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EAST MIDLANDS LOCAL COUNTER FRAUD SERVICES Countering Fraud & Corruption in the NHS MARCH 2011 E-Learning Module NHS NOTTINGHAMSHIRE COUNTY next>>

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Page 1: EAST MIDLANDS LOCAL COUNTER FRAUD SERVICES Countering Fraud & Corruption in the NHS MARCH 2011 E-Learning Module NHS NOTTINGHAMSHIRE COUNTY next>>

EAST MIDLANDS

LOCAL COUNTER FRAUD SERVICES

Countering Fraud & Corruption in the NHS

MARCH 2011

E-Learning Module

NHS NOTTINGHAMSHIRE COUNTY

next >>

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How this module worksClick on the buttons at the bottom right of each screen to navigate through this e-learning module.

The buttons represent:

Next slide

Previous slide

Go back to the beginning of the section

Go straight to the section questions

Press the ESC key on your keyboard to stop the presentation at any time.

INTERNAL AUDIT CONSULTANCY IT AUDIT & FORENSICS POST PAYMENT VERIFICATION

COUNTER FRAUD SECURITY MANAGEMENT

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The aims of this module are:

To explain what constitutes fraud and corruption in the NHS and what you

should do if you identify suspicions;

To explain the NHS Counter Fraud Strategy; and

To explain the role of the Local Counter Fraud Specialist (LCFS) and how

they can help you and the Trust deal with the problem of fraud.

It will take about 20 minutes to complete the whole module.

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Why do I need to know about the Counter Fraud Service and go through this module?

Any member of staff could potentially become aware of a practice that they think is wrong but they may not know who to talk to about it. This module will give some basic advice on the steps to follow.

HOWEVER… please don’t think that fraud is rife in this Trust as the indications are that it is not. This module is intended to promote awareness of the potential for fraud and corruption, so that you know what to do and who to contact if you ever become aware of a suspicion.

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Every year millions of pounds of public money are at risk to fraud and corruption in the NHS. A small minority of people feel that it is acceptable, by their criminal behaviour, to deprive the NHS of resources which would otherwise be used to provide patient services.

The NHS Counter Fraud Service exists to minimise losses through FRAUD & CORRUPTION

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The NHS Counter Fraud StrategyThe NHS Counter Fraud Service was established in 1998 The Chief Executive and Director of Finance are jointly responsible for

ensuring compliance with Secretary of State Directions (or in the case of Foundation Trusts, the Independent Regulator’s License)

Every Health Body in England & Wales must nominate an Accredited Local Counter Fraud Specialist (LCFS) to undertake counter fraud work in 7 generic areas of activity

AIM:

To reduce fraud within the NHS to an absolute minimum and hold it permanently at that level to free up resources for better patient care

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Secretary of State

NHS Business Service Authority

NHS Protect

Area Counter Fraud Specialist

Director of Finance/Chief Executive

Local Counter Fraud Specialist

Trust employees, patients, visitors and contractors

The Counter Fraud Structure

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Review Your Learning

What have you learnt from this module so far?

Here are a few questions…

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The Trust’s Audit Committee because they are worried about the level of fraud at this Trust.

The Secretary of State so that mechanisms can be established to reduce NHS fraud nationally.

Who set up the NHS Counter Fraud Service?

Choose your answer

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The Secretary of State directions issued in 1999 set in motion the NHS Counter Fraud Initiative that all health bodies must adhere to.

Who set up the NHS Counter Fraud Service?

The Secretary of State so that mechanisms can be established to reduce NHS Fraud nationally.

Yes, that’s right!

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Every health body has to comply with Secretary of State Directions or in the case of Foundation Trusts, the Independent Regulators License requirements. Compliance with the directions in no way implies that fraud is rife at the Trust or that the Audit Committee and the Director of Finance are concerned that fraud is a particular problem within the organisation.

Who set up the NHS Counter Fraud Service?

The Trust’s Audit Committee because they are worried about the level of fraud at this Trust.

No, that’s the wrong answer, please try again

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The Local Counter Fraud Specialist

The Director of Finance & Chief Executive

Who is responsible for ensuring the directions are followed at this Trust?

Choose your answer

The Secretary of State through NHS Protect

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The Local Counter Fraud Specialist carries out work to assist the Trust’s compliance with Secretary of State Directions/the Independent Regulators License requirements. NHS Protect undertakes assessments of the adequacy of compliance with directions within the Trust.

Who is responsible for ensuring the directions are followed at this Trust?

No, that’s the wrong answer, please try again

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Who is responsible for ensuring the directions are followed at this Trust?

