim’s handbag containing money and bank cards.

Soon after, he was spotted on CCTV buying alcohol and cigarettes using the contactless card stolen in the robbery before going to visit his grandmother in Nunhead. Here he left his weapon and bloodied clothes that were later found by police.

Leonard Herman, CPS London South reviewing lawyer, said:

“This was an unprovoked attack in the middle of the day on a defenceless man.

“McDonald claimed he acted in self-defence after an altercation but the prosecution presented evidence from witnesses who described how he had been acting aggressively beforehand and had approached the victims himself.

“We were also able to highlight the strong forensic evidence in court showing the victim’s blood on McDonald’s clothing as well as on the weapon he used to inflict injury. McDonald was also caught on CCTV using a bank card belonging to the female victim to buy alcohol after the incident, showing his blasé attitude towards his actions.

“This was a violent attack by a clearly dangerous man who has left his victim with life-changing injuries. He will now serve a prison term where he will no longer be a threat to the public.”


Notes to editors

1. Jermaine McDonald DOB: 01/05/1991

2. He pleaded guilty to theft and was found guilty of wounding with intent, robbery, and attempted robbery at a five-day trial that began on 16 October. Another charge of unlawful wounding was left on file.

3. In total McDonald was sentenced to an 18-year extended sentence including 13 years imprisonment for wounding with intent. He was also sentenced to six and eight years to run concurrently for attempted robbery and robbery.

4. Leonard Herman is a Senior Crown Prosecutor at CPS London South.

Man convicted in 1960s cold case murder

A man who fatally injured his baby stepson nearly 50 years ago by swinging him into a fireplace has been convicted of his murder.

David Dearlove, 71, was found guilty of killing 18-month old Paul Booth following a 10-day trial at Teesside Crown Court.

Cleveland Police began an investigation in 2015 after Paul’s brother, Peter Booth, told them he had been killed by their stepfather David Dearlove on the evening of 1 October 1968. He reported he had seen Dearlove swinging Paul by the ankles and smashing his head into the fireplace. Paul suffered a fatal skull fracture and died later that night.

At the time of Paul’s death police began an investigation and interviewed Dearlove and Paul’s mother, the only adults in the house at the time. Both stated that while he was in the sole care of Dearlove, Paul fell from his bed and hit his head on a hard floor which caused the injury. No police action was taken against either Dearlove or Paul’s mother, and a subsequent inquest recorded an open verdict.

In 2015 Peter Booth went to police after seeing a photograph on Facebook which showed Dearlove and Paul together shortly before Paul’s death. Upset at the photo, Mr Booth spoke with his cousin about what had happened, who contacted police to report the incident on his behalf.

Medical evidence obtained from Paul Booth’s post-mortem examination in 1968 played a crucial role in this case.

It was not possible to exhume his body as burial records have since been lost, which meant there was no opportunity to carry out a new post-mortem examination or a forensic analysis of his injuries.

However, records from the post-mortem examination undertaken directly after Paul’s death showed a large number of bruises of varying ages across his body. Of most significance were bruises on Paul’s ankles, which were recorded by the pathologist at the time of his examination and which matched Peter Booth’s account of seeing Dearlove grab Paul by the ankles and swing him into the fireplace, causing the fatal head injury.

John Brennan from the CPS said:

“For almost 50 years David Dearlove has lied about the death of his stepson, who he said fell out his bed and accidentally injured his head. Throughout this investigation he gave false explanations and also lied about significant injuries which the baby had suffered in the weeks before he died. Those lies have been exposed thanks to Peter Booth, and Dearlove will now face the consequences of his horrendous actions.

“Alongside Mr Booth’s testimony the CPS was able to present medical evidence that assessed the injuries Paul suffered five decades ago in light of scientific developments since then. This included evidence concerning bruising to Paul’s ankles, which supported Mr Booth’s account that Dearlove had grabbed him and swung him into the fireplace that evening.

