Court Appearances - Fraud and providing unlawful immigration advice

TableList of Court Appearances and Warrants

| Name / Age / Place of residence

| Charges(s)

| Court / Hearing Date

Status

Upcoming Hearings

Outcome

—- | —- Status | ——–Upcoming |Hearings ——– | ——– | —Outcome —-|—-|——–|——–|—-|—-

Johanna Loader / 35 / Milton Keynes	32 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation) 4 x Immigration and Asylum Act, section 91 (providing immigration advice when not qualified to do so) - 3 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	Westminster Magistrates’ Court/ 19.05.23	sentencing	plea and trial preparation	Southwark Crown Court 27.0716.06
Khalick Bhatoo / 70 / Southall	3 x Immigration and Asylum Act 1999, section 91 (providing immigration services when not qualified to do so) - 1 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so) - 1 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation) - 1 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so) - 1 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	Warrant for arrest issued following failure to attend at Westminster Magistrates’ Court on 18.05.22
Ehsan Danish Ali / 56 / Birmingham	1 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so) 1 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	Warrant for arrest following failure to attend at Birmingham Magistrates’ Court on 24.09.20
Real Christopher D’Cruze / 42 / Huddersfield	1 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so) - 1 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	Warrant for arrest issued following failure to attend at Westminster Magistrates’ Court on 22.08.18
Thomas Dyer /47 / London	3 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so)	Warrant issued following failure to appear at Westminster Magistrates’ Court on 06.12.17
Kafumba Fofana /45 / Milton Keynes	5 x Immigration and Asylum Act 1999, section 91 (providing immigration advice and services when not qualified to do so)	Warrant for arrest issued following failure to attend at Milton Keynes Magistrates’ Court on 29.07.17
Syed Gilani / 49 / Birmingham	i4 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so - 1 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	First appearance at Birmingham Magistrates’ Court on 24.09.20	Trial at Birmingham Crown Court on 11.03.24
Carlton Harding aka Cal Harding /61 / Surrey	1 x Immigration and Asylum Act 1999, section 91 (providing immigration services when not qualified to do so) - 1 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so) - 8 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	Warrant for arrest issued following failure to attend at Westminster Magistrates’ Court on 24.10.22
Risalat Hussain / 39 / Birmingham	1 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	First appearance at Birmingham Magistrates’ Court on 24.09.20	Trial at Birmingham Crown Court on 11.03.24
Sukhwinder Kang /32 / Reading	3 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so) - 4 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	Warrant for arrest issued following failure to attend at Westminster Magistrates’ Court on 24.10.22
Shahan Khan Naseer, AKA Sean Khan / 48 / Salford	1 x Immigration and Asylum Act 1999, section 91 (providing immigration advice and services when not qualified to do so)	Warrant for arrest issued following failure to attend at Manchester and Salford Magistrates’ Court on 01.12.16
Anetta Owsianko /47 /London	3 x Immigration and Asylum Act 1999, section 91 (providing immigration advice and services when not qualified to do so)	Warrant for arrest issued following failure to attend at Westminster Magistrates’ Court on 24.07.19
Arshiya Siddiqui /43/42 / Coventry	1 x FraudImmigration and Asylum Act 2006,1999, section 191 and(providing 2immigration (makingservices awhen dishonestnot falsequalified representation)to 2do so) - 4 x Immigration and Asylum Act,Act 1999, section 91 (providing immigration advice when not qualified to do so) - 2 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	First appearance at Coventry  Magistrates’ Court on 28.09.22	Trial at Warwick Crown Court - UPDATE - 2 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so) - 2 x Fraud Act 2006, section 1 and 2 (making a dishonest false representation)	Sentencing3 x guilty verdicts	WarwickSentencing Crown- Court 14.0714 July
Harrington Thomas / 72 / Croydon	4 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so)	Warrant for arrest issued following failure to attend at City of London Magistrates’ Court on  26.01.22)
Boril Wdowczyk / 55 / London	4 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so)	Warrant issued following failure to attend at Westminster Magistrates’ Court on 24.07.19
Mohamed Zidi / 54 / Woking	3 x Immigration and Asylum Act 1999, section 91 (providing immigration advice when not qualified to do so)	Warrant for arrest issued following failure to attend at Westminster Magistrates’ Court on 27.09.22

Glossary – Legal Terms:

• *Absolute discharge
• *Appeal
• *Community sentence
• *Compensation
• *Conditional Discharge
• **Crown Court
• *Defendant
• *Fine
• *Jury
• **Magistrates’ Court
• *Pre-sentence Report
• Section 2 of the Fraud Act 2006 offence
• Section 91 of the Immigration and Asylum Act 1999 (offence)
• Section 92B of the Immigration and Asylum Act 1999
• Sentence Hearing
• Summons
• *Surcharge
• *Suspended Hearing
• Warrant of Arrest

*Absolute discharge

Court decides not to impose a punishment because the experience of going to court has been punishment enough, but the offender still gets a criminal record.

