August 11, 2020 3:14 PM BST
The chief executor officer of the Cornwall Health trust was jailed for fraudulent and misleading lies on his CV and submitting forged documents when applying for the job. He was jailed and had £97,000 due balance of salary and severance pay confiscated as proceeds of crime.
The court of appeal has ruled the confiscation of the 97K was unlawful in that he was being punished twice for the crime.
Surely obtaining money by deception 1968 revised the Fraud Act 2000 requires money obtained by fraud be repaid/withheld.
Does this now set a precedent eg. A fit and able Person, claims disability benefit, unemployment and housing for say 10 years, but actually is self employed and owns their own house, now not required in law to repay or have their assets seized to reimburse state agencies? If as a result of the crime they are jailed?
In the case of identity theft, the fact the criminal has banked substantial amounts of somebody's money is the victim now not entitled to get their money back?
This post was edited by Cristine Jennifer Shye. BL at October 7, 2020 9:24 PM BST