“Thanks to Mr Booth’s bravery and that of his sister who also assisted the investigation, as well as the clear evidence presented to the jury, Dearlove will be held to account for Paul Booth’s death.”

Dearlove will be sentenced this afternoon (1 December).


Notes to editors

· John Brennan is a Senior Crown Prosecutor at CPS North-East
· David Dearlove was convicted of one count of murder and three counts of cruelty to a child
· For media queries please call 0203 357 0478

Russian cyber-criminal gang convicted over £2m malware plot against UK banks

Members of a Russian cyber-crime gang have been convicted of conspiring to defraud UK banks of almost £2m by infecting their customers’ computers with malware. 

 

The gang were also convicted of money laundering in relation to distributing the money that was stolen.

Vugar Mollachiev, 37, was the final member of the gang to be sentenced. He was imprisoned for nine years today [30 November] at Southwark Crown Court. 

 

The fraud worked by infecting personal and business computers which were monitored by the criminals to harvest passwords and personal information allowing them to gain access to online bank accounts. 

 

They transferred the money to their own ‘mule accounts’ and then had that stolen money transferred abroad to Azerbaijan, Romania and the Ukraine by wire bank transfer.

 

The banks were forced to reimburse the individual victims, who were mostly businesses, for money lost.

 

The gang attempted to obtain £2m from three companies although the actual amount lost was £1.8m. Another 33 companies were also targeted, with a random sample of seven of them showing another £103,163.48 stolen.

 

The conspiracy was uncovered when the fraudulent transactions were detected and the mule accounts identified.  Conspirators had withdrawn stolen money from accounts in their own names. They were caught on money exchange bureau CCTV footage acting suspiciously and buying foreign currency with the stolen money. 

 

A clearer picture of the criminality was known after computer equipment was later seized and analysed from the arrested men.

 

Vugar Mollachiev, (also known as Nazim Ragimov) was the last to admit his role in the conspiracy and is the most prominent member of the gang to be prosecuted. 

 

Mollachiev operated out of his home, first in Kings Road, Tottenham, and then Berkeley Gardens, Enfield.

 

He was convicted of conspiracy to defraud and money laundering at Southwark Crown Court on 29 September 2017 when he pleaded guilty.  He received nine years imprisonment for money laundering, and nine years imprisonment for fraud, to be served concurrently.

 

Two other members of the gang, Aslan (Valera) Abazov, 31, Aslan Gergov, 30, were sentenced to a total of seven years each at Southwark Crown Court in July 2016 after admitting their involvement in the fraud and pleading guilty at a late stage in the proceedings.

 

Riaz Jakhura, of the London CPS Complex Casework Unit, said:  “This was a sophisticated and organised cyber-fraud. 

 

“Our prosecution included evidence of internet chat logs, mobile phones with the conspirators’ numbers stored on them, evidence of wire money transfers by the gang and forensic analysis of how the stolen money was distributed. 

 

“The impact on businesses and banks was significant due to the amount of financial loss and breaches of online security”.

 

Notes to editors: 

Riaz Jakhura is a Senior Crown Prosecutor in the CPS London Complex Casework Unit.

 

Mollachiev, Abazov and Gergov admitted conspiracy to defraud. Between 18 July 2012 and 10 November 2015 conspired together with others namely Aslan Abazov, Aslan Gergov and others to defraud the United Kingdom Clearing Banks

 

They also admitted concealing, converting, transferring or removing criminal property, contrary to section 327(1) of the Proceeds of Crime Act 2002. Between 18 July 2012 and 10 November 2015 concealed, converted or transferred property, or removed property from England and Wales, knowing or suspecting that it constituted a person’s benefit from criminal conduct, or that it represented such a benefit, in whole or in part and whether directly or indirectly

 

Vugar Mollachiev (dob 07/09/1980) pleaded guilty to the offences on 29 September 2017 at Southwark Crown Court

 

Both Aslan Abazov (dob 10/05/1986), who lived in Lewisham, and Aslan Gergov (26/03/1987), who lived in Southwark, were sentenced  on 11 July 2016 at Southwark Crown Court after earlier entering their pleas.

