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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice
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I have made a huge mistake. I have invented a person who doesnt

Customer Question

I have made a huge mistake. I have invented a person who doesn't exist and somehow got them to pass a credit check. I have ordered £3000 worth of handsets from a major telecoms company by putting them onto an expensive contract and I am really regretting my decision. Please help me. I have never been in any trouble with the cops before and I am terrified, I have no idea why I have been so stupid and I am worried that I am going to jail. I actually work for the company that I have ordered the handsets from.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.
What will happen to me if I am caught?
Customer: replied 2 years ago.
Relist: Other.
No answer given
Expert:  Jo C. replied 2 years ago.
Are you paying for them under the fictitious name?
Customer: replied 2 years ago.
No, just in my own name
Expert:  Jo C. replied 2 years ago.
So they are being paid?
Customer: replied 2 years ago.
They will be yes. The first bill hasn't been generated yet
Expert:  Jo C. replied 2 years ago.
What was the point of doing this?
How were you advantaged?
Customer: replied 2 years ago.
I have arranged for the invoice to go to an unused building and I was planning on selling handsets because I am hard for cash right now, but I am so scared of being caught and going to jail that I have decided to just
Pay it myself
Expert:  Jo C. replied 2 years ago.
I see. So there was a fraud at least at that point but you have decided to abandon it ?
Obviously the facts do give rise to the inference that you intended to defraud the company. The fact that you will repay it does not remove that fact in principle. If you do repay it though then it might be hard for the Crown to prove dishonesty and also there isn't really a public interest in prosecuting.
However, proceeding on the basis that the worst does happen, this is a fraud upon employer which is usually aggravating factor because of the breach of trust. Its a fairly sophisticated and premeditated offence and, in addition to that, its a sum of money that is not minor. There is no way around the aggravation.
I have seen cases where people received police cautions for very high sums but you cannot rely on that. Probably CPS would take the view that it should be charged.
At court its too serious for a fine or a conditional discharge. It probably does cross the custodial threshold but on a first offence the Court would probably suspend it or impose a heavy unpaid work order.
Sorry if thats bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thanks. Is it still fraud if I say that I always intended to repay it? Basically that the company actually makes a profit based on what I have done?
Expert:  Jo C. replied 2 years ago.
No, but they will say that you didn't intend to repay it.

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