The Director of Finance and Chief Executive are responsible for monitoring compliance with Secretary of State Directions/the Independent Regulators License requirements but will be guided by reports received from the Local Counter Fraud Specialist and NHS Protect.

The Director of Finance & Chief Executive.

Yes, that’s right!

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Between 1999 and 2010:

Nationally…

Is the Counter Fraud Service effective?

More than £65 million was recovered; Approximately £824 million was saved;

and There were 616 successful

prosecutions.

In 2009-10 alone:

£4,182,758 in potential savingswere identified;

2626 investigations were concluded;

there were 150 successful prosecutions; and

583 civil and disciplinary sanctions were applied.

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During the 2 year period ending 31st March 2010, East Midlands NHS Local Counter Fraud Services:

Is the Counter Fraud Service effective?

Received 268 referrals Brought 236 investigations to conclusion Identified 107 system weaknesses Obtained 21 criminal convictions, 54 disciplinary sanctions and 12

awards by civil action Identified fraud losses totalling £1.24m (£1m recoverable) Brought the Counter Fraud message to almost 24,000 NHS staff

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Review Your Learning

What have you learnt from this module so far?

Here are a few questions…

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£3 million has been recovered to date.

£15 million has been recovered to date.

How much money, diverted from the NHS through Fraud, has already been recovered

and put back into patient care?Choose your answer

£65 million has been recovered to date.

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How much money, diverted from the NHS through Fraud, has already been recovered

and put back into patient care?

No, that’s the wrong answer, please try again

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How much money, diverted from the NHS through Fraud, has already been recovered

and put back into patient care?

Over £65 million has been recovered to date, but this amount is increasing as new cases are being investigated.

Yes, that’s right!

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In the simplest of terms, Fraud is theft with an element of deception involved.

The most common offences under the Fraud Act 2006 are:

Fraud by false representation – e.g. submission of false timesheets for shifts not worked

Fraud by failing to disclose – e.g. failing to declare criminal convictions when applying for NHS employment

Fraud by abuse of position – e.g. a person in a position of trust using their position to commit fraud

(Some fraud offences, committed before 15th January 2007, continue to be prosecuted under the Theft Acts)

What is Fraud?

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Corruption is defined as the offering, giving, soliciting or acceptance of inducements which may influence a person’s actions.

For example a supplier making a payment to a staff member to secure a contract or to supply goods or services in excess of actual requirements.

The Trust may, as a result, fail to achieve value for money or pay for goods not required.

What is Corruption?

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Examples of potential Fraud & Corruption in the NHS

Submission of false timesheets for shifts not worked;

Employees claiming NHS sick pay when actually working for another employer;

False declarations of employment history/qualifications in order to gain employment;

Submission of false/excessive expense claims;

Submission of false quotes, invoices or receipts in order to obtain financial reimbursement (staff & suppliers/contractors);

Contractors claiming for goods/services not supplied;

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Examples of potential Fraud & Corruption in the NHS

Diversion of charitable donations for personal benefit;

Failing to report receipt of salary (or other) overpayment;

Employees conducting personal/private business in work time;

Unauthorised use of NHS equipment /facilities for personal gain;

Acceptance of gifts and inducements for third party advantage;

Patients falsely claiming entitlement to NHS treatment/services;

Patients falsely claiming exemption from NHS charges.

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Who might commit Fraud?

Staff

Patients

Contractors

Suppliers

Visitors

Anyone

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Review Your Learning

What have you learnt from this module so far?

Here are a few questions…

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Yes, I do.

No, I have no involvement in this.

Do you, as a Trust employee, have a part to play in countering NHS Fraud?

Choose your answer

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Regardless of your job role, you may come across fraud in the course of your normal duties. If you do, your responsibilities are outlined in the Trust’s Fraud and Corruption Policy. You must report any suspected fraud to the Local Counter Fraud Specialist so that an investigation can take place. Failure to do this could result in the fraud remaining undetected and money continuing to be fraudulently diverted from patient care.

Do you, as a Trust employee, have a part to play in countering NHS Fraud?

No, that’s the wrong answer, please try again

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As a Trust employee, if you think someone is acting fraudulently, then you must report this to the Local Counter Fraud Specialist, in accordance with the Trust Fraud and Corruption Policy.

Do you, as a Trust employee, have a part to play in countering NHS Fraud?

Yes, that’s right!

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Staff adding shifts or hours to a timesheet that they know have not been worked.

Staff retaining a payment with their salary that they know they are not entitled to.

Which of the following scenarios could be considered fraudulent?

Choose your answer

Staff working elsewhere while claiming NHS sick pay.