Driver convicted of road race fatality

 

A driver who raced at speeds in excess of 70mph on a 30mph road in Barry has been convicted of causing the death of a mother-of-two today (28 November).

Joseph Fettah was driving a VW Golf along Cardiff Road in Barry, South Wales, when he started racing against Jamie Oaten in an Audi A5 on 27 September 2016.

The cars were seen travelling at speed and closely alongside each other. Oaten’s car was then seen to brake heavily before it hit the side of Jenna Miller’s car as she was coming out of a petrol station.

Fettah managed to avoid a collision, swerving at the last second. He then pretended that he had no involvement in the incident.

Mrs Miller was left with catastrophic injuries and died in hospital.

Oaten had previously pleaded guilty to causing death by dangerous driving while Fettah denied the charge. Fettah was convicted by a jury following a trial at Cardiff Crown Court.

Ann Haile, from the CPS, said: “Although Joseph Fettah was not driving the vehicle that collided with Mrs Miller’s car, our case was that he was jointly responsible.

“Through witness accounts, CCTV and expert evidence, the Crown Prosecution Service demonstrated how he was racing with Oaten and how this ultimately led to a loss of life.

“Our thoughts are with the family of Jenna Miller. They have shown great strength throughout the court process and we thank them for their support.”

Fettah and Oaten will be sentenced in due course.

Ends

Notes to Editors

·         Ann Haile is a Senior Crown Prosecutor in CPS Cymru-Wales.

·         Jamie Oaten pleaded guilty to causing death by dangerous driving on 18 April 2017.

Pilot who dropped £2.5m of cocaine into UK countryside jailed

A light aircraft pilot has been jailed after he admitted dropping cocaine with an estimated street value of over £2.5million into a field in Kent for conspirators to collect.

Belgian national Rudi Sels, 65, admitted conspiring to import cocaine at the Old Bailey today (28 November) after the CPS worked with other agencies to extradite him to the UK to face trial.

The court heard how Sels had piloted a light aircraft from Brustem Airfield in eastern Belgium with an intended destination of Le Touquet, near Calais in France, on the afternoon of 23 June 2016.

However, shortly after 2.30pm that day, investigators on the ground in the UK observed the plane flying over a field near Faversham in Kent and later recovered more than 32kg of cocaine in a Land Rover which had been parked near the scene.

Three men – two of whom were stopped with the Land Rover - were jailed for between 10 and 16 years after admitting their roles in the conspiracy in January 2017.

Sels was sentenced to 14 years in prison this afternoon - minus 22 days already served awaiting extradition.

Adrian Flasher, from the CPS, said:

“Three men are already serving significant prison sentences for their roles in this international conspiracy to import cocaine into the UK.

“The CPS worked closely with the Belgian authorities and the National Crime Agency in order to extradite Rudi Sels back to this country to face justice for his role in the scheme.

“Faced with the compelling evidence gathered by the prosecution and investigators, Sels has today admitted his guilt and received a significant prison sentence.”

Ends

Notes to Editors

·         Adrian Flasher is a Specialist Prosecutor with the CPS International Justice and Organised Crime Division

·         Rudi Sels admitted one charge of CONSPIRACY TO CONTRAVENE SECTION 170 OF THE CUSTOMS AND EXCISE MANAGEMENT ACT 1979, Contrary to section 1(1) of the Criminal Law Act 1977.

·         Andrew Barrett (16 years), Michael Mealing (12.5 years) and Jonathan Hart (10 years, nine months) were jailed at the Old Bailey in January 2017. Details of charges and  case background: http://www.cps.gov.uk/news/latest_news/drug_smugglers_who_flew_cocaine_to_uk_jailed/index.html