Successful private prosecution following “organised, sophisticated, and targeted’ fraud on cancer charity
R (Macmillan Cancer Support) -v- Edna Da Silva Vieira (2024), Southwark Crown Court
The Fraud:
On 29 October 2024, Edna Da Silva Vieira was sentenced before the Southwark Crown Court following an ‘organised, sophisticated, and targeted’ fraud, in which hundreds of bank accounts were used to defraud Macmillan’s cancer grant system 1.
Ms Da Silva Vieira was the fifth defendant to be sentenced in relation to this fraud, with her four co-defendants being sentenced in May 2024.
Over a 15-month period during the COVID-19 pandemic, a group of five defendants used hundreds of aliases, telephone numbers, addresses as well as corporate and individual bank accounts to launder the proceeds of the fraud. The fraud involved hundreds of telephone calls purportedly by genuine applicants pretending to have various forms of terminal cancer, including prostate, throat, breast, ovarian, skin and thyroid cancer. These were all lies.
The Facts of the case:
Macmillan is a cancer charity which provides specialist health care, physical, financial, and emotional support to people affected by cancer.
In late-2022, Macmillan identified suspicious grants which suggested organised fraudsters were seeking to take advantage of new systems developed as a result of the Covid pandemic. Edmonds Marshall McMahon (“EMM”) were instructed in August 2022 and, with Macmillan’s Counter Fraud Team, undertook a complex and wide-ranging investigation.
The Sentence
Within three months, five connected individuals, identified as being responsible for the fraud, were charged, and hundreds of their bank accounts were restrained.
All five defendants were charged with conspiracy to defraud Macmillan. Shortly before trial, they each plead guilty to money laundering charges under the Proceeds of Crime Act 2002 (PoCA).
The Judge remarked that:
“This was a sophisticated fraud on a charity which seeks to assist those who suffer from cancer. The defendant’s conduct is a disgrace, not least for someone who was formerly a trustee of a charity herself”.
Ms Da Silva Viera was sentenced to 17-months imprisonment, suspended for 18 months, and 100 hours of unpaid work.
The Judge formally commended the Macmillan investigator, Emily Hartley, who discovered and investigated the fraud, without which, this fraud may never have been identified.
Recovering the proceeds:
Macmillan also successfully recovered almost 100% of the stolen proceeds which will be used to provide the services and support to those who are affected by cancer, and to continue in its aim to ensure that no one faces cancer alone.
Comment
Bob Browell, Counter Fraud Manager at Macmillan Cancer Support comments:
“Frauds perpetrated against charities like Macmillan strike at the very essence of societal trust and altruism. The emotional toll of fraudulent activities reverberates long after the crime is uncovered, tarnishing the reputation of charities and eroding public confidence in charitable causes.”
I would like to credit the brilliant work of the team at Macmillan. The case represents the most complex and extensive investigation undertaken since the inception of Macmillan Cancer Support’s Counter Fraud Team.
Whilst balancing our ambition to quickly get money out to those who were suffering from cancer during a global pandemic, the team were able to notice anomalies in applications, which were immediately investigated further and with legal guidance, the perpetrators were quickly identified.
I am glad that today the individuals involved have been brought to justice.
As a result of this egregious breach of trust, Macmillan was forced to temporarily pause the payment of grants to all applicants. This meant that genuine applicants who were suffering from the devastating effects of cancer were unable to receive the assistance they deserved. In addition to this, the money that was stolen could have paid for hours of support by Macmillan nurses helping people’s spouses, mothers, fathers, sons, daughters, and wider family who are suffering with cancer. They are the real victims. I am glad that our robust processes and systems have done their job, the stolen funds have been recovered and we can continue to support those that most need it.
We will not tolerate fraud and we will take action wherever we see it.”
Ashley Fairbrother, Partner at Edmonds Marshall McMahon, comments:
“These defendants were convicted of laundering money that was stolen from a well-respected and deserving charity. The defendants exploited a system designed to provide crucial financial assistance to individuals battling cancer. They committed a heartless crime that diverted essential resources away from those who needed them most.
The message must go out to people who believe that charities are an easy target – they are not; these offences are serious, and the consequences are serious. Many people give their time and money to raise money for good causes, often because either they or some of their own families have experienced cancer. The effort needed to raise that money is great, and the theft of the fruits of that effort is particularly egregious.
Private prosecutions are increasingly becoming the main vehicle of redress for charities, especially at a time when the Government is looking at new ways to combat fraud. That is why we feel it’s important to highlight the vital role private prosecutions play in the criminal justice system. We hope that this sends a clear message on behalf of charities to those that commit crimes against them, that they will not get away with it.”
The case was prosecuted by Ashley Fairbrother and Andrew Marshall, Partners, and Oliver Fredrickson, Associate, at EMM, and Dominic Hockley at Harcourt Buildings.
8th November 2024
- Sentencing Remarks of HHJ Hopmeier on 29 October 2024. ↩︎