All of the above.

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All the options listed are potential frauds.

Which of the following scenarios could be considered fraudulent?

Yes, that’s right!

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The answer you chose is a potential fraud, but so are the other three. The correct answer is, therefore, all of the above.

Yes, that’s right, but …

Which of the following scenarios could be considered fraudulent?

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Do make a note of your suspicions. Sign the note, date it and keep it safe.

Do try to secure or copy documents you believe to be suspicious.

Do contact your LCFS on 01332 868931. (Further reporting methods can be found on the Trust’s Counter Fraud intranet page).

Don’t investigate the matter yourself or report it to your manager – this may compromise any potential prosecution.

Don’t undertake any surveillance – this will breach the Human Rights Act.

What do I do if I think a Fraud is occurring?

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What if I am wrong?

Never be afraid to raise your suspicions directly with your Local Counter Fraud Specialist even though you may be wrong…You could be right!

There will be no ramifications for raising an issue you believe to be fraud, regardless of how the investigation is concluded, as long as your referral was raised in good faith.

If you are uncertain of whether a referral is needed, you should contact your Local Counter Fraud Specialist anyway for advice.

The person investigated will not be disadvantaged if the investigation undertaken does not uncover any fraudulent activity.

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What if I am right?

The LCFS will have validated the suspicions and uncovered evidence.

The person under investigation will have explained their actions at a formal interview under caution. (Whatever is said can be used in a criminal prosecution).

A decision will be reached regarding appropriate sanctions to be pursued.

Any loss will be calculated and a decision will be made regarding appropriate recovery action.

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01332 868931 [email protected] C/O Internal Audit, Laurie House, Colyear Street, Derby, DE1 1LJ

Your LCFS is Penny Gee

How do I contact my Local Counter Fraud Specialist?

You may also call the National NHS Fraud and Corruption Reporting Line (open 8am – 6pm, freephone 0800 028 40 60) or report on-line at www.reportnhsfraud.nhs.uk

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Yes, and anonymous referrals will be investigated, however it may hinder any investigation if we are unable to contact you in case we need further information.

Even if you only give a contact reference and telephone number, this may help with the investigation as initial enquiries might prove inconclusive and we may therefore need to come back to you to see if you have any further information which might help us progress the investigation fully.

If you do give us minimal contact details these will not be used to identify you.

Can I report my suspicions anonymously?

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This person is specially trained to:

What is a Local Counter Fraud Specialist?

Promote fraud awareness within the Trust;

Prevent and detect fraud;

Conduct professional fraud investigations;

Answer concerns and queries; and

Liaise with the Director of Finance and NHS Protect

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The Role of the LCFSThe creation of an Anti-Fraud culture;

Maximum Deterrence of Fraud;

Successful Prevention of Fraud which cannot be deterred;

Prompt Detection of Fraud which cannot be prevented;

Professional Investigation of detected Fraud;

Ensuring effective Sanctions are applied against those who commit Fraud;

Ensuring effective Redress is sought where financial losses are identified.

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Can anyone investigate Fraud?(such as a line manager or a Human Resources Officer)

NO

The Secretary of State Directions on NHS fraud clearly state that only a nominated and accredited Local Counter Fraud Specialist can undertake fraud investigations for each Health Body. This is to ensure that legislation governing criminal investigations (including the Human Rights Act and Data Protection Act) is not breached and as a consequence, that any potential criminal prosecution is not compromised.

However…

The LCFS works very closely with Human Resources whenever a member of staff is under investigation.

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There are three courses of action that would be considered where fraud has been identified.

Any one, or a combination of, these could be used:

What sanctions might be applied to people who commit Fraud?

Criminal prosecution or a Police caution (resulting in a criminal record);

Civil proceedings (including County Court orders) to recover financial losses;

Disciplinary proceedings (including action taken by a professional body).

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This will generally be a decision made jointly by the LCFS, Director of Finance, Area Counter Fraud Specialist and the Director of NHS Protect, taking account of legal advice. Serious cases involving employees may be pursued via both criminal and civil investigations, which may also result in internal and external disciplinary action.

Where financial losses to the NHS are identified during the course of an investigation, recommendations are made by the LCFS to ensure that financial redress may be obtained from the offender.

Who decides which sanction, or sanctions, are to be used?

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Review Your Learning

What have you learnt from this module so far?

Here are a few questions…

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Line Manager / Directorate Manager

Director of Finance or Finance staff

Who can investigate a potential fraud within this Trust?

