A BENEFIT cheat who claimed £7,500 had her jail sentence suspended at Basildon Crown Court.
Michelle Samuels, 31, of Yardley, Basildon, admitted producing false documents, failing to declare her partner was living with her and failing to declare earnings from her job to claim the housing benefit in less than a year.
Samuels was handed a six- month prison sentence, suspended for two years, a one-year supervision order and was told she must pay the full amount of overpaid benefit back.
Two frauds here and life goes on.
Wednesday, 10 February 2010
Judge condones benefit fraud
A MOTHER-OF-FOUR who cheated taxpayers out of more than £66,000 during a six-year benefits fraud has walked free from court.
Jacqueline Poole from Thornaby was spared an immediate prison sentence after judge ruled that the money was spent only on "household necessities".
Poole claimed to be a single mother to collect Income Support, housing benefit and council tax relief between 2002 and September 2008.
Teesside Crown Court heard she was, in fact, living with a partner who was in work.
Her lawyer, Peter Wishlade, told the court that she received very little money from her boyfriend, and relied on benefits to make ends meet.
When she first claimed State hand-outs, Poole was living alone, but the claim became fraudulent when her partner moved in with her.
An investigation by officials revealed that the man used the address for car insurance, finance agreements and a home-shopping catalogue. Investigators also mounted a surveillance operation at the house, and watched the man leaving regularly, and his car parked outside.
James Kemp, prosecuting, said Poole continually denied he lived there in interview until she was confronted with the surveillance evidence.
She later said the man - the father of her youngest child - spent his pay on himself and his mates, and contributed little to the household.
"She said she wished to maintain some financial independence for herself and children," Mr Kemp said. "That bid for financial independence cost the taxpayer £66,403."
Mr Wishlade told Judge Peter Armstrong that the partner - they are now separated - had problems with alcohol, drugs and gambling.
"She was desperate, as many mothers would be, to provide for her children," Mr Wishlade added. "He was not providing anything.
"Although he was working, his response to the household bills was to say 'I will pay for the television' and the rest of his income went to the benefit of Ladbrokes, Coral, various breweries and drug dealers."
Poole, of Hawthorn Avenue, Thornaby, admitted two charges of failing to notify a change of circumstance at an earlier court hearing.
She was given a six-month prison sentence, suspended for two years, and ordered to carry out 200 hours of unpaid community work.
Poole wept as Judge Armstrong told her: "I have come to the conclusion that despite the large amount of money involved, it is appropriate to suspend the inevitable custodial sentence."
He added: "There has to be custody as a deterrent to you and anyone else who thinks it is appropriate to fiddle the taxpayer to this extent.
"Had it been that this money was being spent on an increased standard of living in your household, I have no doubt the public would be expecting you to be sent to prison immediately.
"The reason you would not have been entitled to them would be on the basis his income would contribute to the household, but it seems clear that he wasn't to any significant extent.
"The benefits you obtained unlawfully simply kept being spent on household necessities."
Jacqueline Poole from Thornaby was spared an immediate prison sentence after judge ruled that the money was spent only on "household necessities".
Poole claimed to be a single mother to collect Income Support, housing benefit and council tax relief between 2002 and September 2008.
Teesside Crown Court heard she was, in fact, living with a partner who was in work.
Her lawyer, Peter Wishlade, told the court that she received very little money from her boyfriend, and relied on benefits to make ends meet.
When she first claimed State hand-outs, Poole was living alone, but the claim became fraudulent when her partner moved in with her.
An investigation by officials revealed that the man used the address for car insurance, finance agreements and a home-shopping catalogue. Investigators also mounted a surveillance operation at the house, and watched the man leaving regularly, and his car parked outside.
James Kemp, prosecuting, said Poole continually denied he lived there in interview until she was confronted with the surveillance evidence.
She later said the man - the father of her youngest child - spent his pay on himself and his mates, and contributed little to the household.
