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In court for benefit fraud


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Hi All. a newbie (a very worried one at that too). I need some advice.

 

Myself and my mother have been called in to magistrate court this week (Friday), I only found out late last week for offences relating to benefit fraud. Here is a breakdown of the situation:

- mother entitled to housing benefit, moved into a property in 2004 with us (me and my siblings)

- I purchased that same property as it went up for sale in 2006.

- mother failed to notify of changes in circumstances and continued to claim rent

- i paid my mortgage with the rent she received

- I was at uni so no longer lived at her address, only went back on weekends etc so mum took me off her claim and only showed herself and my younger siblings as living at the property

- mother doesnt speak english so she had help filling in her forms - i normally helped her fill in the forms. At her interview, she said that my daughter (as in me) was responsible for filling in her claim forms.

- in 2010 we found out that this wasnt legal and could end up in trouble so mum moved out to another place with my siblings.I put up my property to another tenant.

- in 2011 we both were interviewed under caution. several times.

- i confessed to knowing that if she had included my name on her claim as a resident, it would have affected her claim.

- overpayment was over 4 years and of £28k. my mum started repaying last year.

- we are called in to magistrates, (only found out last week) and charges are for benefit fraud for mum and proceeds of crime sec 327 for me. (something to do with money laundering?)

 

Really worried for mum, even at the interviews I was trying to take all the blame as I dont want mum to suffer. She has already been through a lot in her life. My father was brutally murdered in dec 2003 and our world has turned upside down since. Me being the eldest in siblings, I have always tried to keep everyone safe. We are still to see justice being done as the court case is run in another (very corrupt) country so still footing large court and legal bills!!!!! but no sign of justice.

 

As you can see the case wasnt fraudalent from outset. mum lived there for over 2 years before i purchased it. neither one of us has any criminal records. I am now a graduate, hold masters degree and work in corporate org. If I am sent down, it could end my career!

 

Can someone advise. based on any similar experineces, what we punishment we can expect to recieve? I spoke to a solicitor today who advised that even though my mother will get legal aid, its best to go private. we looking to pay around £6-7k in fees!!!! Is that normal? ( we have been told it will go to crown court)

 

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Hello there.

 

I've started a new thread so you can have advice on your specific problems. Please continue to post here.

 

I agree that you need legal advice. Keep ringing around and see if the answers are different. The Law Society website has a search facility so you can find firms with the right expertise in your area.

 

My best, HB

Illegitimi non carborundum

 

 

 

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327 Concealing etc

 

(1)A person commits an offence if he—

 

(a)conceals criminal property;

 

(b)disguises criminal property;

 

©converts criminal property;

 

(d)transfers criminal property;

 

(e)removes criminal property from England and Wales or from Scotland or from Northern Ireland.

 

(2)But a person does not commit such an offence if—

 

(a)he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent;

 

(b)he intended to make such a disclosure but had a reasonable excuse for not doing so;

 

©the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct.

 

(3)Concealing or disguising criminal property includes concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.

 

 

That's the section from proceeds of crime act you have quoted. To my inexperienced eyes it seems they are probably saying you knowingly accepted the rent obtained from deception and then proceeded to use that on purchase of the house.

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