Pre Sentence report for being convicted for 4 counts Fraud by abuse by position

[Mikaeel2010]

Hi i have been convicted of two counts of Fraud by abuse by position. The fraud of £900,000. A pre sentence report has been ordered by the judge, I have been on unconditional bail for over two years, I have no previous criminal records and im not known to the police/courts. The defense and prosecution did agree that i did not benefit from the funds or had any link to any other party to where the funds landed up. I worked for a retail bank. The case was very odd as the person added to the account who made the transfer declined to attend court as he/she lives abroad and declined the police offer of free flights and accommodation to give evidence. But i was involved in doing the transfer and adding another party on. There was no CCTV footage as it lapsed. I did access that account before they came into the bank as i was given authorization by manager and accessed more than 4 months on 17 occasions and that customer lived in Herts and i was based in London. My stories were confirmed by my former employers. The police did not take a witness statement from my manager who authorized the transfer after two years after the fraud and kept stating "I don't remember". The judge allowed the bad character application to through even though i had no previous convictions.

I also pleaded guilty early to two counts of Fraud by abuse by position, that was £25K Fraud which did do and i have regretted ever since. I have a wife that suffers from a chronic illness and i am sole provider in our house hold.

Since being on bail i put my self through self education and have been working ever since.

What impact will a pre sentence report have on my sentencing?

What is the most realistic sentence?

[sara3]

sandy, be sensible.

I know of someone who did something similar but made a great lifestyle out of it. over £500k, pleaded guilty so the sentence was reduced from 6 years to 4. he served 2 years.

[sandyRoe]

It's just that the post seems incongruous. To be in a position of responsibility, which you could abuse to the tune of almost a million, but still later need to put yourself through self education, somehow doesn't ring true.

[exdc]

Hi

Please see the attached link ref Sec 4 Fraud


http://www.cps.gov.uk...by_abuse_of_position/

[bednobs]

from the link it looks like the lowest you could expect is 4 years in prison

[cassa333]

I have absolutly no idea but just wondered why anyone would defraud to the tune of £900,000 and not benefit from it somehow?

[Mikaeel2010]

Hi guys thanks for the answers. Sandy I did some courses in IT and later landed my self a job after the fraud had happened whilst on bail. It did state on the charge that i intended to make a loss to the customer/ bank or make a gain to some one else.
The police did check my accounts and found no monies in there. When the police were asked in court why my previous colleagues were not questioned about the fraud even though i said in the police interview for him to question them he said "It was an oversight".
I have made no financial benefit from this fraud. I just cannot believe it took 2 years to get me to court and there was no real investigation done by police.

[sara3]

you must have seen the evidence intended to be used against you..

[Mikaeel2010]

Not at all. That would be crazy. Because i made no financial benefit would that help the judge to make the sentence lighter, there case pretty much was i was the main man in the fraud but that could not be proven.

[sara3]

before the trial you will receive Disclosure Bundles, and you will see what will be used in court against you.

[venator]

Don't you have a solicitor to discuss this with?

[bednobs]

it may be a mitigating factor, but it lookslike 4 is still the minimum