"She said she wished to maintain some financial independence for herself and children," Mr Kemp said. "That bid for financial independence cost the taxpayer £66,403."
Mr Wishlade told Judge Peter Armstrong that the partner - they are now separated - had problems with alcohol, drugs and gambling.
"She was desperate, as many mothers would be, to provide for her children," Mr Wishlade added. "He was not providing anything.
"Although he was working, his response to the household bills was to say 'I will pay for the television' and the rest of his income went to the benefit of Ladbrokes, Coral, various breweries and drug dealers."
Poole, of Hawthorn Avenue, Thornaby, admitted two charges of failing to notify a change of circumstance at an earlier court hearing.
She was given a six-month prison sentence, suspended for two years, and ordered to carry out 200 hours of unpaid community work.
Poole wept as Judge Armstrong told her: "I have come to the conclusion that despite the large amount of money involved, it is appropriate to suspend the inevitable custodial sentence."
He added: "There has to be custody as a deterrent to you and anyone else who thinks it is appropriate to fiddle the taxpayer to this extent.
"Had it been that this money was being spent on an increased standard of living in your household, I have no doubt the public would be expecting you to be sent to prison immediately.
"The reason you would not have been entitled to them would be on the basis his income would contribute to the household, but it seems clear that he wasn't to any significant extent.
"The benefits you obtained unlawfully simply kept being spent on household necessities."
Congratulations to Solihull Council
Solihull Council have shown openness by listing not only benefit fraud court cases for December, but also administrative penalties and cautions, to help voters get an overall view of their sanctioning. This openness is important, and good as far as it goes, so well done.
Other councils, please copy. (Comments in italics are mine.)
Other councils, please copy. (Comments in italics are mine.)
- A 25 year old woman from Chelmsley Wood was prosecuted after a successful joint investigation by Solihull Jobcentreplus and Solihull Council Benefit Investigation Team. She had failed to report to either organisation that her partner, who was in full time work, had moved into her property and they were living together as man and wife. She appeared at Solihull Magistrates Court and pleaded guilty to two charges of failing to report changes in her circumstances. She was given a six month supervised Community Order. She is also having to repay the £5,850 Housing and Council Tax Benefits and Income Support overpaid to her.
- A 53 year old man from Castle Bromwich accepted an Administrative Penalty following a successful joint investigation by the Council’s Benefit Fraud Team and Job Centre Plus Fraud Team. He had failed to declare to either organisation that he had returned to full time work. In addition to repaying the Housing and Council Tax Benefit overpayment of £389.92 and Income Support of £554.63, he has to pay the Administrative penalties totalling £283.35.
- A 32 year old woman from Kingshurst accepted a Formal Caution after a successful joint investigation by Solihull Council Benefit Investigation Team and Jobcentreplus. She had failed to report that her partner was resident who was in full time employment. In addition to this she is being asked to repay the £3476.94 Income Support, Housing and Council Tax Benefit Benefit over paid to her. She's unpunished for a four figure fraud.
- A 54 year old Solihull woman was prosecuted after a successful investigation by Solihull Council Benefit Investigation Team. She had failed to report an increase in her earned income and had also failed to declare that her resident daughter had started working. Proceedings were taken under Social Security Administration Act 1992 at Solihull Magistrates Court when she pleaded guilty to the charges. She was handed a conditional discharge for 12 months and ordered to pay £50 costs. We don't know how much she stole.
- A 46 year old Solihull woman was prosecuted after a successful investigation by Solihull Council Benefit Investigation Team. She had dishonestly failed to report that she had started working and received Tax Credits. Proceedings were taken under Social Security Administration Act 1992 at Solihull Magistrates Court when she pleaded guilty to the charge. She was handed a conditional discharge for 12 months and ordered to pay £50 costs. Here's another instance where the tax credits database should have communicated automatically with the council. It's unfair to people on benefits not to do this.
