Caught for Fraud and arrested yesterday

[debbieb1980]

No excuses as I was caught red handed doing something I really should not have been doing.

I have been wrongly claiming whilst working due to a lot of money issues and now need to face the consequences of my actions.

My recent past caught up with me late yesterday evening when I was arrested at my workplace just before finishing my shift, I then had to go to the police station and have been in there til an hour or so ago.

Scared I will now end up in prison though if I do I know it is self inflicted, looking for any advice.

Janey - I think OP has already been interviewed under caution and lied at that interview. Hence now moving to prosecution

Were you ever entitled to make the claim, did circumstances change but you not notify dwp?

Thanks for the response VQ1970

Like yourself I was arrested and processed then kept in a cell til about 7:30 this morning. Not on bail however though I have been informed I will be contacted with regards to a court date which I am unsure as yet when this will be.

Yes I was entitled to make the claim at one point though circumstances have changed over the years.

I failed to inform anyone though.

You don't have to say on here, but maybe make a list of all the things which cause you to be in financial distress.
If you've had several large and unexpected bills for thing a which weren't your fault (like burst pipes, fridge broken down etc) then it explains why you've maybe felt "I will just leave the claim for a few months" and then kept doing it.
If you've just been irresponsible with money and spending more than you earn when you could have lived on a budget like everyone else, then that won't help but if there are really big reasons for you struggling financially then get them all written down ready for your solicitor to see.

You've had harsh treatment so far, disproportionate to violent criminals

She hasn't really. She wasn't from what she's said detained overnight for court. She only spent the night in custody due to the time of day she was arrested and the length of time it takes to process/interview etc. If she'd been arrested at 8am she'd have been home later that day.

It wont be the Police who've been doing the surveillance it'll be the DWP who've done that and passed their findings to the Police

Your charges are serious because you have compounded the fraud by lying in the interview with the DWP and then continuing to work. Please make sure you tell your solicitor everything, in detail, it's the best way to help them help you.

Yes I cocked up big time I know, and thanks.

When I went to work yesterday I was not prepared for what lay ahead that night, probably the longest night I have ever experienced.

Unfortunately I doubt you'll get a custodial sentence.

Your 13yo DD will be your 'get out of jail' card here.

When they presented the evidence at the interview under caution, how did you manage to deny it, while continuing to work?

Sometimes I think I can be harsh and judgmental, then I see some of the utter twats on MN and realise I am actually lovely

There is now a presumption against short sentences in Scotland (sentences under 12 months don't end up in prison) so you're likely to have to do community service or the like. Hopefully your solicitor will explain this all to you.

The evidence of the photographs I mentioned earlier were not presented to me at the time, only last night.

Advice to anyone who is arrested, for any reason:

ALWAYS get the duty solicitor. It is free, you are entitled to it, and it is much better to have someone on your side in the interview room.

Redglitter I think it is harsh. Even if you're under suspicion of harassment or personal fraud, you'd be given an appointment to go in for an interview in most cases these days. Not be swooped on and arrested at the workplace. Again, have no idea about procedures in Scotland though.

OP - appreciate you're in Scotland rather than England & Wales - but you might find this helpful, I would think you are Medium Culpability.

www.benefit-fraud.co.uk/benefit-fraud-sentencing.php

Benefit Fraud Sentencing Guidelines

The sentencing guidelines below are based on a first time offender being found guilty after trial. Credit will be given for a guilty please which will have the effect of reducing the sentence by up to a third, if the plea is entered at the earliest possible occasion. However any sentence will be decided upon by reference to the specific circumstances of each case.

In order to determine a possible sentence you must first assess which culpability bracket the offence falls under using the table below.

Offence Category

A - High Culpability

B - Medium Culpability

C - Lesser Culpability

A. HIGH CULPABILITY

• A leading role where offending is part of a group activity
• Involvement of others through pressure/influence
• Abuse of position of power or trust or responsibility
• Sophisticated nature of offence/significant planning

B. MEDIUM CULPABILITY

• Other cases where characteristics for categories A or C are not present
• Claim not fraudulent from the outset
• A significant role where offending is part of a group activity

C. LESSER CULPABILITY

• Involved through coercion, intimidation or exploitation
• Performed limited function under direction

The evidence of the photographs I mentioned earlier were not presented to me at the time, only last night

So what evidence did they produce at the interview under caution?

No people tend to be arrested when it suits the Police not the offender. Oddly enough if people ate about to be charged with offences they're not always keen to make appointments particularly if they've already lied when confronted about the crime. The OP however would have been in custody for the same length of time even if she had made an appointment. It would have made no difference. 2 plain clothes officers turning up at her work at the end of her shift is hardly 'swooping'

Shelly why do you really want her to be punished?

Sentencing guidelines are different for whether it's a FALSE representation or a DISHONEST representation and the amount.

I guess you would be Category 4:

Category 4
£10,000 or more and less than £50,000
Starting point based on: £30,000

where you're looking at community service or custodial sentence

starting point: 36 weeks' custody
category range: Medium level community order - 21 months' custody

OP - not sure how helpful or otherwise the above is, esp as it's English stuff. But thought parameters / English guidelines might at least show you how it works south of the border

Are you able to pay any of it back? It's a lot of money.

Redglitter yes, being 'invited' for an interview usually does suit the police, for several reasons. I don't want to derail the thread so I'll respectfully disagree.

Before deciding on whether a custodial sentence is appropriate various considerations will be made:

Number of years the fraud continued for
Number of dependents
Reasons for fraud (some evidence of serious debt or poverty would be useful)
Any other dependents such as elderly parents or vulnerable children
pleading guilty at first opportunity
genuine misunderstanding (dont try this one if it isn't true)
Previous convictions
Previous good character
Efforts to pay back the loss

The guidelines are just guidelines

Please don't panic op, remember most courts are trying to keep people out of prison.