A Cardiff solicitor has been given a suspended prison sentence for defrauding Cancer Research UK out of £4,800 by submitting fake invoices for work he had not carried out. Michael Fogg, 47, pleaded guilty to fraud by false representation and was sentenced at Newport Crown Court on Friday to 10 months' imprisonment, suspended for two years.
Fogg's company, Trusting Willpower Ltd, joined the charity's free will-writing scheme in 2021. The scheme, which has operated for 25 years, lets solicitors charge the charity £120 plus VAT for an individual will and £170 plus VAT for mirror wills. Concerns were raised in July 2023 after 32 thank-you cards for people who had pledged more than £100 to the charity in their wills were sent to individuals Fogg said he had drafted wills for. Some recipients said they had not used his services.
An investigation found that of 250 emails sent to people Trusting Willpower claimed to have written wills for, 58 were undeliverable. Nine people responded saying they had not used Fogg's services and did not live at the addresses provided. After further investigations, the charity attempted to contact more clients in respect of 260 wills. Forty-one people said they had not used him, while 172 clients had invalid phone numbers and 38 had invalid email addresses. Prosecutor Charles Archer said the fraud was based on 40 invoices.
Prosecutor Charles Archer said the behaviour amounted to an "abuse of trust and responsibility" as a solicitor. In a victim personal statement, Cancer Research UK's counter-fraud manager Phil Sapey said the false claims represented funds that would have been used towards curing cancer and supporting people diagnosed with the disease. The court heard the money lost could have paid for 48 biopsies.
In mitigation, James Tucker said his client felt "deeply ashamed" of his behaviour and that Fogg was a family man with health issues including a brain injury, epilepsy, anxiety and depression. Fogg, who was of previous good character, no longer works as a solicitor. He was also ordered to carry out a 24-day rehabilitation activity requirement and 120 hours of unpaid work.
Analysis
Why This Matters
- The fraud diverted money from a charity that funds cancer research, with the court noting the lost sum could have paid for 48 biopsies.
- The case raises questions about oversight of charity schemes that rely on external professionals to bill for services.
- Fogg's suspended sentence means he will face prison if he offends again within two years.
Background
Cancer Research UK is one of the UK's major cancer charities. Its free will-writing scheme is a long-running fundraising tool: solicitors provide wills free to the public and charge the charity a fixed fee, with the aim of encouraging legacy donations. Such schemes depend on the honesty of participating solicitors, who invoice the charity directly.
Key Perspectives
Judge Carl Harrison: Fogg had "a position in the legal profession which allowed you to fund your greed."
Prosecutor Charles Archer: The behaviour was an "abuse of trust and responsibility" by a solicitor.
Defence barrister James Tucker: Fogg felt "deeply ashamed" and has health problems including a brain injury, epilepsy, anxiety and depression.
What to Watch
- Whether Fogg completes the 24-day rehabilitation activity requirement and 120 hours of unpaid work within the two-year suspension period.
- Any further offending within two years could trigger the activation of the 10-month prison term.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedFogg defrauded Cancer Research UK using fake invoices for work he had not carried out.BBC Wales: “A solicitor defrauded a cancer charity out of thousands of pounds after submitting fake invoices for work he had not carried out”
- SupportedFogg was given a suspended prison sentence.BBC Wales: “He was sentenced to 10 months' imprisonment, suspended for two years”
- SupportedJudge Carl Harrison told Fogg his position in the legal profession had allowed him to fund his greed.BBC Wales: “You had a position in the legal profession which allowed you to fund your greed.”
- SupportedThe fraud amounted to £4,800 and was based on 40 invoices.BBC Wales: “Archer said the total fraud was based on 40 invoices and amounted to £4,800.”
- SupportedProsecutor Charles Archer described Fogg's behaviour as an “abuse of trust and responsibility” as a solicitor.BBC Wales: “The prosecutor said the defendant's behaviour amounted to an "abuse of trust and responsibility" as a solicitor.”
- SupportedIn mitigation, James Tucker said Fogg felt “deeply ashamed” of his behaviour.BBC Wales: “In mitigation, James Tucker said the Cancer Research UK's work should be "applauded" and his client felt "deeply ashamed" of his behaviour.”
- SupportedFogg pleaded guilty to fraud by false representation and was sentenced at Newport Crown Court on Friday.BBC Wales: “Fogg, who pleaded guilty to fraud by false representation at an earlier hearing, was also ordered to carry out a 24-day rehabilitation activity requirement and 120 hours unpaid work.”
- SupportedFogg's company joined Cancer Research UK's free will-writing scheme in 2021; the scheme had operated for 25 years and paid solicitors £120 plus VAT for an individual will or £170 plus VAT for mirror wills.BBC Wales: “Prosecutor Charles Archer said Fogg and his company Trusting Willpower Ltd joined the free will service in 2021.”
- SupportedOf 250 emails sent about wills Trusting Willpower claimed to have written, 58 were undeliverable and nine respondents said they had not used Fogg's services and did not live at the supplied address.BBC Wales: “Cancer Research UK sent 250 emails to individuals which Trusting Willpower Ltd claimed they had written wills for, but 58 of the emails were undeliverable, suggesting they were invalid. Nine people responded saying they had not used Fogg's services, and were not living at the address provided.”
- SupportedIn a later contact effort concerning 260 wills, 41 people said they had not used Fogg, while 172 clients had invalid phone numbers and 38 had invalid email addresses.BBC Wales: “After further investigations, the charity attempted to contact more clients in respect of 260 wills. Eight people responded saying they had used the defendant's services to write a will, but 41 said they had not used his services. The court heard 172 clients were found to have invalid phone numbers and 38 people had invalid email addresses.”
- SupportedThe court heard the lost money could have paid for 48 biopsies.BBC Wales: “The hearing was told the money it lost as a result of Fogg's actions could have paid for 48 biopsies.”
- SupportedIn a victim personal statement, Cancer Research UK's counter-fraud manager Phil Sapey said the false claims represented funds that would have been used to help cure cancer and support people diagnosed with the disease.BBC Wales: “In a victim personal statement, Sapey said Cancer Research UK received no benefit from the free will service and the false claims made by Fogg represented funds that would have been used towards curing cancer and providing support to people diagnosed with the disease.”