*Appeal

In criminal justice, a person convicted of an offence can apply to a higher court to have their conviction overturned or their sentence reduced. Appeals against conviction or sentence in magistrates’ courts are heard in the Crown Court. Appeals against conviction or sentence in the Crown Court are heard in the Court of Appeal Criminal Division.

*Community sentence

This is a punishment that may include programmes designed to compensate the community or help people to stop offending . An example might be unpaid work or help with addiction problems.

*Compensation

An amount of money ordered by the court to be paid by someone who has committed a criminal offence that has caused personal injury, loss or damage to the victim.

*Conditional Discharge

Given for the least serious offences and means that if the offender commits another crime within a set period, they can be sentenced for both offences.

**Crown Court

A law court where cases against people accused of serious crimes are tried by a judge and jury.

*Defendant

If a person is prosecuted, they become a defendant in court. If they either plead guilty or are found guilty by magistrates or, for more serious offences, a jury, they then become an offender and will be sentenced by the court.

*Fine

A financial punishment given for lower level crimes. The amount is set by the court after considering the seriousness of the offence and how much money the offender can pay. Fines can be given to organisations as well as people and are the most common type of sentence given.

*Jury

A group of normally 12 members of the public who decide if a defendant in a Crown Court trial is either guilty or not guilty of an offence, based on evidence presented in court.

**Magistrates’ Court

Less serious criminal offences, family cases, such as divorce proceedings and youth offences are usually tried at a magistrates’ court.

*Pre-sentence report

A report, generally prepared by the probation service, to assist the court in determining the most suitable way of dealing with an offender. It should include an assessment of the nature and seriousness of the offence and the impact on the victim. A court will usually obtain a pre-sentence report before imposing a community or custodial sentence.

Section 2 of the Fraud Act 2006 offence

The elements of an offence of fraud by false representation, contrary to section 1 and 2 of the Fraud Act 2006, are that the defendant:

a) dishonestly made a false representation; b) intending to make a gain for himself or another, or c) intending to cause loss to another or to expose another to a risk of loss.

A representation is false if it is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading.

A representation can be express or implied.

Fraud by false representation is punishable with up to six months imprisonment, or a fine, or both when convicted in the magistrates’ court. It is punishable by up to 10-years’ imprisonment, or a fine, or both when convicted in the Crown Court.

Section 91 of the Immigration and Asylum Act 1999 offence

A person who provides immigration advice or immigration services while not being a qualified under the provisions of the Immigration and Asylum Act 1999, or in contravention of a restraining order is guilty of an offence and liable: a) on conviction in the magistrates’ court, to imprisonment for a term not exceeding six months or to a fine, or to both; or b) on conviction in the Crown Court, to imprisonment for a term not exceeding two years or to a fine, or to both.

Section 92B of the Immigration and Asylum Act 1999

A person commits an offence if: a) he offers to provide immigration advice or immigration services, and b) provision by him of the advice or services would constitute an offence under section 91. A person offers to provide advice or services if he:

a) makes an offer to a particular person or class of person, b) makes arrangements for an advertisement in which he offers to provide advice or services, or c) makes arrangements for an advertisement in which he is described or presented as competent to provide advice or services.

Sentencing hearing

A hearing at the magistrates’ court or Crown Court when the sentence is imposed on a person convicted of a crime.

Summons

A summons is an order from the magistrates’ court which requires a person to attend court on a given date and time to answer an allegation that they have committed a criminal offence.

* Surcharge

Cash amount that must be paid by an offender after they have pleaded guilty or been convicted. The amount depends on the circumstances of the offender and the sentence passed. This charge is used to fund victims’ services and is separate from any fine.

* Suspended sentence

When a court passes a prison sentence of between 14 days and two years it may choose to ‘suspend’ the sentence - the offender will not go to prison but must stay out of trouble and comply with (up to 13) requirements set by the court - for up to two years..

Warrant of arrest

An order by the court for the police to arrest a person and bring them before the court.

*Definitions provided by Sentencing Council www.sentencingcouncil.org.uk/research-and-resources/glossary/

** Definitions provided by the Crown Prosecution Service www.cps.gov.uk/publication/glossary