- A 25 year old Solihull woman was prosecuted after a successful investigation by Solihull Council Benefit Investigation Team. She had failed to report that her earnings had increased together with Tax Credits. Proceedings were taken under Social Security Administration Act 1992 at Solihull Magistrates Court when she pleaded guilty to the charge. She was handed a conditional discharge for 12 months and ordered to pay £50 costs. Another case of non-communication between government agencies. We're not told how much she stole.
- A 37 year old woman from Kingshurst, Solihull accepted a Formal Caution on 1/12/2009 following a successful investigation by the Council’s Benefit Fraud Team. She failed to declare to the Council that her husband was in receipt of job seekers allowance resulting in an overpayment of Housing Benefit and Council Tax benefit of £1,075.04. Again unpunished.
- A 41 year old Solihull woman was given a Formal Caution after a successful investigation by Solihull Council. She had failed to report increases in her earnings and Tax Credits . This has resulted in an overpayment of £1458.56 which is now being recovered. Again unpunished.
- A 37 year old woman from Chelmsley Wood was prosecuted after a successful investigation by Solihull Council Benefit Investigation Team. She had failed to report that she had started to receive an additional income - tax credits. She pleaded guilty to the offence of failing to report a change in her circumstances, at Solihull Magistrates Court. She was given a six month supervised community order and had to pay costs of £200. In addition, she is also having to repay the overpayment of Housing Benefit of £5,730. More non-communication.
- A 27 year old woman from Kingshurst was given a Formal Caution following a successful investigation by Solihull Council Benefit Investigation Team. She had failed to report a change in her circumstances, namely that she started to receive Working Tax Credit. This resulted in an overpayment of Housing and Council Tax Benefit totalling £889.77 which she is now repaying. Yet more non-communication.
- A 25 year old woman from Castle Bromwich was prosecuted after a successful investigation by Solihull Council Benefit Investigation Team. She had failed to report changes in her circumstances, namely that she was in receipt of additional income – student finance and earnings from part time work. She pleaded guilty at Solihull Magistrates Court and received a two year conditional discharge and had to pay costs of £100. In addition, she also has to repay the £5,921.31 overpaid Housing Benefit.
- A 33 year old man from Chelmsley Wood was prosecuted after a successful joint investigation by Solihull Jobcentreplus and Solihull Council Benefit Investigation Team. He had failed to report that he had started full time employment whilst claiming benefits .He appeared at Solihull Magistrates Court and pleaded guilty to two charges of failing to report a change of circumstances. He was given a 12 week Community Order to include a curfew between 9pm and 7pm and ordered to pay £100 costs . He is also having to repay £1621 Housing Benefit and £295 Council Tax Benefit overpaid to him.
Tuesday, 9 February 2010
Another housing benefit fraud gets a light sentence
A man who illegally claimed more than £2,000 in benefits in Radlett was ordered to pay the money back at Watford Magistrates Court on Friday.
Giovanni Finco claimed £86-a-week in housing benefit between September 2008 and April 2009 for a flat on Craigweil Avenue. However, he only lived there for two weeks and, in failing to notify Hertsmere Borough Council when he moved, Finco, 41, was able to claim a total of £2,408 for the Radlett flat.
Finco, now living in Harpenden, was given a conditional discharge after reversing a not guilty plea meaning he could be re-sentenced if he commits a crime in the next 12 months.
He was ordered to repay the money in £50 monthly instalments as well as £150 costs to the prosecution.
Councillor John Graham said:
Giovanni Finco claimed £86-a-week in housing benefit between September 2008 and April 2009 for a flat on Craigweil Avenue. However, he only lived there for two weeks and, in failing to notify Hertsmere Borough Council when he moved, Finco, 41, was able to claim a total of £2,408 for the Radlett flat.
Finco, now living in Harpenden, was given a conditional discharge after reversing a not guilty plea meaning he could be re-sentenced if he commits a crime in the next 12 months.
He was ordered to repay the money in £50 monthly instalments as well as £150 costs to the prosecution.
