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Lawyer jailed for fraud9/20/2021 Summary of the Case Below: This case centres on Joshua Brien, a 48-year-old lawyer, who was found guilty of defrauding two companies he worked for, totalling over £600,000. The trial occurred at Southwark Crown Court, and Brien was convicted of three counts of fraud by abuse of position and one count of fraud by false representation.
He was sentenced to seven and a half years in prison. The court heard that Brien used his extensive knowledge of an internal payment system to defraud the Commonwealth Secretariat of around £150,000. He was employed by the company from 2004 to 2016 as the sole liaison for a contractor. Using a fake email address similar to the contractor's, Brien directed funds meant for the contractor into a rogue bank account he had set up in Australia. Brien then joined Cooley UK LLP in 2017, where he further committed fraud. He directed payments intended for the firm into his account, leading to over £400,000 of the client's money being stolen. He also defrauded a second client, channelling around £90,000 into his accounts. Part of the Law: The primary legal issues, in this case, pertain to criminal law, specifically laws related to fraud. Fraud by abuse of position (under Section 4 of the Fraud Act 2006) occurs when someone occupies a position in which they are expected to safeguard the financial interests of another person and abuses that position for personal gain or to cause loss to another. Fraud by false representation (under Section 2 of the Fraud Act 2006) occurs when a person dishonestly makes a false representation, intending to gain for themselves or another or to cause loss or risk of loss to another. Possible Outcomes or Sentencing: If Brien had not been convicted, the case could have potentially resulted in acquittal, given the burden of proof required in criminal law. However, the successful conviction largely depends on the strength and availability of the evidence linking him to the fraudulent activities. It might have resulted in a reduced sentence if he had cooperated or pleaded guilty early on. The courts usually consider early admissions of guilt as a mitigating factor in sentencing. On the other hand, if there were aggravating factors such as previous convictions, mainly related to fraud or dishonesty, this could have led to a longer sentence. Given the severe breach of trust and the significant amount involved, the seven-and-a-half-year sentence is within the typical range for this kind of offence. However, it is essential to remember that the specifics of sentencing guidelines can vary based on several factors. Further Analysis and Insights: Joshua Brien's case is a classic example of "white collar" crime, crimes committed by individuals in higher social classes during their occupation. As a legal professional, Brien was in a position of trust and had access to sensitive financial information. His actions resulted in significant financial loss for his employers and their clients, undermining trust in him as an individual and potentially impacting the reputation of the companies he worked for. One critical aspect of this case is the violation of professional ethics. Lawyers are expected to uphold the highest standards of honesty and integrity. Misappropriation of client funds is one of the most severe breaches of professional conduct that a lawyer can commit, leading to criminal charges and potential disbarment from the profession. Moreover, this case illustrates the potential dangers of internal fraud within businesses and the importance of robust internal controls and regular audits. Brien perpetrated this fraud over a significant period due to his intricate understanding of the companies' payment systems and processes. Alternative legal consequences could have included an order for Brien to compensate the victims of his fraud. Depending on his financial circumstances, a confiscation order might also have been made under the Proceeds of Crime Act 2002, forcing him to repay the money he fraudulently obtained. In sum, this case reinforces the importance of maintaining stringent financial controls within companies, regardless of the trust placed on senior employees. Furthermore, it underscores the severe consequences that legal professionals can face when they abuse their positions, both from a criminal and a professional standpoint. A lawyer who defrauded two companies he worked for out of over £600,000 has been convicted of fraud offences following a trial at Southwark Crown Court. Joshua Brien – 48 (14.02.73) formerly of Darnley Terrace, W11 was found guilty of three counts of fraud by abuse of position and one count of fraud by false representation on 26 August. He was sentenced at the same court on Friday, 10 September to a total of seven-and-a-half years in prison. The jury heard how Brien used his intrinsic knowledge of an internal system used to make payments to contractors to defraud the Commonwealth Secretariat out of around £150,000. Brien was employed by the company between 2004 and 2016, when he was dismissed for an unrelated offence. During his time, he was the sole liaison for a contractor who had been employed on behalf of the Commonwealth Secretariat to carry out work on their behalf. Brien fabricated correspondence using a fake email address he had set up that was very similar to the genuine one used by the contractor. In this ‘correspondence’ he channelled the funds intended to be paid to the contractor into a rogue bank account in Australia that Brien had set up specifically to carry out the fraud. It was only after Brien had left the company that the fraud was discovered. By that time, Brien had moved to another company called Cooley UK LLP, obtaining the job in 2017 having lied on his application form that he hadn’t been dismissed at any previous employer. While employed there, he acted as a lawyer for an ongoing arbitration case involving a marine salvage company. Brien used his personal bank – similar to the method he had used in his previous fraud – and told the client to forward payments to this account. It was only after police arrested Brien for the offence committed at his previous employer that Cooley UK LLP discovered that over £400,000 had been paid from this client to his personal bank account. Brien’s manager had also been alerted after he met with the client’s representative and raised the issue of apparent unpaid fees – money which had been paid in good faith by the client but unknowingly stolen by Brien. Brien also defrauded a second client while employed at Cooley; this time to the figure of around £90,000. Again, Brien alluded to be acting on behalf of the firm but instead channelled the money into his own accounts. Police were called in and Brien was arrested on 29 October 2019 before being charged with multiple fraud offences. Detective Constable Mark Bunning of the Met’s Economic and Specialist Crime Team said: “Joshua Brien used his knowledge of the internal reporting systems of the companies who employed him to carry out significant fraud. “He used the employ of his companies to operate in plain sight; carrying out protracted fraudulent activities for his own personal gain. “However, due the diligent and dedicated work of the police, Brien has been convicted and will now face to consequences of his actions.” More Fraud Cases Travel Fraud Modern Slavery & Fraud Bank Employee Fraud source Comments are closed.
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