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IN THE CROWN COURT INDICTMENT
AT HULL TRIAL NO.
STATEMENT OF INFORMATION RELEVANT IN ACCORDANCE
WITH SECTION 16 (6)
OF THE PROCEEDS OF CRIME ACT 2002
REGINA
Vv
JANET LOUISE SKINNER
STATEMENT DETAILS
Prepared By : Michael Francis MATTHEWS
Address : Post Office Ltd Investigation Team
PO Box1
Croydon
CR9 1WN
Signature
Date : 28 Aug 2007
Prosecutor : Juliet MCFARLANE
Solicitor
Address
Royal Mail Group Ltd
Legal Services
6A Ecclestone Street
London
SW1W 9LT
14
1.2
1.3
24
2.2
2.3
24
2.5
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Statement of Information
I, Michael Francis Matthews am accredited as a financial investigator under Part 2
and Part 8 of the Proceeds of Crime Act 2002. This statement of information is
further to the statements of information prepared by me, dated the 26 March 2007
and the 17 May 2007 and tendered by Juliet McFarlane, Solicitor in this matter, in
accordance with Section 16(3) and 16(6) of the Proceeds of Crime Act 2002. I say
as follows:-
I am employed by Post Office Ltd and am duly authorised to make this statement
of information on behalf of the prosecutor, who is The Solicitor to Royal Mail
Group Ltd, Criminal Law Team and who has conduct of the proceedings in this
matter. I make this statement of information in accordance with Section 16 (6) of
the Proceeds of Crime Act 2002.
Janet Louise Skinner is the defendant in this matter
Extent of Benefit
Particular Criminal Conduct
On the 5" January 2007 at Hull Crown Court the defendant pleaded guilty to one
count of False Accounting contrary to Section 17 (1)(a) of the Theft Act 1968
This statement is submitted to bring up to date the increase in the value of money
since my last statement and the changes to the available amount in respect of th
Accordingly I now calculate the benefit to the defendant from her particular
criminal conduct in this case as £61,724.99. This figure is calculated from the
Retail Price Index (RPI) figures up until Jul 2007, the latest date for which RPI
figures are available. This figure is calculated as follows.
The audit shortage in this case was £59,175.39 from the Post Office® account.
Subpostmasters are liable to pay back for losses in their branch account
immediately. As a result of the false accounting the defendant obtained pecuniary
advantage by failing to repay the loss as they were identified. The defendant is
liable to pay the Post Office Ltd for the shortage at her branch and by not paying
the amount owed, which accumulated through this fraud, she has benefited to
that amount
In accordance with Section 80(2(a)) of the Proceeds of Grime Act 2002, the value
of monies should be adjusted to take account of the changes in the value of
money. Using the RPI figures the increase in the value of this money as the false
accounting was continuing during the period of offending between, January 2006
and May 2006 is £283.95
Notes to 2.5 The figure is worked out as using the “Cash Declared” figures in the
“CC” Stock unit during the material time, as the defendant intimated during the
interview that the figures declared in CC stock units were the amount of the
shortage. A schedule detailing the figures involved and the calculations to arrive
2.6
27
3.1
4.2
4.3
4.4
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at the increase in the value of money was associated with my previous statement
as Appendix 2 and is copied with this statement for information.
The increase in the value money of £59,175.39 from the end of offending, June
2006 until July 2007 is £2,265.65
Note to 2.6 Period from end of offending to July 2007 (RPI figure for Jul 2007)
minus (RPI figure for June 2006), divided by (RPI figure for June 2006), multiplied
by £59, 175.39. Therefore 206.1 — 198.5 + 198.5 = 0.0382871 x £59,175.39 =
£2,265.65
A copy of the latest RPI Table is associated as Appendix 8
Summary of Benefit
Table of Benefit
Source Detail Amount
Particular Criminal Conduct I Money short on audit £59,175.39 I —~
Increase in the value of money £283.95
short during the offending
Increase in the value of money £2,265.65
since end of offending
Total Benefit £61,724.99
Available Amount
The onus is on the defendant to provide the Court with full details of all her
realisable property, including full internal valuations (carried out by a professional
valuer) for any houses she has an interest in. She will also need to supply the
Court with details of the likely costs that will be incurred in realising the property.
The defendant has not provided any such valuation to the prosecutor to date.
In paragraph 9.3 of the defence response dated the 14 May 2007 the defendant
accepts that Kensington Mortgage Company Ltd carried out an internal and
external inspection of the property prior to lending the money on it and valued the
property at £135,000 in July 2006.
According to the Nationwide Building Society House Price Calculator a property
located in Yorkshire & Humberside, which was valued at £135,000.00 in quarter
three of 2006, would be worth approximately £140,973.00 in quarter two of 2007.
A copy of the Internet printout is associated as Appendix 9. The prosecutor
however accepts that the market may have fluctuated in Hull over the past few
months due to flooding and as such the defendant should provide a professional
valuation.
On the 28 Aug 2007 Kensington Mortgage Company Ltd detailed that currently
£100, 792.33 is owed on the Mortgage and £18,730.58 is owed on the secured
loan. These total £119, 522.91
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4.5 Approximate amount available in £ 21,450.00
5 Confiscation Order
5.1 If the Court accepts that the Defendant has benefited from the proceeds of crime
to the extent of £61,724.99 the Court should declare the benefit in that amount, or
in any other amount in respect of which the Court finds the defendant has
benefited.
5.2. The recoverable amount is an amount equal to the defendant's benefit from the
conduct concerned. If the Defendant shows that the available amount is less than
the benefit, the court should make a confiscation order in that sum.
6 Effect of Compensation on Confiscation
6.1. The effect of Section 13(5) of the Act permits the Court to make a compensation
order under section 130 of the Sentencing Act as if a confiscation order had not
been made.
6.2.1 If the defendant cannot pay both, compensation can be recovered from sums
paid in satisfaction of the confiscation order.
7 Royal Mail Group Ltd request compensation in this case as follows:
Detail Amount
Money short on audit " £59,175.39
Increase in the value of money during the offending £283.95
Increase in the value of money since end of offending £2,265.65
Total £61,724.99
Any reply to this statement made under the Proceeds of Crime Act 2002 should
be served on Hull Crown Court, and a copy sent to Royal Mail Group Ltd, Legal
Services, 6A Eccleston Street, LONDON, SW1W 9LT
Parapet £84 18-29.
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