CPS News Brief

Fraudster who duped property investors out of £5million convicted

A fraudster who duped property investors out of more than £5million by promising them impossible returns has been convicted following a prosecution by the CPS Specialist Fraud Division.

Sascha Morris, 46, was convicted of two counts of fraud and another of fraudulent trading following a trial at Leeds Crown Court. She will be sentenced on 9 January 2017.

The court heard how Morris persuaded UK investors to part with cash for off-plan properties in Cyprus by promising false returns on quick sales. She also promoted non-existent relationships with holiday lettings firms said to be available to lease properties that were not sold. Investors were encouraged to put money in at the start of projects on the basis that they could sell before they were completed. When buyers were not found and the projects neared completion, the investors were pursued for further payments that they had never expected to make.

In another part of the fraud, Morris sourced more than £2.6million from two groups of investors to a company she claimed would finance property developments. Each group thought their investment was underpinned by the value of the company but was unaware that the other group was involved and would be entitled to half of that value. When the schemes failed, the vast majority of the money was lost.

Simon Higginbotham, Specialist Prosecutor from the CPS Specialist Fraud Division, said:

“Some of the investors targeted by Sascha Morris had to remortgage their homes or borrow large sums in order to raise money they had never expected to pay.

“Through careful analysis of the financial transactions the prosecution was able to demonstrate to the jury how Morris deliberately misled investors in order to achieve financial gain for herself.”

The conviction follows an investigation carried out by North Yorkshire Police’s Major Fraud Investigation Team.

James Wheatley sentenced to life in prison for murdering vulnerable man

A Newcastle man who imprisoned and tortured to death a vulnerable man over nine days has been sentenced to life imprisonment at Newcastle Crown Court today, with three others also sentenced for charges relating to his death.

James Michael Wheatley (29) was found guilty by a jury of the murder of Lee Irving (24), a man with learning difficulties who had believed he was a close friend. Wheatley had previously pleaded guilty to a charge of conspiracy to pervert the course of justice.

Barry Imray (35) had previously pleaded guilty to charges of conspiracy to pervert the course of justice and a further charge of pervert the course of justice. He was found guilty by jury of a further charge of causing/allowing the death of a vulnerable person.

Wheatley’s mother, Julie Mills (52) and his then girlfriend Nicole Lawrence (22) were also found guilty of charges of conspiracy to pervert the course of justice and causing/allowing the death of a vulnerable person. All four defendants were living in the same house in Kenton, at the time of Lee Irving’s death.

Gerry Wareham, Chief Crown Prosecutor for CPS North East, said:

“James Wheatley exploited the friendship of Lee Irving in the worst way imaginable. Lee only wanted friendship but, instead, became the target of Wheatley’s aggression.

“After the attacks on Lee Irving, the defendants made every effort to hide what they had done; sedating and imprisoning him in their home, moving his body after death and removing key evidence.

“Even those defendants not directly involved in the attacks would have recognised that the extent of his injuries required immediate medical attention. Not one of them tried to assist Lee or to prevent further injury to him.

“This has been a complex case, in which the defendants’ crude attempts to hamper the police investigation have been systematically dismantled and laid bare by police and prosecutors. I would hope that these convictions provide some comfort to the family and friends of Lee Irving, at what must be an incredibly difficult time. Our thoughts are with them.”

Notes

James Michael Wheatley was sentenced to life imprisonment with a minimum term of 23 years. 

Barry Imray was sentenced to three years in prison. 

Julie Mills was sentenced to eight years in prison.

Nicole Lawrence was sentenced to four years in prison.

Death of Arkadiusz Jozwik in Harlow

Paul Scothern, Crown Advocate in the Complex Casework Unit for CPS East of England said:

“We have today advised Essex Police to charge a 15-year-old youth from Harlow with the manslaughter of Arkadiusz Jozwik, aged 40. This is following an incident at The Stow, Harlow, on 27 August 2016.

“The decision was taken in accordance with the Code for Crown Prosecutors.

“The youth will appear at Chelmsford Youth Court on 6 January 2017.

“Following early investigative advice from the reviewing lawyer, the police decided to take no further action in relation to five other youths who were at the scene.

“May I remind all concerned that this youth has a right to a fair trial. It is very important that there should be no reporting, commentary, or sharing of information online which could in any way prejudice these proceedings. For these reasons, it would be inappropriate for me to comment further.”

