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Wednesday 30 October 2019

Health Care Assistant Convicted of Theft After Payroll Error


Not a Magistrates' Court case this one, but interesting nonetheless given the unusual circumstances surrounding this conviction.

In our earlier article "Finders Keepers: A Brief Guide to Theft" we said the following: "You occasionally hear stories of cash machines over-dispensing. If the person making the withdrawal knows or realises there is a fault with the machine and dishonestly walks away with money belonging to the bank, they too are guilty of theft unless they take reasonable steps to return that overpaid money. The same rule holds true if a person was accidentally overpaid by their employer and dishonestly decided to go on a spending spree with their new found wealth."

A Merthyr Tydfil Health Care Assistant has been convicted of theft, after being overpaid by the NHS and dishonestly spending the proceeds.

Lauren O'Keefe, 25, from Treharris, appeared for sentencing at Merthyr Tydfil Crown Court, having earlier admitted a single charge of theft.

The court heard that O'Keefe, who worked on a zero-hours contract for Cwm Taf Morgannwg University Health Board, was mistakenly paid the full-time equivalent salary in addition to her normal hourly rate.

Instead of notifying her employers of the overpayment, O'Keefe kept quiet and spent every penny of the £21,524 received in error over an 18-month period.

"She knew the money coming in was being paid in error but didn't notify the NHS because she couldn't afford to pay it back," said prosecutor Carl Harrison.

The payment error was eventually noticed by the Health Board and an NHS counter fraud investigation followed. An examination of O'Keefe's bank account showed that she spent the money on household bills and a beauty course.

"She didn't inform anyone and lacked the foresight to realise the longer it went on for, the more she would have to pay back," said Tim Lewis, defending.

The court was told O'Keefe was in "financial dire straits" after being sacked by the Health Board.

Mr Lewis said: "She wants to repay it but at the moment she's not in a financial position to do so."

The Recorder of Merthyr Tydfil, HHJ Richard Twomlow, said that he accepted O'Keefe felt genuine remorse for her actions.

She was sentenced to 6 months' custody suspended for 12 months, with 180 hours unpaid work requirement - a sentence that could actually have been imposed at the Magistrates' Court had the case been allocated there.

Cheryl Hill of NHS Counter Fraud Services Wales, said: "Lauren O'Keefe deliberately spent NHS money that she had not earned and did not belong to her.

"Instead of alerting the Health Board that she was receiving a full-time salary in error, she decided to keep the money and spend it on herself, money which should have been spent on NHS services.

"I will stress that the vast majority of NHS staff are honest, hardworking and care greatly for their NHS.

"NHS staff are reminded that they have a responsibility to inform their employer if they are overpaid. If they spot an overpayment it is important that they alert their employer right away or face the consequences if they decide to retain and spend the money."

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