tabs666
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Everything posted by tabs666
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By the way, digital recordings can be used now, but a sealed master copy is still produced in the interview. I honestly don't know what the original posters problem is.....if you are that bothered, just don't attend the interview. I'm an investigator, and ALWAYS comply with PACE codes of practice because if I don't I've wasted my time.
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Remember, if you bring it to their attention rather than wait for it to be discovered then it is less likely to be treated as fraudulent.
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Hi did you declare these pensions on your claim forms and on any subsequent review forms? There is a specific question and a catch all of "do you have any other income?" As an investigator, if you have answered those questions "no" and I can prove "yes", then you are in trouble. My argument would be, if you thought the pension didn't matter and wouldn't affect your benefit, why didn't you declare it? Investigators aren't monsters, usually, so the IUC whilst stressful is really just a conversation. Take someone, anyone calm and sensible with you for moral support if you feel the need, but they will not be allowed to speak for you.
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a bit long winded *sorry* benefit fraud sentencing
tabs666 replied to worriedtodeath's topic in Benefits and HMRC
DWP benefits such as JSA, ESA Income Support etc are rarely if ever affected by underlying entitlement, and the DWP are not under any obligation to take it into account anyway. Local Authorities however. do take it into account, and should have already done so before producing an overpayment figure with which to proceed to court. We would here anyway! We still should remember that she is the mother of young children, and she is unlikely to go to prison. Mitigation, mitigation mitigation!!!! -
a bit long winded *sorry* benefit fraud sentencing
tabs666 replied to worriedtodeath's topic in Benefits and HMRC
Get a good solicitor, plead guilty at the earliest opportunity to receive the maximum reduction in sentence and get the solicitor to pile in a lot of mitigation. In my experience as a Fraud Investigator courts are extremely reluctant to give custodial sentences to mothers of young children if they have pleaded guilty and cooperated, so much so that I have never had anyone in that situation spend so much as an hour in custody! -
Worrying About Alleged Housing Benefit Fraud Court Appearance
tabs666 replied to ScottishWorrier's topic in Benefits and HMRC
That doesn't seem much evidence. Thats the trouble with no commenting at an interview, if you don't enter in to a discussion you don't find out what they've got to provide explanations and a counter argument. I am a fraud investigator for a local authority and would definately need a lot more evidence than this to get a case approved for prosecution. You need to get your solicitor to work!! Sorry, I have never had anyone in your situation so I can't answer what you should do about returning home, and my experience is in England not Scotland. -
Worrying About Alleged Housing Benefit Fraud Court Appearance
tabs666 replied to ScottishWorrier's topic in Benefits and HMRC
To have had the case progressed to this stage they obviously have strong evidence, such as financial links to suggest interdependency. What evidence did they show you at IUC? Your solicitor will have been made aware of the evidence against you by now anyway, so I fear you aren't telling us everything? -
Re the original question...the Court process is in the public domain. The newspapers decide which cases to publish, not the prosecuting authority. As a Fraud Investigator I hear all the time that the only punishment people fear is getting their name in the papers, so I must admit I actively encourage our local rag to attend some days when I've got cases in court. I might even issue a press release, but I can't decidde if it's published or not. It's part of the Justice system, anyone can turn up and view the workings of a court, including the press.
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Gov plans to use Experian to deal with benefit fraud/overpayments
tabs666 replied to MARTIN3030's topic in Benefits and HMRC
Not where I work, I've never investigated a foreign national, immigrant, economic migrant or anyone for whom English is not their first language. That is just xenophobia. -
Had Benefit Fraud Interview Under Caution - What Now?
tabs666 replied to 0405453a's topic in Benefits and HMRC
Just a few things. I'm an investigator, and I would never say you don't need or shouldn't bother with Legal Advice for an IUC. However, I am certainly not going to encourage you to get it...why would I? At IUC, part of my introduction specifically states you are entitled to legal representation, then I ask why you don't want it and explain that I will stop if you decide you do, can't get plainer than that? We are allowed to obtain confidential information, including bank statements, as long as it is proportionate and necessary to the investigation. Facebook, Bebo and twitter are legitimate areas for us to gather info, but it is not particular useful as actual evidence. But it is very useful as an indication of whether your allegation is true or not.....if you are supposed to be single and on benefits, you do not post about the partner who lives with you!! If you do, it is publicly available, and you should not be surprised to be faced with it at an IUC. As for Freedom of Information requests, as an investigator I wouldn't deal with it myself. It would be dealt with by a solicitor (in our LA anyway), who would decide if it was a lawful request or if any exemptions apply, which in a criminal investigation like fraud they probably would. Oh....and there is no 3 night stayover rule!!!!! -
Definately a criminal offence if convicted, we register the convictions on the Police National Computer also.