Statement: Barry Bennell

A CPS spokesperson said:

“On 27 September 2016, the Crown Prosecution Service received a file of evidence from Cheshire Police relating to allegations of non-recent child sexual abuse involving a former football coach, Barry Bennell.

“Following a review of the evidence, in accordance with the Code for Crown Prosecutors, Mr Bennell, 62, has today been charged with eight offences of sexual assault against a boy under the age of 14.

“The Crown Prosecution Service reminds all concerned that criminal proceedings against Mr Bennell will now begin and that he has a 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.”

Background:

The charges are:

1.    Indecent assault on boy under the age of 14 years 

2.    Incite a boy under fourteen years of age to commit an act of gross indecency 

3.    Indecent assault on boy under the age of 14 years 

4.    Incite a boy under fourteen years of age to commit an act of gross indecency 

5.    Indecent assault on boy under the age of 14 years 

6.    Indecent assault on boy under the age of 14 years 

7.    Indecent assault on boy under the age of 14 years 

8.    Assault with intent to commit buggery

Health experts who defrauded NHS ordered to pay £575,000

Four health experts who fraudulently billed the NHS for 14,000 hours they did not work have been ordered to pay more than £575,000 or face further time in prison.

John Mulholland, Martin Oliver, Ann Clements and Tom Cumberland were all jailed for their parts in the scam. The CPS Proceeds of Crime Unit subsequently began proceedings to recover the defrauded funds.

Following a ruling at Basildon Crown Court yesterday (Thu 24 Nov), the group was ordered to pay:

·         £350,946.23 to NHS Protect

·         £168,593.28 to Basildon & Thurrock NHS Trust

·         £57,599.66 to HM Treasury

The court ruled that failure to pay will result in additional prison sentences of 21 months (Mulholland) and 18 months (Oliver, Clements and Cumberland). Mulholland must also pay CPS costs of £75,000.

Nick Price, Head of CPS Proceeds of Crime said:

“A respected role in a well-paid job wasn’t enough for these people and so they fraudulently claimed extra payments out of pure greed.

“Our work continues to ensure that criminals will not benefit from their crimes. This ruling means we will be able to make these fraudsters pay back the money they stole from the NHS and ultimately the taxpayer.”

Stephen Port convicted

A man who drugged, raped and killed four male victims has today (23 November) been convicted at the Old Bailey.

Stephen Port, 41, drugged his victims, either by spiking their drink or through other means. Four of the men died from an overdose of the drug GHB and four others were raped while unconscious.

Port, from Barking, east London, was found guilty of four counts of murder, four counts of rape, four counts of assault by penetration and 10 counts of administering a substance. He will be sentenced on Friday 25 November.

Malcolm McHaffie, Deputy Chief Crown Prosecutor for CPS London, said: 

“Over a period of three years the defendant committed a series of murders and serious sexual offences against young men. Port manipulated and controlled these men through the chilling and calculated use of the drug GHB, which he administered without their permission.

“Port murdered four of his victims and his considerable efforts to cover up his connection with the men - including disposing of mobile phones, writing a fake suicide note and planting vials of the drug on their bodies - ultimately failed. He even claimed that the deceased themselves were responsible for the overdoses and in one instance accused a murder victim of carrying out one of the other killings. 

“This was a technically challenging case, complicated by a significant amount of evidence taken from the numerous social media sites Port used. 

“We hope his conviction brings some comfort to the families of the four young men he killed and to his other victims. This was a harrowing trial and we would like to thank everyone who has given evidence in support of the prosecution case.” 

 

Additional point to note 

• Stephen Port was charged with a total of 29 counts. He was convicted of:
• Murder x4
• Rape x4
• Assault by penetration x4
• Administering a substance x10

Thomas Mair convicted of the murder of Jo Cox MP

Thomas Mair has today (23 November) been convicted of the terrorist murder of Jo Cox MP at the Old Bailey.

He was also found guilty of grievous bodily harm with intent, possession of a firearm with intent to commit an indictable offence and possession of an offensive weapon. He was sentenced to a 'whole-life' term today.

