'Greedy' solicitor used fake will-writing invoices to defraud cancer charity out of thousands

Published4 hours ago

A solicitor defrauded a cancer charity out of thousands of pounds after submitting fake invoices for work he had not carried out, a court heard.

Michael Fogg, 47, of Cyncoed, Cardiff, offered his services to Cancer Research UK's free will writing scheme, but when the charity contacted people he claimed to represent, they said they had not used the solicitor.

The hearing was told the money it lost as a result of Fogg's actions could have paid for 48 biopsies.

He was sentenced to 10 months' imprisonment, suspended for two years in a hearing at Newport Crown Court on Friday.

An investigation was launched by Cancer Research UK after emails and addresses for Fogg's clients were found to be non-existent.

Judge Carl Harrison said: "You had a position in the legal profession which allowed you to fund your greed."

Fogg paid £18,000 by charity

The court heard that Cancer Research UK has been operating its scheme for 25 years, providing people with access to a free will writing service.

Solicitors employed through the scheme can charge the charity £120 plus VAT for an individual will and £170 plus VAT for mirror wills, which are wills which mirror each other which can be taken out by couples.

Prosecutor Charles Archer said Fogg and his company Trusting Willpower Ltd joined the free will service in 2021.

On 6 July 2023, Cancer Research UK legal partnership manager Kelly Brooks raised concerns to counter-fraud manager Phil Sapey about the defendant's services.

The charity provides thank you cards to members who pledge more than £100 to Cancer Research UK in their will, but alarm bells rang when 32 cards were sent out to individuals that Fogg said he had drafted wills for.

Some of the people who received cards responded to say they had not had wills drafted by Fogg.

The defendant was asked for an explanation and he said he had received instructions to prepare wills on behalf of the individuals referred to.

Trusting Willpower Ltd invoiced Cancer Research UK for £29,090. The charity had paid £18,150 to the company but withheld the rest of the payments until clarification had been received.

Cancer Research UK sent 250 emails to individuals which Trusting Willpower Ltd claimed they had written wills for, but 58 of the emails were undeliverable, suggesting they were invalid.

Nine people responded saying they had not used Fogg's services, and were not living at the address provided.

After further investigations, the charity attempted to contact more clients in respect of 260 wills.

Eight people responded saying they had used the defendant's services to write a will, but 41 said they had not used his services.

The court heard 172 clients were found to have invalid phone numbers and 38 people 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 total fraud was based on 40 invoices and amounted to £4,800.

'Deeply ashamed'

The prosecutor said the defendant's behaviour amounted to an "abuse of trust and responsibility" as a solicitor.

The court heard that Fogg was of previous good character.

In a victim personal statement, Sapey said Cancer Research UK received no benefit from the free will service and the false claims made by Fogg represented funds that would have been used towards curing cancer and providing support to people diagnosed with the disease.

In mitigation, James Tucker said the Cancer Research UK's work should be "applauded" and his client felt "deeply ashamed" of his behaviour.

The barrister said the defendant was a family man and a parent, with a number of health issues including a brain injury, epilepsy, anxiety and depression.

The defendant no longer works as a solicitor.

Fogg, who pleaded guilty to fraud by false representation at an earlier hearing, was also ordered to carry out a 24-day rehabilitation activity requirement and 120 hours unpaid work.

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