Case Studies
Recently Prosecuted Cases
Mr Baldock 15 April 2008
A six month jail term hangs over a builder who
fraudulently claimed more than £25,000 in Housing and Council Tax
benefits despite earning almost £50,000 a year.
Ivan Baldock of The Forstall, Mersham,
Ashford, admitted four counts of benefit fraud last month after an
Ashford Borough Council investigation revealed an elaborate
five-year deception.
Baldock was sentenced to six months in prison
by Ashford magistrates on Tuesday 15 April but this was suspended
for two years with the provision that he carries out 250 hours of
unpaid work over the next 12 months and complies with a supervision
order. He has to pay Ashford Borough Council £600 costs and
repay all of the money fraudulently claimed.
If Baldock commits any further offence within
the next two years he will be back in front of the court and will
serve six months in custody along with the sentence passed for any
future offence.
In his claim for Council Tax and housing
benefits Baldock claimed he worked as a labourer for GSE Ltd
earning £12,688-a-year. But an investigation that started in May 07
revealed he was in fact an experienced site foreman earning
£48,360-a-year. In order to remain within the threshold of Council
Tax and housing benefit entitlement he had asked his employer to
divert nearly £700 of his salary to his son each week.
As well as making false statements about his
earnings and employment status Baldock consistently denied any
wrongdoing until presented with indisputable facts under
questioning.
Cllr Paul Bartlett, deputy leader of Ashford
Borough Council, said: “We have seen before that the courts have no
hesitation in sending people to jail for committing benefit fraud
on this scale and I think this individual can consider himself very
lucky not to be behind bars.
This is the biggest single case we have
secured a conviction against in terms of the money fraudulently
claimed and people have been jailed for lesser amounts. I think
most people will be shocked that this person was having his rent
and Council Tax paid by the public purse for five years despite
earning high wages.”
Mandy Smith and Joanne Wells 26
September 2008
Two people were prosecuted for benefit fraud
at Ashford Magistrates Court on Friday, 26th September,
2008, as the Your Money, Your Loss campaign, in association with
Your Ashford, contains to clamp down on benefits cheats.
Mandy Smith of Brenchley Close, Ashford, was
found guilty on three charges of fraud and given a two year
conditional discharge for dishonestly claiming more than £2,000 in
benefits.
In addition to costs, Ms Smith has also been
ordered to start a repayment plan.
Also last Friday Joanne Wells, of Clap Hill
Cottages in Aldington, was prosecuted on two charges of
fraudulently claiming benefits totalling £2,206.18.
As well as agreeing a repayment plan for the
benefits, Miss Wells was fined and ordered to pay costs.
Throughout the proceedings Magistrates
emphasised that benefit fraud is stealing from the taxpayer and it
will not be tolerated.
Councillor Paul Bartlett, deputy leader of
Ashford Borough Council, echoed these sentiments: “We must
continue to be vigilant and robust in our actions against people
who commit benefit fraud as they are effectively stealing from
every Council Tax payer in the Borough.
“Earlier this year we received a fantastic
response to our campaign to tackle benefit fraud, including backing
from the Prime Minister, and we are determined to continue to clamp
down on these offenders.”
Two other cases that were due to be heard were
withdrawn. One was adjourned to 24 October, 2008, and the
other was retracted by the Council to continue to work with the
offender to agree a caution and repayment plan.
Cllr Bartlett: “Whilst we are committed
to tackling this very serious issue, we do not take legal action
lightly and we try to work with most offenders to reach a
settlement before resorting to prosecution through the courts,
which can result in a criminal record, heavy fines and even a
prison term.
“Our message to would-be fraudsters has always
been very clear – you will eventually be caught.”
Lisa Willis 14 May 2009
An Ashford woman has been sentenced to 36
weeks in prison, suspended for two years after dishonestly claiming
over £24,000 in benefits that she was not entitled to.
Lisa Willis, 48, was paid £2,731 Council Tax
Benefit from Ashford Borough Council, £8,027 Income Support and
£13,829 from the Department of Work and Pensions (DWP) from 2003 to
2008.
Willis appeared before Maidstone Crown Court
on 13 May after previously pleading not guilty to all charges at
Magistrates Court. However at the start of the trial Willis changed
her plea to guilty. She was sentenced the following day.
The court heard that Willis, previously of
Fostall Green, Ashford failed to notify the authorities that she
had been living with John Roberts, her partner since 2003.
Over the next five years she made numerous declarations stating
that she did not have a partner and that she lived at the property
alone.
The Court heard that investigations, started
in 2006, showed Mr Roberts had given his address as that of the
defendant’s to organisations including Barclaycard, Barclays Bank
and the DVLA and had also updated his doctor’s records with her
address. Mr Roberts had also completed forms with employers
using words to describe his relationship with Willis as
‘girlfriend’, ‘live in partner’ and ‘common-law wife’.
Surveillance was also undertaken outside the
property which showed Willis kissing Mr Roberts goodbye in the
mornings and greeting him on his return to the property. This also
showed Mr Roberts in his boxer shorts putting rubbish in the
bin.
Mrs Willis attended an interview with Borough
Cuncil and DWP Officers and when shown the
evidence she admitted that Mr Roberts was living at the property
but claimed he was not her partner. She said Mr Roberts was
gay and the relationship was a cover up to enable him to fend off
challenges by family members.
Summing up Judge Statman said, “I have no
doubt in my mind that each offence meets the custody threshold. You
knew precisely what you were doing and you were very dishonest over
a substantial period of time. You have gained over £24,000 that you
were not entitled to and this means there is less available to be
paid out to those who genuinely need it. The aggravated features
are that this was a bad claim form the start, you came to court
yesterday and pleaded guilty at the doors of the court.”
In addition to the suspended jail sentence
Willis was also given an electronically monitored six month night
time curfew.
Ashford Borough Council deputy leader Paul
Bartlett said: “I think most honest, hard-working people will be
appalled by this case.
“The sentence gives a clear message to people
who defraud the system and in particular those who live together
with partners and fail to declare their true circumstances - we
will investigate these cases and they will be punished’.
If you think someone is getting Housing and Council Tax Benefit
they are not entitled to please Contact Us.
This webpage was updated on
8/6/2009