Sue Hemming, Head of Special Crime and Counter Terrorism at the Crown Prosecution Service said:

“On 16 June, Thomas Mair carried out the brutal murder of Jo Cox - a defenceless mother of two young children who served her constituents with passion, exuberance and vitality and was proud to represent a diverse community. Several people courageously intervened to try and save Ms Cox, including 77 year old Bernard Kenny who was stabbed by Mair and sustained serious injuries as a result.     

“Mair has offered no explanation for his actions but the prosecution was able to demonstrate that, motivated by hate, his pre-meditated crimes were nothing less than acts of terrorism designed to advance his twisted ideology. 

“The CPS worked closely with police from the outset of their thorough investigation to build a strong case. This included the evidence of a number of brave eye witnesses who are to be commended. A jury has now unanimously agreed on Mair’s guilt of all offences committed during this disturbing attack. 

“Our thoughts are with Jo Cox’s family who attended the court hearing and have behaved with real strength and dignity throughout.    

“The CPS will continue to work with criminal justice partners to combat those who seek to sow hatred and division by advancing extremist ideologies.”

Members of £2million cold-call gang jailed

Two members of a gang who defrauded more than £2million from members of the public in a large-scale cold-calling fraud have been jailed, bringing the total number of people sent to prison to eight.

Michael Foran and Kallan Henry, both 27, were convicted of fraud offences following a five-week trial at Southwark Crown Court for their roles in a scheme selling fictional investments. Today, Foran was jailed for four-and-a-half years and Henry was given an 18-month prison sentence.

The court heard how the gang used seemingly legitimate businesses called London Carbon Credit Company and Henderson International to convince investors to purchase ‘carbon credits’ by promising vastly inflated returns which never materialised.

Today’s sentencing follows on from a linked trial in August 2016 when six other members of the fraud all received jail sentences of between four and 11 years. The sentencing judge on that occasion, HHJ Korner, called the scheme ‘unpleasant and unscrupulous’.

The leader of the fraud, James Francis Byrne, 30, received a combined sentence of 11 years for his role as the ‘brains behind the scheme’. He received the majority of the profits of the business spending them on a lavish lifestyle. HHJ Korner described Byrne as ‘motivated entirely by greed and a callous disregard for the victims of the fraud’.

Luke Dockwray, Senior Specialist Prosecutor from the CPS Specialist Fraud Division, said:

“These criminals posed as legitimate businessmen to defraud millions of pounds from trusting investors in a calculated, persistent way.

“By exposing their lies and the absence of any investment value in what they were selling, the prosecution was able to prove that behind the City façade and sales talk were dishonest criminals, stealing the hard-earned pensions and savings of ordinary people.”

CPS confiscates £4.2m from mortgage fraudster

A convicted mortgage fraudster has been stripped of more than £4million in criminal assets after prosecutors forced him to sell off his property empire or face further time in prison.

Independent financial advisor Adeel Mirza, 47, was convicted of nine counts of fraud in 2013 and jailed for six years.

Following his conviction Mirza was ordered to pay back £4,180,788.32 and specialist lawyers from the Crown Prosecution Service Proceeds of Crime (CPSPOC) division began complex negotiations to recover the sum for the taxpayer.

Prosecutors arranged the sale of nine houses across London – the majority of Mirza’s UK property portfolio – which were all registered to a trust in Jersey. With the help of the authorities in Jersey, the CPS was able to register the confiscation order on the island so that the properties could be seized and sold.

Holly Morton, Specialist Prosecutor for CPSPOC, said: 

“Adeel Mirza used a complex network of companies to illegally gain millions of pounds for himself and his corrupt and criminal associates. 

“We have now ensured he will not be able to continue to benefit from his crimes once out of jail. 

“Criminals must realise that we will seek confiscation of their assets. When they are caught committing these kinds of crimes they will lose their liberty and will not return to lives of luxury on release.

“The success of this case demonstrates the determined and effective joint action between the CPS, National Crime Agency and overseas authorities in ensuring that criminals do not get to retain the benefit of their crimes.”

Mirza’s scheme was uncovered after a NCA investigation revealed he had provided false income and employment details in order to obtain substantially inflated mortgages.

The investigation uncovered a complex network of payments, bank accounts and properties held by companies in different countries and under different names, including unsuspecting members of Mirza’s family. These mortgages were arranged for clients, including a heroin dealer.

Further Information

Mirza was convicted of seven offences of Obtaining Money Transfers by Deception and two counts of Conspiracy to Obtain a Money Transfer by Deception. On 22 August 2013 Mirza was sentenced to six years’ imprisonment.

