No further action taken against Doctor/Judge in Fraud allegations
Dr PS was both a successful medical doctor and a member of the judiciary, sitting on various judicial panels in addition to his medical work. He was approached by NHS Counter fraud earlier this year in respect of a declaration made when he applied for his judicial positions. It was suggested that this was a false declaration and that he had committed fraud by false representation contrary to s2 of the Fraud Act 2006.
The ramifications of conviction for Dr PS would have been severe as he would have faced General Medical Council disciplinary proceedings and may have lost his license to practice. As well as losing his livelihood he would have faced the embarrassment of losing his good character and the further ramifications that would have had upon his personal and professional career.
Dr PS approached Quentin Hunt, a criminal defence barrister who specialises in representing professional individuals. Quentin acted for Dr PS on a direct public access basis.
Upon instruction Quentin made contact with the investigators, who were KPMG associates employed by NHS counter fraud. Quentin gained pre-interview disclosure in order to ascertain the allegations made against his client. He then took full instructions from his client and delivered comprehensive advice as to the proposed police interview that was to take place and the next steps that were to be followed. At interview Quentin chose a specialist fraud police station representative from his panel of police station representatives to look after Dr PS’s interests. A clear and comprehensive account was given.
Following interview Quentin put together a detailed letter of representations to the investigators and the Crown Prosecution Service outlining why the case did not meet the relevant thresholds for prosecution. Quentin is a great believer in an effective letter of representations; if effective such a letter will halt proceedings before they even begin saving the client from a costly, stressful and risky trial process.
The letter of representations was a success, Quentin was contacted by NHS counter fraud to tell him that the case had been reviewed and that no further action was being taken against his client. Dr PS was obviously delighted.
Quentin Hunt is a Criminal Defence Barrister who accepts instruction from solicitors and directly from members of the public. Quentin specialises in pre-charge representations, he believes that ‘the best way to win a trial is to not have a trial at all’ and adopts a ‘front foot’ proactive approach to try to ensure that his clients are not charged with criminal offences.
If you are, or might be, under investigation for a criminal offence you may contact Quentin for a no obligation conversation about your case.