Choose your answer

Director of Human Resources or Human Resources staff

Local Counter Fraud Specialist

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Only the Local Counter Fraud Specialist can investigate any potential fraud within the Trust.

No, that’s the wrong answer, please try again

Who can investigate a potential fraud within this Trust?

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Who can investigate a potential fraud within this Trust?

If any other staff investigate fraud, it would be contrary to the Secretary of State Directions and could compromise any criminal proceedings that the Trust may wish to take once fraud has been proven. Cases must be referred directly to the Local Counter Fraud Specialist (not via line management).

Yes, that’s right!

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You go out of your way to watch the person to catch them in the act. You then confront them with the evidence.

You make an immediate note of everything you’ve seen and then contact the Local Counter Fraud Specialist.

You have evidence of Fraud. What do you do?

Choose your answer

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You have evidence of Fraud. What do you do?

By going out of your way to watch someone you may be contravening the Human Rights Act and/or the Regulation of Investigatory Powers Act 2000. This could compromise any subsequent criminal case.

Also an action could be brought against the Trust as a consequence of a member of its staff acting in this manner.

No, that’s the wrong answer, please try again

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You have evidence of Fraud. What do you do?

Make a detailed note, sign and date it, then contact your Local Counter Fraud Specialist for advice on 01332 868931.

Yes, that’s right!

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Don’t tell anyone because you could be wrong.

Contact your Local Counter Fraud Specialist and ask for advice.

You think you know of a Fraud being carried out but you have no evidence.

What do you do? Choose your answer

Make it known to the person you are concerned about that you know what they are doing.

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You think you know of a Fraud being carried out but you have no evidence.

What do you do?

By not doing anything you are allowing a possible fraud to continue and more and more money may be diverted from patient care.

By telling the person that you know about the fraud, evidence could be destroyed and the fraud could continue (by some other means), allowing monies to continue to be diverted from patient care.

No, that’s the wrong answer, please try again

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You think you know of a Fraud being carried out but you have no evidence.

What do you do?

If you are in any doubt or worried about what might be occurring, then contact your Local Counter Fraud Specialist, Penny Gee, for advice on 01332 868931.

Yes, that’s right!

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You have now completed this training module and are better informed about NHS fraud. (See the following slide for details of how you can obtain a certificate

for your personal development portfolio).

Fraud against the NHS diverts resources (tax payers money) from the provision of the best quality patient care, the core business of the NHS.

Please help us stamp out all fraud and corruption in the NHS and report any suspicions of fraud to your Local Counter Fraud Specialist.

Well done!

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If you have any queries regarding the content of this e-Learning module, need further advice, or wish to report a fraud, please contact Penny Gee, your LCFS, on 01332 868931.

You may also call the National NHS Fraud and Corruption Reporting Line (open 8am – 6pm, freephone 0800 028 40 60) or report on-line at www.reportnhsfraud.nhs.uk

Don’t forget to email [email protected] (quoting code 1104GELM in the subject line) to confirm completion of this e-Learning module and request a certificate for your personal development portfolio. Your certificate will be returned to you by email.

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RememberEveryone working in the NHS has a responsibility to prevent and detect fraud and report concerns of fraud or corruption to your Local Counter Fraud Specialist.

You may now press Esc to exit this module… alternatively, the following slides provide details of just a small selection of the many cases successfully investigated by East Midlands NHS Local Counter Fraud Services.

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Bereavement Advisor Imprisoned for 5 Years for £753,000 Fraud

A former NHS Bereavement Advisor from Leicestershire was jailed for 5 years on 30 April 2010 for obtaining £753,000 from deceased patients’ estates by making fraudulent applications to Leicester Registry Office, forging letters of authority from supposed distant relatives and suggesting to grieving families that she could relieve them of the burden of obtaining Grant of Probate.

In mitigation, the defendant said that she thought of herself as a “modern day Robin Hood”, arguing that the money she took would have gone to the state whilst she had better uses for it. She claimed that she had given money to the needy, including prostitutes, refugees and asylum seekers. She also admitted, however, maintaining a lifestyle she could not otherwise have afforded, including the purchase of flats, a narrowboat and high performance cars paid for in cash.

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Doctor Struck-Off for £2450 Expenses FraudA former Derbyshire hospital Doctor was struck-off by the General Medical Council (GMC) in August 2010 after falsely claiming £2,450 for relocation and removal expenses from her former NHS employer.

The Doctor submitted an expenses claim relating to her move from London after starting work in Derby in 2007. Staff at the hospital were suspicious of the claim, which was referred to the Local Counter Fraud Specialist (LCFS) and payment refused.