He was ordered to pay £4,180,788.32 at Southwark Crown Court on 24 September 2015 with a six year default sentence if he did not pay. The order has now been fully satisfied.

 

Belsize Park man sentenced to life for murdering his wife

Jose Leonardo, 56,was today (17 November) sentenced to life imprisonment with a minimum of 22 years for murdering his wife Maria Mbombo in their home in Belsize Park on 18 May this year. Leonardo was convicted of murder on Monday at the Central Criminal Court. He was found not guilty of a charge of perverting the course of justice. 

Aisling Hosein, reviewing lawyer from the CPS London homicide team, said: 

“Leonardo was a possessive, controlling and abusive man with a history of violence against his wife Maria. He set out on 18 May to murder her and stabbed her repeatedly with a knife. The nature of the wounds meant she will have slowly bled to death, but he made no attempt to call for help.

“He claimed he had been provoked by his wife to lose control during an argument, and was instead guilty of the lesser charge of manslaughter. However, the prosecution was able to prove he had planned the attack earlier in the day, which showed clear intent. That afternoon he even used a search engine to look for the most painful place to stab someone.

“This is a cruel man whose actions have had tragic consequences, ripping apart a family and leaving three children without a mother. He will now serve a life sentence for his crimes.”

Three men sentenced to life for the murder of Liverpool teenager

Three men have been sentenced to life for the joint enterprise murder of a teenager on a canal towpath in Liverpool. 

Liverpool Crown Court heard that Jake Culshaw, 25, John Martin, 20 and Paul Martin, 26, murdered 16-year-old Lewis Dunne on 15 November 2015 and they were convicted earlier today (16 November).

Lewis was discovered on the canal towpath by a passer-by on the night of the murder. 

An examination showed he had been shot in the back with a shotgun that was later found abandoned in the canal. 

The Crown Prosecution Service said that Lewis was an innocent victim of an on-going battle between two local street gangs that had begun earlier in the day.

CCTV had earlier captured four men, including Culshaw and Paul and John Martin, in the area and they were seen running away immediately after Lewis was shot. One of them was carrying what appeared to be a shotgun.

Technology that tracks the use of mobile phones further linked the three men to the scene.

Senior Crown Prosecutor Sara Drysdale from Mersey-Cheshire Crown Prosecution Service, said:

“Lewis Dunne was the innocent victim of a senseless and violent dispute between two street gangs in the north of Liverpool.

“This prosecution was the result of a long and painstaking operation by Merseyside Police and the Crown Prosecution Service and the search for the fourth man seen on the CCTV on that night will continue.

“The Crown Prosecution Service prosecuted this case as joint enterprise. We said that Culshaw and John and Paul Martin acted together with the same aim and that they were all guilty of Lewis’s murder.

“Some have said Lewis Dunne was in ‘the wrong place at the wrong time’ but Lewis had every right to be where he was on that night.

“It was Jake Culshaw and John and Paul Martin that were in the wrong place, lying in wait to exact a vicious revenge on a rival gang. But they shot and killed Lewis Dunne instead, leaving his family devastated. Our thoughts and condolences are with them at this very difficult time.”

Stefano Brizzi convicted of murdering Gordon Semple

A man who claimed the death of a man he met on social media site Grindr was accidental and the result of a sex game gone wrong has today been convicted of murder. Mr Semple went to the Southwark home of Stefano Brizzi, 50, on the afternoon of April 1 of this year. Later that evening Brizzi murdered him and then made efforts to dispose of his body. He has been convicted of one count of murder and had previously pleaded guilty to obstructing the coroner in the execution of his duty. Brizzi will be sentenced on 9 December.

Malcolm McHaffie, the deputy chief crown prosecutor for CPS London said: 

“Stefano Brizzi is an evil and calculating man who intentionally killed Gordon Semple and then made gruesome attempts to dispose of his body.  He cynically lied to the court and the jury claiming that Mr Semple’s tragic death was caused when a sex game went horribly wrong and that he had taken drugs which caused him to try to cover up the death. This was all fabricated by Brizzi to evade justice.