Councillor John Graham said:
This is Hertsmere’s seventh successful prosecution for benefit fraud following investigations by the council’s Anti-Fraud Team since April 2009.Would that this also applied to Watford Magistrates.
We hope this sends out a clear message that Hertsmere has zero tolerance for benefit fraud and we will continue to use all our powers to recover money from those who try to cheat the system.
Trivial punishment for housing benefit fraud
A 35-year-old St Clears man has been prosecuted for falsely claiming £2,640 in housing benefit.
Christopher Weeks pleaded guilty to failing to declare a change in circumstances. He had claimed housing benefit with his partner and children at a rented property near St Clears, from November 2008.
In September 2009, Carmarthenshire County Council began an investigation into his claim for housing benefit. It was established that Weeks had vacated the property in March 2009 and had since moved to Bridgend.
He was fined £115 and ordered to pay £307 costs. He will also have to repay all of the overpaid benefit.
Christopher Weeks pleaded guilty to failing to declare a change in circumstances. He had claimed housing benefit with his partner and children at a rented property near St Clears, from November 2008.
In September 2009, Carmarthenshire County Council began an investigation into his claim for housing benefit. It was established that Weeks had vacated the property in March 2009 and had since moved to Bridgend.
He was fined £115 and ordered to pay £307 costs. He will also have to repay all of the overpaid benefit.
Slow prosecutors stop trial going ahead
A senior judge has blamed prosecutors for the collapse of a case against two Aberdeen pensioners accused of a £53,000 benefit fraud.
Sylvia Caldwell, 68, was alleged to have faked medical problems while working as a cleaner, while her husband, Andrew, 70, was spotted on a golf course after claiming he could not walk without a stick.
The alleged offences dated back to 1995 and attempts to bring the Caldwells to trial were dogged by legal complications. After hearing from lawyers at the Court of Criminal Appeal in Edinburgh last month, Lord Osborne, sitting with Lords Reed and Philip, refused to allow the Crown any more time to continue the prosecution.
In a written finding, the judge blamed the Crown’s “casual attitude” for failing to bring the couple to trial.
More
h/t Dave
Sylvia Caldwell, 68, was alleged to have faked medical problems while working as a cleaner, while her husband, Andrew, 70, was spotted on a golf course after claiming he could not walk without a stick.
The alleged offences dated back to 1995 and attempts to bring the Caldwells to trial were dogged by legal complications. After hearing from lawyers at the Court of Criminal Appeal in Edinburgh last month, Lord Osborne, sitting with Lords Reed and Philip, refused to allow the Crown any more time to continue the prosecution.
In a written finding, the judge blamed the Crown’s “casual attitude” for failing to bring the couple to trial.
More
h/t Dave
Monday, 8 February 2010
Light sentence for benefit thief who kicked drink problem
Marc Bangs, from Hutton, falsely claimed benefits totalling more than £25,000 between July 2003 and July 2007, despite holding down a steady job as a tarmacer.
Recorder Glancy said he was minded to send Bangs to prison, before he heard a glowing testimony from his probation worker, Allen Murray. Mr Murray told the hearing Bangs had worked very hard to tackle his literacy problems and was a good father to his 14-year-old son. Mr Murray said: “He now has a settled home life and has tackled a former drink problem.”
Bangs, who has been signed off from work with a back problem, has now started to pay back the benefits at the rate of £20 a week. That will take over 24 years, even without interest.
He was given concurrent nine-month prison sentences for each of the offences, and told they would be suspended for two years.
He was given a separate community order for falsely claiming income support when he appeared at Basildon Magistrates’ Court in July last year.
Recorder Glancy said he was minded to send Bangs to prison, before he heard a glowing testimony from his probation worker, Allen Murray. Mr Murray told the hearing Bangs had worked very hard to tackle his literacy problems and was a good father to his 14-year-old son. Mr Murray said: “He now has a settled home life and has tackled a former drink problem.”
Bangs, who has been signed off from work with a back problem, has now started to pay back the benefits at the rate of £20 a week. That will take over 24 years, even without interest.