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Shazmojo yes of course you can write a letter, it can do no harm at all. I always tell people after an IUC that if anything comes to mind afterwards, or they remember that they have documentation, proof of anything that might help support their argument they should send them in. The investigator is duty bound to follow all reasonable lines of enquiry either to prove or disprove an allegation.
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Hi, I'm a Fraud Investigator, and the mythical 3 night rule does not exist !!!! If only it were that simple.
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What evidence do they have? What did they show you at your IUC? You need to think what you can produce to counter their evidence.
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She might have your bank statements already, or might wait until after your IUC to confirm what you tell her. You need to ask yourself how it will look if you don't mention receiving £600 per month when your claim is based solely on benefits. Will you look honest? There are a lot of changes you haven't declared, so legal advice definitely called for.
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Benefit Fraud Interview Under Caution - worried sick
tabs666 replied to Damsel-in-Distress's topic in Benefits and HMRC
I always explain that the interview is being taped for everyone concerneds benefit. If it's taped, then a true and complete record of everything thats said is available. This way the person I am interviewing is not relying on my interpretation,nor can there be any omissions or additions. Object to the interview, refuse it if necessary, but it makes no sense at all to go and refuse to be taped. Typing up a taped interview takes hours, imagine writing it as you go along? -
Failure to attend Interview Under Caution.
tabs666 replied to davelee1097's topic in Benefits and HMRC
A caution can only be offered if the person gives a full and frank admission - hard to do if not interviewed -
Benefit Fraud Interview Under Caution - worried sick
tabs666 replied to Damsel-in-Distress's topic in Benefits and HMRC
Well, we are understaffed, but things level out: If we had more people, we'd do more investigations. But on the whole I love my job and take the frustrations on the chin (s). -
Benefit Fraud Interview Under Caution - worried sick
tabs666 replied to Damsel-in-Distress's topic in Benefits and HMRC
No worries mate. Also, criminal solicitors are great at their jobs. However, they often haven't got a clue how the benefit system works. They will ensure PACE is adhered to etc, but it is often not their area of expertise. An interviews on tape for everyones benefit, it means that everything said is available verbatim. -
Benefit Fraud Interview Under Caution - worried sick
tabs666 replied to Damsel-in-Distress's topic in Benefits and HMRC
" i SPOKE TO THE CRIMMINAL SOLICITOR. She told me that they can not get into my bank account and could not go to immagration. I have not been out of this country in five years. " quote by misskrumbo This is categorically not true. As an investigator I can have access to both of these things as long as I can justify the intrusion. I also personally welcome a solicitor in an IUC, as they can often advise the interviewee to be sensible if they are guilty and my evidence is overwhelming. If the interviewee has a compelling story or my evidence is weak or I have misinterpreted it they are useful in helping things get sorted. Contrary to popular belief, I want the right outcome: I have no vested interest in getting a result by trickery or underhand means. Evidence is everything. -
[ It really bugs me that the council bods chase people who have fought for Queen and country harder than they chase people who have never worked in their life. I agree completely with Bazooka Boo's comments about young people with multiple parented offspring... Just not true...investigators I know give all cases the same attention. We investigate whatever comes onto the desk next.
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As another (current) Fraud Investigator, I'm backing up Jabba. I've done plenty obs on my own. RIPA actually deters and prevents unnecessary surveillance, in spite of what the press thinks.
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Benefit Fraud Interview Under Caution - worried sick
tabs666 replied to Damsel-in-Distress's topic in Benefits and HMRC
By the way.....an administrative Penalty is 30% of the overpayment, not 20 as previously quoted. It is not negotiable. I know....I'm one of Misskrumpos favourite people..a fraud investigator!!
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