Post Office Prosecutions
An increasing number of prosecutions are being brought by the Post Office against employees and sub-postmasters for theft and fraudulent activity. In many cases prosecutions are simply for losses that cannot be explained by sub-postmasters and/or employees and it is argued, by many who are accused of these offences, that these losses are due to errors in the systems used to record the accounts on a daily basis. This is regularly denied by the Post Office who therefore continues to bring prosecutions.
Richard Nelson Solicitors offer independent and experienced advice to those facing prosecutions by the Post Office and can assist at any stage in the case.
Investigation and Prosecution
Most Prosecutions by the Post Office originate from findings of unaccounted losses in the accounts. Sub-postmasters have a duty to ensure that accounts are correctly filed at the end of each day. Problems often occur when those responsible for entering the accounts do not have the requisite understanding of the accounting system. This can lead to losses simply not being noticed, overlooked or covered up. The Post Office is becoming ever more draconian towards employees who cannot account for unexplained losses. In some cases, it is not even clear whether losses have occurred at all and may have only arisen on the accounts due to miscalculations. However, even in these cases, successful prosecutions are being brought by the Post Office.
Confiscation and recovery of losses
The Post Office is entitled to seek to recover the amount of the losses. Those facing investigation and/or potential prosecution are likely to find themselves negotiating with the Post Office as to an appropriate repayment plan. However, even if such an agreement is in place, prosecutions may still be brought by the Post Office. If a guilty plea is entered, or a person is found to be guilty, the Post Office is also entitled to bring confiscation proceedings under the Proceeds of Crime Act 2002. This is often a very difficult and lengthy process and can lead to the Courts confiscating more than the amount of the initial offence. This is because proceedings under the Proceeds of Crime Act 2002 allow the Court to decide whether a defendant has led a ‘criminal lifestyle’ and therefore has obtained a financial benefit greater than the amount of the offence itself.
Richard Nelson Solicitors offer experienced confiscation advice and representation. We are able to advise whether your case is one where an agreement can be sought to limit the amount of any confiscation to the amount of the offence itself. Such agreements provide some much sought after financial relief.
Contacting us
If you are an employee of the Post Office and find yourself subject to an investigation of theft or fraud then please contact us.