Despite the fact that the person concerned here is perhaps a bit of a ******g, this story could be seen as slightly alarming in that there seems no reason why similar provisions couldn't be used against an ordinary Joe. (From TC Press release) Should we be worried?

Date: November 08, 2005 Time: 11:45

PROCEEDS OF CRIME ACT APPLIED IN LANDMARK TAX CREDIT FRAUD CASE

History was made when Bamidele Matanmi, 31, was sentenced to two years and three months imprisonment at Snaresbrook Crown Court for tax credit fraud. It was the first time that the Proceeds of Crime Act had been used in a Tax Credit fraud case, which was successfully brought by HM Revenue & Customs (HMRC).

Bamidele Matanmi hijacked and stole genuine identities to make bogus tax credit applications. He rented a desk within an estate agents office where he had access to the addresses of vacant properties, which he used for the false claims. Payments of £80,000 were paid into bank and building society accounts controlled by Matanmi.

When officers from HMRC and Leyton Police searched an address in East London they found a briefcase belonging to Matanmi containing 31 cheques books from 15 different banks, various Euro cheque books, 19 bank cards, six driving licences and a student identity card. Although each driving licence was in a different name, they all carried a photograph of Matanmi, who is a Nigerian national.

Recorder Mr. I. Paton said;

"You have pleaded guilty to nine counts of substantial and sustained dishonesty, depriving the public purse of £80,000. Your offences involved the hijacking of innocent person's identities and using them for your criminal gain. In the limited time you have been in the United Kingdom you have a dreadful and sustained record of dishonesty. After careful consideration I do not think that your presence here is conducive to the public good. Accordingly I recommend your deportation after your sentence is served."

Clare Wood, HM Revenue & Customs Investigator said:

"We are grateful for the co-operation of Leyton Police in bringing this criminal to justice. Tax credit fraud is not a victimless crime; it not only defrauds the Exchequer, it cheats the public of money and shows fraudsters have no respect for the community."

A confiscation hearing will be heard at a later date.

This case was successfully prosecuted by the Revenue & Customs Prosecutions Office (RCPO). RCPO is an independent prosecuting authority which reports to the Attorney General, and is responsible for the prosecution of all HMRC prosecution cases in England & Wales.

Notes for editors

1. The Proceeds of Crime Act received Royal Assent on 24 July 2002. The provisions relating to seizure, detention and forfeiture of cash came into effect on 30 December 2002. The Act superseded the existing powers to seize drugs related cash at the borders and extended the provisions to allow cash suspected to be related to ANY crime to be seized both at the border and inland. Furthermore, an amalgamation of other legislation in force at the time removed the distinction between drugs and non-drugs money laundering offences.

2. Bamidele Matanmi, date of birth 15 January 1974. Born Lagos, Nigeria. Address: 27 The Cedars, Buckhurst Hill, Essex IGS 5TS. Married with two children.

3. Matanmi pleaded guilty to nine counts of acquiring criminal property contrary to section 329 (I) of the Proceeds of Crime Act 2002. He was sentenced on 4 November at Snaresbrook Crown Court.

4. Aliases used by Matanmi included

* Albert Jacob Walker
* Patrick Williams
* Frederick Sophie- Fulbert
* Anthony Ben Thomas
* Terence Rufus Sharpe
* James Omisola
* Omisola Bamidele

5. The Revenue & Customs Prosecutions Office (RCPO) was created by Royal Assent on 7 April 2005. An independent prosecuting authority, RCPO reports directly to the Attorney General, and is responsible for prosecuting some of the largest drug and fraud cases in the UK.

Issued by HM Revenue & Customs Media Relations Team

Website www.hmrc.gov.uk

Clare Wood, HM Revenue & Customs Investigator said:

"We are grateful for the co-operation of Leyton Police in bringing this criminal to justice. Tax credit fraud is not a victimless crime; it not only defrauds the Exchequer, it cheats the public of money and shows fraudsters have no respect for the community."

Does that mean Gordon Brown, by moving the goalposts on his 5 economic indicators is 'cookin' da books' and thus has no respect for the community!

There was a post on the Fraud Ads thread from someone in an HB office mentioning a case of HB fraud where POCA was being used against someone convicted of fraud.

I doubt we'll see it being used against the claimant who's taken a small part-time job to supplement their benefit, but I think it can clearly be used (and frankly should be used) against the bigger, more organised type of benefit fraud like the guy in Andy's post.

Yep!

Its just this type of organised crime that gives any government an excuse to cast its net wide and catch all the little fish. I've seen too many of the little fish bullied and intimidated by 'little Hitlers' in local DWP offices and LA's, who think that they have carte blanche from the government' propaganda machine to see fraud everywhere and thus act accordingly.

I had one client who for the want of £1,000 overpaid CTB (he genuinely thought disclosure of his IDB some years ago was still effective) attempted suicide after being invited for an IUC and told by the admin' officer that he was the one who decided whether to prosecute. Talk about overstepping your authority.

The government should reign back its propaganda machine and have a 'quiet word' with some of these local officials and concentrate on the sharks and big fish as Keith rightly acknowledges.