Sentencing guidelines for exaggerated work expense claims

[Timetogo]

I had earlier posted a thread on the employment law section to understand my position from an employment law perspective but given that charges may be pressed and I might be sentenced, I thought I might get some help here on the likely sentence.

I think it is worth mentioning that I have no previous convictions.

This is the thread I had posted earlier.
"
I have been really stupid and would really appreciate some help and guidance.

Last week, my expense claim was queried by the expenses team via my boss who spoke to me about it. In addition to genuine claims, I had made claimed for expenses that I should not have claimed for.

Background

Around 18 months ago (Christmas 2013), my personal life started falling apart - everything that could have gone wrong, went wrong - my mother who I am really close to was seriously unwell, I split up with my long term gf (6 years), basically my personal life fell apart. It was widely known in the department that my personal life was in turmoil, my boss and their boss were also aware.

As a result, my mental health started suffering and I took to serious drinking and subsequently developed a gambling addiction. As a result of my twin addictions, I started raking up serious amounts of debt. To keep my head above water and to try to snap out of the spiral, I started exaggerating my expense claims. I persistently claimed for train fares that I either didn't take or took for personal trips. In the period that I started making these claims, I stopped submitting receipts and documentary evidence (for both genuine and exaggerated claims).

Last week, when my most recent claim was queried I immediately confessed to making exaggerated claims. It has been a real relief as I don't have to live a lie any more and potentially put an end to the spiral. As such, have been open about all the other claims that have been made in the last 18 months. The exaggerated claims amount to c£20k. I have offered to pay back the amount

The firm is investigating the exaggerated claims and I have been suspended pending the outcome of the investigation.

Organisation, work history and expenses policy

I work for a large professional services organisation and I have been working here for the seven years and belong to professional institutes. I was regarded as a high flier and have had a clean disciplinary record. I have a three month notice period.

The expenses policy is pretty detailed, key points summarised below:

• Breach of the policy is potentially a disciplinary offence which could lead to a written warning or dismissal;
• Firm may be required to report breaches of the policy to its regulators and other relevant authorities and that this could lead to an external investigation and disciplinary consequences. In addition, certain breaches of the policy may amount to a criminal offence in which case the Firm will involve the police;
• Firm will take all steps to recover any amounts falsely claimed;
• Must not claim expenses for costs that are incurred but that are not directly related to the performance of work responsibilities;
• All claims must be supported by appropriate documentary evidence; and
• Where a claim is submitted without relevant supporting documents, the claim will be investigated and escalated where necessary.

Questions

• I am clearly in breach of the expenses policy and it is a disciplinary offence. However, are there any mitigating factors (my mental health, addiction issues, my confession about the claim and other claims, my open and collaborative stance) which may prevent me from being dismissed for gross misconduct?
• Is this likely to be reported to the Police and if so, how likely am I to face prosecution? Would the CPS consider the mitigating factors? If I am prosecuted, does anyone have any indication of what the punishment is likely to be?
• Given I did not submit any receipts, does that mean that I have not made any attempts to conceal the exaggerated claims?
• Should the fact that I haven't been submitting receipts been picked up by the Firm?
• I have been told that if I am dismissed for gross misconduct then this would be noted on my references, can they do this? Additionally, does resigning before the investigation is completed make any difference? I offered my resignation immediately when the claims were queried but my boss has said that it is likely to be rejected.

I do apologise that I have posted a detailed post and have asked a lot of questions but given the severity of the (self inflicted) situation I feel I have no choice.

Thanks for all your help,

TTG

"

Thanks a million for all your help,

TTG

[jon1965]

Re: Sentencing guidelines for exaggerated work expense claims

Ok
So at this point you have no idea if you are to be arrested or not is that right?
If you find out you are going to be arrested do some research on a good firm of solicitors and contact them
If you are arrested do not talk to the police until the duty solicitor arrives. It may well be worth making the police aware of mental health issues such as anxiety
If you are charged the solicitor will do everything needed for your defence so be absolutely open with them about any challenges you have, for example addiction-be it drugs, gambling, alcohol.

The fact there were lapses in the companies procedures will not make a lot of difference I am afraid

I do not want to worry you but if it does go to court (and it may not who knows) it is likely to be sent to the Crown Court and is also likely to be a long drawn out affair

The key points in mitigation will be , pleading guilty (automatically reduces sentence ) what punishment you already have faced, what you did with the money , what pushed you over the edge so to speak

No one who is worth it on here will judge you and you are brave to put it up here, I do know what you are going through, trust me on that .
It may sound cynical but if you have an addiction problem start getting help for it now, if you want to PM me I am sure no one will mind

You asked about punishment , well that depends on so many things , starting with what you are charged with so I really would not like to speculate .

[Kati]

Re: Sentencing guidelines for exaggerated work expense claims

other thread for reference - http://www.legalbeagles.info/forums/...expense-claims

[nemesis45]

Re: Sentencing guidelines for exaggerated work expense claims

I think your undoubted courage in " coming clean" on this with your employer will count greatly in your favour.

Your health and the mental stress and your confessed addictions I'm sure will be taken into account whatever action if any it taken.
Has your employer mentioned/implied that legal action of any sort is likely?

I would suggest that if you were accused/charged of Fraud and False Accounting as a first offence and with meaningful points of mitigation it's likely a suspended sentence with conditions e.g. repayments to the employer if that is possible.

Reference have to be honest and accurate so if gross misconduct is the finding and reason for dismissal it's likely to be disclosed.

nem

[jon1965]

Re: Sentencing guidelines for exaggerated work expense claims

I have noticed on the other thread you are saying that the amount of £20K is an exageration, it is important, if you can to work out the actual figure because sentencing goes in bands , one range is 0-17.5 the next is 17.5-100K so if you can work it down to near that it may be something that the solicitor can use to bargain with if the worst comes to the worst.

As for sentencing I really wouldn't like to say , that would be your solicitors opinion but I do know of someone convicted of 50K of benefit fraud and got a suspended sentence. The triggers that you had will count for a lot.

I really do think that you need to be prepared for the worst job wise . I do wish you well and I have PM'd you

[Timetogo]

Re: Sentencing guidelines for exaggerated work expense claims

Thanks Jon, Nem.

Reading the message on the go so just thought I would say thanks. Will write back in detail later tonight.

Jon - I can't seem to be able to reply to your PM. I get the following error message "jon1965 has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her."

[jon1965]

Re: Sentencing guidelines for exaggerated work expense claims

I am sorry but I can not receive pms at the moment. Maybe you could pm amethyst and ask for my email address.