Cardiff Solicitor Spared Jail Over Fake Charity Invoices
A Cardiff solicitor who billed Cancer Research UK for work he never did has been given a suspended prison sentence. Michael Fogg, 47, of Cyncoed, was sentenced to 10 months in custody, suspended for two years, at Newport Crown Court on Friday.
The court heard the money the charity lost could have paid for 48 biopsies. Fogg pleaded guilty to fraud by false representation at an earlier hearing.
He was also ordered to complete a 24-day rehabilitation activity requirement and 120 hours of unpaid work. He no longer works as a solicitor.
How the scheme was exposed
Cancer Research UK has run a free will-writing service for 25 years. Solicitors on the scheme can charge the charity £120 plus VAT for an individual will and £170 plus VAT for mirror wills, which couples can take out so that their documents match.
Prosecutor Charles Archer said Fogg and his company, Trusting Willpower Ltd, joined the service in 2021. On 6 July 2023 the charity's legal partnership manager, Kelly Brooks, raised concerns about his work with counter-fraud manager Phil Sapey.
The charity sends thank-you cards to supporters who pledge more than £100 in their will. Alarm bells rang when 32 cards went to people Fogg said he had drafted wills for. Some replied that they had never had a will drawn up by him.
Fogg said he had received instructions to prepare the wills. Trusting Willpower Ltd invoiced the charity for £29,090. The charity paid £18,150 and held back the rest until it had an explanation.
Checks on the clients
Cancer Research UK sent 250 emails to people the company said it had written wills for. Fifty-eight could not be delivered. Nine people answered to say they had not used Fogg's services and did not live at the address given.
The charity then tried to contact more clients across 260 wills. Eight said they had used Fogg to write a will. Forty-one said they had not. A total of 172 clients had invalid phone numbers and 38 had invalid email addresses.
The matter was reported to the police and Fogg was arrested. In his police interview he denied defrauding the charity and answered "no comment" to questions.
Archer said the fraud was based on 40 invoices and came to £4,800. He described the behaviour as an "abuse of trust and responsibility" by a solicitor. Fogg was of previous good character, the court heard.
In a victim personal statement, Sapey said the charity received no benefit from the free will service. He said the false claims represented funds that would have gone towards curing cancer and supporting people diagnosed with the disease.
Defence barrister James Tucker said the charity's work should be "applauded" and that his client felt "deeply ashamed". He said Fogg was a family man and a parent with several health issues, including a brain injury, epilepsy, anxiety and depression.
Judge Carl Harrison told Fogg: "You had a position in the legal profession which allowed you to fund your greed."
Source: BBC News