Solicitor Jailed for Defrauding Cancer Charity with Fake Invoices

Michael Fogg, a 47-year-old solicitor from Cyncoed, Cardiff, has been found guilty of defrauding Cancer Research UK by submitting fake invoices for will-writing services he did not perform. A court heard that Fogg's actions resulted in the charity losing thousands of pounds, money that could have funded vital cancer research, including an estimated 48 biopsies.

Fogg was sentenced at Newport Crown Court on Friday to 10 months' imprisonment, suspended for two years. He was also ordered to complete a 24-day rehabilitation activity requirement and 120 hours of unpaid work. Fogg, who pleaded guilty to fraud by false representation, no longer works as a solicitor.

Cancer Research UK launched an investigation after discovering that emails and addresses provided by Fogg for his clients were non-existent. The charity, which has operated a free will-writing scheme for 25 years, allows participating solicitors to charge a fee for drafting wills. For an individual will, the charity pays £120 plus VAT, and for mirror wills, £170 plus VAT.

Fogg and his company, Trusting Willpower Ltd, joined the free will service in 2021. Concerns were raised on July 6, 2023, when the charity sent thank-you cards to individuals who had pledged more than £100 to Cancer Research UK in their wills, based on Fogg's claims. Some recipients responded stating they had not used Fogg's services.

When questioned, Fogg claimed to have received instructions to prepare wills for the individuals mentioned. Trusting Willpower Ltd had invoiced Cancer Research UK for a total of £29,090. The charity had already paid £18,150 but withheld the remaining balance pending clarification.

Further investigations by the charity involved contacting individuals Fogg claimed to have drafted wills for. Out of 250 emails sent, 58 were undeliverable. Nine recipients confirmed they had not used Fogg's services, and some were not living at the addresses provided. For another batch of 260 wills, eight individuals confirmed using Fogg's services, but 41 stated they had not.

The investigation also found that 172 clients had invalid phone numbers and 38 had invalid email addresses. The matter was subsequently reported to the police, and Fogg was arrested. During his police interview, he denied defrauding the charity and declined to answer further questions.

Prosecutor Charles Archer stated that the total fraud amounted to £4,800, based on 40 invoices. Archer described Fogg's actions as an "abuse of trust and responsibility" given his position as a solicitor.

In mitigation, Fogg's barrister, James Tucker, noted that Fogg felt "deeply ashamed" of his behavior and highlighted Fogg's status as a family man and parent with several health issues, including a brain injury, epilepsy, anxiety, and depression. The court heard that Fogg had no previous convictions.

Phil Sapey, counter-fraud manager for Cancer Research UK, stated in a victim personal statement that the charity received no benefit from the false claims made by Fogg, representing funds that could have been used for cancer research and patient support.