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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice.
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Jo My name is ***** *****
, My issue is regarding

Customer Question

Hi Jo My name is ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: My issue is regarding multiple counts of Fraud that were committed by my brother. I would like to find out more about what sot of punishment he is likely to recieve
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Submitted: 10 months ago.
Category: UK Law
Customer: replied 10 months ago.
Here is a list of frauds that my brother Theo committed:August 2015
The was a personal assistant to a managing director. One of Theo's duties was to book car service (eg airport shuttles) for the MD. Theo, thus had access to the details of the company car service corporate account. Theo quit his job. Upon leaving his job, Theo maintained access to the company's car service corporate account. Over the next month, Theo, hiring cars for himself without the company knowing - proceeded to rack up a £5000 bill in the company's name.September 2015
Theo was renting a room in a 3 bedroom flat. Theo was only a tenant, he had no legal claim to the property. Theo decided to place an advert online advertising that a room was available to rent in the flat. Theo then took viewings from 4 different parties and these individuals proceeded to, in advance, pay Theo rent. Theo then disappeared, leaving these 4 prospective tenants without a home and without the rent that they had paid in advance.December 2015
Theo repeated the very same rental scam to 1 individual.
Expert:  Jo C. replied 10 months ago.

Sorry for the delay. How can I help with this please?

Customer: replied 10 months ago.
What is the likely sentence for Theo's crimes
Expert:  Jo C. replied 10 months ago.

Are these offences being sentenced at the same time? The last two clearly have a nexus but the first doesn't really.

Customer: replied 10 months ago.
It is likely that he will be sentenced at the same time as he has recently been arrested (separately)
Expert:  Jo C. replied 10 months ago.

What was the effect on the company of the loss ?

Customer: replied 10 months ago.
They were charged £5000 by the Car Hire Service. Theo used the car hire service under false misrepresentation.
Customer: replied 10 months ago.
Each victim from both of the rental fraud was fleeced of £1,200. Total of £6,000.
Expert:  Jo C. replied 10 months ago.

Was this a large company that could absorb the cost without being devastated?

Customer: replied 10 months ago.
it is a publicly listed firm with a Market Cap of over £3Billion.
Expert:  Jo C. replied 10 months ago.

I wouldn't panic too much about the housing scam. It is the theft from employer that will rack up the sentence because of the breach of trust.

That said, this is a fairly low amount of money and the company is not vulnerable. It is aggravated by the fact that there are other offences of dishonesty but I would expect a suspended sentence for that.

The other two matters warrant a consecutive sentence but they are going to be community orders. They would only be a short period in custody if a community order is impossible because the first offence leads to custody.

There is probably going to be a compensation order, costs of £85 and the victim surcharge.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
Thank you thus far.With regards ***** ***** rental fraud. Theo's bail conditions explicitly state that he is not to contact any of the victims. He is currently in a financial position to be able to return the money to the victims. What is advisable for him to do?
Expert:  Jo C. replied 10 months ago.

Make an offer to pay compensation in court.

The court will order it anyway.

Customer: replied 10 months ago.
Lastly,What is the best thing that Theo can do up until his bail date?Is there anything that he an implement that would be looked upon favourably? however extreme.
Expert:  Jo C. replied 10 months ago.

Not really.

He could get some references I suppose but the best mitigation here is guilty plea and repayment.

Customer: replied 10 months ago.
the offer for repayment must / can only be made in court?
Expert:  Jo C. replied 10 months ago.

You could approach the OIC earlier but I wouldn't guarantee that he will pass the information onto CPS so I would do it in court.