A Cardiff solicitor who defrauded Cancer Research UK (CRUK) by submitting false claims for will-writing services has been sentenced.
CRUK operates a free will-writing service that allows people to have a simple or mirror will drafted through a participating solicitor or legal service provider.
In December 2021, Michael Fogg, 47, from Cyncoed, joined the service as the sole solicitor at Trusting Willpower Limited.
An investigation discovered that Fogg had repeatedly claimed he had prepared wills on behalf of CRUK and received payment from it for work that had not been carried out.
On 29 June, he pleaded guilty to fraud by false representation.
Last Friday, he was sentenced at Newport Crown Court to 10 months in prison, suspended for two years, a two-year probation order and 120 hours of unpaid work.
Tarian, the Regional Organised Crime Unit (ROCU) for southern Wales, which conducted the investigation, told Civil Society that Fogg was sentenced for one count of fraud for 40 invoices totalling £4,800.
He had been charged with four counts of fraud by false representation in total after submitting invoices to CRUK worth £25,560.
“The other three counts will stay on his file, but he didn’t receive a sentence for these,” the spokesperson said.
Over £17,500 paid out
When an individual uses CRUK’s free will-writing service and donates £100 or more, the charity sends them a thank-you card.
Tarian ROCU said the fraud came to light when three recipients contacted CRUK to say they had never instructed a will to be drafted.
When challenged, Fogg maintained that he had received instructions and completed the work on behalf of the charity.
Concerns were referred to CRUK’s counter fraud team, and in July 2023, the matter was reported to Report Fraud (formerly Action Fraud). An investigation was subsequently allocated to Tarian ROCU.
Tarian ROCU found that in total, the charity issued 32 thank-you cards to people for whom Fogg had claimed to have prepared wills.
A spokesperson for CRUK told Civil Society that Fogg submitted 260 separate invoices for the same number of wills, with each ranging from £120 to £170.
“The majority of invoices were fraudulent and CRUK paid out £17,570,” they said.
“The charity only paid out the £17,570 figure and no more than that once we had become aware the invoices were false.”
Tarian ROCU said that of the 260 invoices, 213 were fraudulent. It said 41 people confirmed they had never made a will, and a further 172 were uncontactable due to invalid contact details.
CRUK ‘reviewed and tightened’ controls
A CRUK spokesperson said: “As soon as we became aware of the suspected fraud, we contacted the authorities.
“We’d like to thank South Wales Police for its co-operation and diligence in investigating this case.
“We’ve since reviewed and tightened our controls to reduce the likelihood that this will happen again.
“The charity’s life-saving research depends on the generosity of the public. When that faith is fractured it’s distressing for all involved, though fortunately, such cases are rare.”
Detective constable Thomas Connick of Tarian ROCU said: “As a solicitor, Fogg was entrusted to act with honesty, integrity and professionalism.
“Instead, he abused that position of trust by submitting false claims and receiving payment for work that had never been carried out.
“This was a deliberate fraud committed for personal financial gain, with the victim being a charity that relies on public generosity and donations to fund vital cancer research.
“I’d like to thank CRUK for their support throughout this investigation. Their diligence in identifying concerns and reporting them ensured that this offending was uncovered.”