He was given concurrent nine-month prison sentences for each of the offences, and told they would be suspended for two years.
He was given a separate community order for falsely claiming income support when he appeared at Basildon Magistrates’ Court in July last year.
Two cleaners steal £70k in benefit fraud
A couple conned the state out of £72,300 in benefits and spent the money on holidays to Turkey, luxury goods and even setting up their own company.
William Stone, 61, and Diane Ward, 63, also accumulated £15,000 in savings by the time officials detected their fraud after a tip off.
Lancaster Crown Court heard Stone had initially made a legitimate claim for incapacity benefit in 1996 due to illness when he was living in Leeds.
But he recovered a year later and over the next 12 years years without telling officials from the DWP he held down 13 cleaning and labouring jobs for agencies and employers in the building and cleaning industries.
With the cash he formed his own contract cleaning company BJ Cleaning Services and in 2006 moved to the seaside resort of Morecambe.
The couple even had a contract to clean for Lancaster City Council at taxpayers' expense whilst Ward illegally claimed handouts in income support, housing benefit, council tax benefit and pension credit.
They spent some of the money from the fraud on holidays to Turkey, a luxury caravan, upgrading their car and a 52-inch plasma screen TV.
During the fraud Ward entered her claim for Housing Benefit and Council Tax Benefit, falsely claiming to be renting the couple's caravan from BJ Cleaning Services.
Stone also falsely claimed Ward was a tenant on a Landlord Declaration form issued by the council to verify her claim. It wrongly claimed he was her landlord, and that she was paying £500 a month in rent.
Surveillance footage showing Stone and Ward as a couple, cleaning holiday lodges. They were arrested shortly after they returned from holiday in Turkey and they were said to have made a full confession.
Stone was jailed for 20 weeks and Ward for 18 weeks after both admitted benefit fraid charges. The court heard caravan has been repossessed and the pair are now living in a rented flat in Morecambe.
Judge Norman Wright told the pair: "Both of you were part of a long-term systematic assault on the benefits system. It is not the revenue that is the loser - it is the general public."
After the case Peter Hamer, DWP fraud operations manager, said: "This investigation arose due to the receipt of information from the public.
"In addition to the sentences imposed by the court, the Department will also now take steps to recover the benefit falsely obtained, to ensure this couple does not benefit financially from their criminal activity".
htp Dave
This is lamentable. The fraud went on for 12 years and would still be going on today if it hadn't been for a tip-off. And they even had a Council contract. Does no one check anything?
If two cleaners can accumulate £72,000, benefit fraud can't be very difficult.
William Stone, 61, and Diane Ward, 63, also accumulated £15,000 in savings by the time officials detected their fraud after a tip off.
Lancaster Crown Court heard Stone had initially made a legitimate claim for incapacity benefit in 1996 due to illness when he was living in Leeds.
But he recovered a year later and over the next 12 years years without telling officials from the DWP he held down 13 cleaning and labouring jobs for agencies and employers in the building and cleaning industries.
With the cash he formed his own contract cleaning company BJ Cleaning Services and in 2006 moved to the seaside resort of Morecambe.
The couple even had a contract to clean for Lancaster City Council at taxpayers' expense whilst Ward illegally claimed handouts in income support, housing benefit, council tax benefit and pension credit.
They spent some of the money from the fraud on holidays to Turkey, a luxury caravan, upgrading their car and a 52-inch plasma screen TV.
During the fraud Ward entered her claim for Housing Benefit and Council Tax Benefit, falsely claiming to be renting the couple's caravan from BJ Cleaning Services.
Stone also falsely claimed Ward was a tenant on a Landlord Declaration form issued by the council to verify her claim. It wrongly claimed he was her landlord, and that she was paying £500 a month in rent.
Surveillance footage showing Stone and Ward as a couple, cleaning holiday lodges. They were arrested shortly after they returned from holiday in Turkey and they were said to have made a full confession.