The LCFS investigation identified the claim to be false as the removals company the Doctor claimed to have paid did not actually exist. The Doctor was dismissed from the hospital and she and her husband were subsequently issued with Police cautions after they admitted falsifying the claim and supporting evidence. The GMC panel described the Doctor’s actions as, “a pre-planned act of deception for her own financial gain” and found that the receipt of a Police caution was, “a serious breach of the standards expected of a Doctor”. The panel therefore concluded that her fitness to practice was impaired and she was struck off the professional register.

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Former Head of Orthotics Convicted for £21k Fraud

A former Head of Orthotics who defrauded the NHS of over £21k received a suspended 12-month prison sentence in 2010 and was ordered to complete 150 hours’ unpaid work. He was also ordered to sell assets in order to compensate his former NHS employer for their losses.

The defendant was Principal Orthotist at a Nottinghamshire hospital, in charge of the workshop where medical devices are made. He was permitted to use the workshop for private clients provided he paid for this and NHS patients weren’t affected but he didn’t pay for hundreds of devices, costing the NHS £28k. The investigation also found that the subject earned over £5,000 as a University Lecturer for work carried out in NHS time and that he also marketed the supplies company he co-directed.

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Caution Order Imposed on Agency Worker for Timesheet Fraud

In July 2010 an agency worker who admitted to submitting false timesheets to his agency for work that he did not complete while assigned to a Leicestershire hospital had a caution order placed against his Health Professionals Council (HPC) registration.

The worker admitted to submitting false timesheets over a three month period with a value of £3600 which was subsequently recovered by the Hospital Trust. In reaching their decision the HPC determined that the worker had brought the reputation of his profession into disrepute.

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Nottingham Practice Manager Sentenced for NHS Fraud and Theft

A former GP Practice Manager from Nottingham was given a 51-week suspended sentence, a 12-month supervision order and a six-month curfew at Derby Crown Court after charging personal goods to the NHS, and falsifying overtime and petty cash claims valued at up to £28,000. She had been employed by Derbyshire County PCT as a GP Practice Manager for two years but resigned in November 2007 amidst an investigation by the NHS Local Counter Fraud Specialist (LCFS) and the Derbyshire Police.

The investigation commenced after the subject’s manager discovered some suspicious invoices whilst she was away sick. It was discovered that she had used the trust’s account to purchase over £6,000 worth of electronic goods, including LCD televisions and an expensive stereo system, which were delivered to her home address. A search of the Practice Manager’s locked desk then revealed copies of false overtime claims for which she had been paid more than £16,000. Suspicious petty cash requests in excess of £5,000 were also identified during the search, with monthly claims increasing from £150 to £900.

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Arrest Warrant Issued for Suspected FraudsterAn arrest warrant has been issued for an NHS employee who left the country after an alleged sick pay fraud totalling almost £8,000. An LCFS investigation identified that the subject had reported sick to their substantive Derbyshire NHS employer in order to work bank shifts for another NHS Trust. The resulting false claims for sick pay totalled £7,791.

At a formal interview with the LCFS, the subject admitted carrying out the fraud and subsequently resigned from their post. Following the interview a file was submitted to prosecuting Solicitors but the subject failed to attend a scheduled Court hearing and a warrant was issued for her arrest.

Information was later received indicating that the subject had left the country shortly after the Court hearing date. The arrest warrant remains outstanding and the matter has been reported to the High Commission for the subject’s new country of residence. Should the subject return to the UK, she will be arrested and brought before the Court to answer the charges against her. In the meantime, attempts are continuing with a view to recovering the £7,791 in defrauded NHS funds.

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Nottingham Pay Officer Convicted for NHS FraudA pay officer from Nottingham was sentenced to two years conditional discharge and ordered to pay £250 in costs at Nottingham Crown Court after defrauding the NHS of more than £3000.

She was charged with two counts of false accounting after admitting she transferred £3332 that she was not entitled to from the Trust’s payroll system into her bank account in 2006.

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Derbyshire Health Care Assistant Jailed for Timesheet Fraud

A Healthcare Assistant was jailed for 15 months in December 2005 for cheating the NHS out of £50k.

Between June 2002 and October 2004 he had submitted timesheets to the ETI nursing agency for work he never undertook. The fraud was discovered when staff at the Trust noticed his name on an invoice and were surprised, considering he had not worked there for 2 years! The suspicions were referred to the East Midlands Regional Team of the NHS Counter Fraud Service. Hospital duty rosters and interviews with staff confirmed that he had not worked any of the shifts he claimed for.

Including agency fees, the total loss to the Trust ran to £80k.

Press Esc to exit this module.

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