Civil servant jailed for claiming dead man's expenses

23 Jul 10

Civil servant Andre Malu has been sentenced to two years’ imprisonment for defrauding his employers, the Department of Health and (later) the Ministry of Justice after stealing more than £137,000.

By Brian Sims

The sentencing of 40-year-old Malu (of Upper Tollington Park, Finsbury Park in London) at Southwark Crown Court follows an investigation by the Economic and Specialist Crime Directorate of the Metropolitan Police, supported by the NHS Counter Fraud Service (NHS CFS) as well as Ministry of Justice investigators.

Over £30,000 of the money stolen was taken illegally when Malu was working for the Department of Health. In Court, he pleaded guilty to theft and money laundering offences.

After taking an accountancy degree, Malu had been appointed as a payroll administrator at the Department of Health and was placed in charge of expenses claims for various members of Mental Health Review Tribunals.

Unfortunately, he abused this trusted position to steal public money and send it to bank accounts that had been set up using false identity documents.

Continued generation of fraudulent payments

After the responsibility for administering these tribunals was transferred to the Ministry of Justice in 2006, Malu kept his post and continued to generate fraudulent payments.

His dishonesty only came to light when it was discovered that expenses had been claimed for a man who had died several years earlier.

Malu defrauded a total of £137, 285.80 between 1 July 2005 and 1 March 2008 through numerous bogus payments, which were generated after genuine recipients’ bank details had been altered on his employers’ computer systems.

In summing up, Recorder Carr noted that it was a sophisticated and long-running fraud.

Speaking about the conviction, Mick Hayes (operational fraud manager within the NHS CFS’ Operational Support Team) said: “This is a good example of the convictions that are achieved through our close working with the police and investigators in Government departments. All suspicions of fraud against the Department of Health should be reported to the NHS Counter Fraud Service. Wherever appropriate, we will thoroughly investigate, press for prosecution and push for the strongest sanctions.”

Malu pleaded guilty to two counts of theft contrary to the Theft Act 1968 and two counts of concealment of criminal property, the latter contrary to the Proceeds of Crime Act 2002 (the money laundering charge).

Stolen UK passport used to defraud £210,000 from NHS

Meanwhile, an NHS worker who stole another woman’s identity to obtain jobs at the West London Mental Health Trust (WLMHT), and to train as a nurse, has been imprisoned for eight months after defrauding the NHS of £210,000.

The conviction at Isleworth Crown Court follows another investigation conducted by the NHS CFS.

50-year-old Charlotte Abena Larbi (her real name), who lived at West London YMCA on Borders Road in Hanwell pleaded guilty to possession of a stolen UK passport and obtaining a pecuniary advantage.

During the investigation she was detained under the Immigration Act by the UK Border Agency.

Larbi was exposed when the rightful owner of the stolen passport alerted the NHS Counter Fraud Service in November 2009 that her identity was being used at WLMHT.

The passport she had applied for by post in 2000 never reached her, and she had immediately alerted the authorities. Her photo was later replaced by an expert forger with Larbi’s.

Use of stolen document and name

In January 2002, Larbi successfully applied to be registered on WLMHT’s bank for temporary staff as a healthcare worker, using both the stolen document and name.

She was required, as is usual, to provide proof of her eligibility to work in the UK. As she had (illegally) overstayed her time in the UK, and should have returned to Ghana, Larbi presented a copy of the stolen UK passport rather than reveal her true identity. In June 2003, she successfully applied for a permanent position as a healthcare worker at the same Trust.

Now a full-time member of staff, she was entitled to apply for a seconded scholarship to train as a nurse while receiving full pay (when not required at university secondees continue performing their usual jobs).

Larbi successfully applied to Thames Valley University for training in July 2003, using the same passport and a forged UK birth certificate stating she was born in ‘Lutterworth, Surrey’ (no such place exists in Surrey). Required to provide proof of education, she produced education certificates showing schooling in Ghana.

As she neared the end of her training, Larbi successfully applied (in June 2006) to become a staff nurse on the ward where she had served as a healthcare worker.

Again, she produced the stolen and altered UK passport. She held the position from November 2006 until her arrest at work on 11 May this year.

Her pay went into a bank account bearing her real name. When her home was searched a variety of documents were found including a forged National Insurance card.

Almost all of Larbi’s NHS pay was deemed to have been fraudulently earned due to her dishonest applications. Between April 2001 and May 2010 her total NHS salary payments were £232,470.62. In addition, the cost of her training to the London Strategic Health Authority was £40,000.

Paying a high price for criminality

Kevin Cane, London operational fraud manager at the NHS CFS, commented: “The alteration to this particular passport was very skillfully done and would have been difficult for anyone to detect. It allowed Larbi to remain and work here illegally for several years, but she has now paid a high price for her crimes.”

Cane encourages people to report any suspicions of fraud against the NHS

The NHS CFS – a service of the NHS Business Services Authority – was established to tackle fraud and corruption throughout the NHS and Department of Health whether it involves professionals, staff, patients or contractors. It aims to create a lasting anti-fraud culture.

Around 300 professionally-trained and accredited Local Counter Fraud Specialists are in place covering every health body in England and Wales.

The value of fraud and unlawful action identified in 2009-2010 was £10,951,069.

In 2009-2010, the NHS CFS successfully prosecuted 65 criminal cases.