Stone was jailed for 20 weeks and Ward for 18 weeks after both admitted benefit fraid charges. The court heard caravan has been repossessed and the pair are now living in a rented flat in Morecambe.
Judge Norman Wright told the pair: "Both of you were part of a long-term systematic assault on the benefits system. It is not the revenue that is the loser - it is the general public."
After the case Peter Hamer, DWP fraud operations manager, said: "This investigation arose due to the receipt of information from the public.
"In addition to the sentences imposed by the court, the Department will also now take steps to recover the benefit falsely obtained, to ensure this couple does not benefit financially from their criminal activity".
htp Dave
This is lamentable. The fraud went on for 12 years and would still be going on today if it hadn't been for a tip-off. And they even had a Council contract. Does no one check anything?
If two cleaners can accumulate £72,000, benefit fraud can't be very difficult.
Light sentence for £68k fraud
A 44-year-old Shropshire woman who conned the DWP and Telford &Wrekin Council out of more than £68,000 has been spared an immediate prison sentence.
Bernadette Adams admitted evading liability by deception by failing to declare she was living with her partner Thomas Spate between February 28, 2001, and February 2, 2009, relating to housing costs and council tax.
At Shrewsbury Crown Court she was sentenced to 24 weeks in prison for both charges, suspended for 12 months and ordered to carry out 100 hours of unpaid work.
Joanne Griffiths, for Adams, said: “She is a lady of previous good character. She is a law-abiding lady who desperately cares for her family and knows she has let them down.” She is not "a law abiding lady", she is a thief who deliberately stole from us for eight years.
Recorder Nigel Daly said: “You have stolen over £68,000 over a period of time. I appreciate that when you started your claims they were quite genuine.
“There is no doubt that this sort of benefit fraud, of this sort of period, in these sorts of sums crosses the custody threshold.”
After the case DWP investigator Mark Pickering said: “No one should think they can get away with benefit theft. DWP and local authority investigators are working together to track down those guilty of stealing money they are not entitled to.”
Bernadette Adams admitted evading liability by deception by failing to declare she was living with her partner Thomas Spate between February 28, 2001, and February 2, 2009, relating to housing costs and council tax.
At Shrewsbury Crown Court she was sentenced to 24 weeks in prison for both charges, suspended for 12 months and ordered to carry out 100 hours of unpaid work.
Joanne Griffiths, for Adams, said: “She is a lady of previous good character. She is a law-abiding lady who desperately cares for her family and knows she has let them down.” She is not "a law abiding lady", she is a thief who deliberately stole from us for eight years.
Recorder Nigel Daly said: “You have stolen over £68,000 over a period of time. I appreciate that when you started your claims they were quite genuine.
“There is no doubt that this sort of benefit fraud, of this sort of period, in these sorts of sums crosses the custody threshold.”
After the case DWP investigator Mark Pickering said: “No one should think they can get away with benefit theft. DWP and local authority investigators are working together to track down those guilty of stealing money they are not entitled to.”
- And then they get a ridiculous sentence like this.
These people do it for the money. So hit them in the pocket. It was money that motivated them, and a financial penalty will help to deter them.
People convicted of benefit fraud should have to repay twice what they've stolen, and should not be eligible for any further benefits – including tax credits - until they have. A confiscation order should be automatic and immediate.
If you don't punish people who are convicted of an easy crime, the offence will continue to look attractive.
Sunday, 7 February 2010
Daughter fraudulently claimed £10k
Samantha Farmer, from Weoley Castle, has been sentenced to an 18 month community order with a requirement to carry out 160 hours unpaid work after pleading guilty at Birmingham Magistrates Court to failing to declare that her landlord was related to her.
Farmer failed to tell the council that her landlord was in fact her father. If she had told the truth she would not have been paid the £10,433 she fraudulently claimed.
Farmer failed to tell the council that her landlord was in fact her father. If she had told the truth she would not have been paid the £10,433 she fraudulently claimed.
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