“In taking steps to fully understand Brizzi’s lifestyle, we scrutinised many thousands of social media messages. Piecing together the events of that evening was equally challenging, bearing in mind the extreme lengths that Brizzi went to to remove traces of his crime and cover his tracks. However, built on the foundation of a strong police investigation, and detailed toxicology and pathology evidence, we put a very strong case before the court and Brizzi has now been brought to justice for his terrible crimes.

“We hope that the outcome today provides some comfort to friends and family of Mr Semple.”

CPS response to the Daily Telegraph re honour-based violence

A version of this letter was published in the Daily Telegraph on Friday 11 November 2016

 

Sir, 

Your thinly sourced article [‘CPS afraid to tackle honour crimes’, 7 November], presents a wholly inaccurate picture. 

The CPS makes charging decisions in every instance without sway to political correctness or any other outside influence. Our role is to examine the evidence, decide whether it is sufficient to present to a jury, and then prosecute if it is in the public interest to do so.

We have devoted considerable effort to improving the prosecution of honour-based crimes, including the implementation of a new CPS Honour Based Violence and Forced Marriage Action Plan. Our experience, and that of stakeholders, has shown that it is often difficult for witnesses and complainants in these cases to support a prosecution from beginning to end. They are, understandably, often reluctant to criminalise their families, and can feel isolated. This is why it is so important to provide support all the way through a police investigation and prosecution. 

Despite these complexities we have seen our highest ever volumes of forced marriage referrals, charges and prosecutions. 

The specific case highlighted by Detective Sergeant Singh in your article was carefully considered and dealt with. The case simply could not have been brought due to both evidential and witness issues. Crucially, the evidence provided to us by the police did not support a charge of forced marriage and the trial could not go ahead without the complainant’s evidence. The CPS must and will not prosecute a case if it does not comply with the Code for Crown Prosecutors, regardless of the views of anyone – including a  police officer - or to “send a message to a community”.

Jenny Hopkins

Chief Crown Prosecutor and Violence Against Women and Girls (VaWG) Champion for the CPS

Teenagers sentenced to life imprisonment for Lincolnshire murders

A teenage girl and her boyfriend have today been sentenced to life imprisonment with a minimum term of 20 years for the murder of a woman and her daughter in Lincolnshire.

The girl and boy, who were both aged 14 at the time of the killing, were convicted of the murders of Elizabeth and 13-year-old Katie Edwards in Spalding in April 2016.

The boy pleaded guilty while the girl was found guilty by a jury at Nottingham Crown Court following a trial last month (Oct 2016).

The two made a plan to kill their victims as a result of a disagreement with Elizabeth Edwards. Having discussed it together, the boy told the girl he wanted to kill them both. She agreed and the two began to formulate their plan, which resulted in Elizabeth and Katie being killed in their beds.

Karen Thompson, Deputy Chief Crown Prosecutor at CPS East Midlands, said:

“This is one of the most distressing and disturbing cases that I have ever encountered.

“The CPS has from the outset been confident that the appropriate charge for both defendants was one of murder. We were not willing to accept any lesser charge based on the defendants’ mental health difficulties, so the case was rightly taken to trial.

“The male defendant accepted his guilt on the first day of trial. The other defendant maintained her not guilty plea but, after the jury heard all the medical evidence presented they concluded that any difficulties that she may have had did not prevent her forming an intent to kill. She was therefore convicted of the murder of both victims.

“Our deepest sympathies are now with the extended family and friends of Elizabeth and Katie Edwards as they attempt to come to terms with this horrific crime.”

Man charged with murder over the death of his father

Bipin Desai has been charged with murder, with assisted suicide in the alternative, in relation to the death of his father, Dhirajlal Desai. 

A CPS spokesperson said:

“After an assessment of the evidence provided to us by the police it has been decided that Bipin Desai should face one charge of murder, with assisted suicide in the alternative, in relation to the death of his father, Dhirajlil Desai, on 26 August 2015. He will also face two charges of theft. 

“Bipin Desai will next appear at Guildford Magistrates’ Court on 10 November 2016.

“This decision was taken in accordance with the Code for Crown Prosecutors and the DPP's guidelines on cases of encouraging or assisting suicide. 

“May I remind all concerned that criminal proceedings against Bipin Desai will now be commenced and of his 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.”

Notes

Details of charges:

One charge of murder – victim one year of age or older

One charge of Intentionally do an act capable of encouraging / assisting the suicide of another

Two charges of theft