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Fraudster Hits Out As Court Makes Him Pay Double Amount Conned

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http://www.thestar.co.uk/headlines/Fraudst...ourt.5664770.jp

A SOUTH Yorkshire mortgage fraudster has hit out at confiscation proceedings brought against him after he was ordered to pay back – twice over – the money he conned.

Stephen Bagnall, aged 45, was found guilty following a trial in March of making a fraudulent application for a £30,000 mortgage on his home using false details.

But at sentencing in May he was spared jail because he had paid back all the money, and had conned the least amount of money compared to his co-defendants.

Instead he was handed a 52-week term suspended for two years and ordered to carry out 160 hours' unpaid work.

Now, under Proceeds of Crime legislation, Bagnall has been ordered to pay back £57,500.50.

He accepts he should pay £27,500 – his share of the profit made on the home – but believes it is unfair he should also have to pay the £30,000 again. Bagnall, of Falding Street, Masbrough, Rotherham, told The Star: "I feel gutted – I feel like they're robbing me.

"I'm happy to pay back my share of the profit of the house, but I've already paid the £30,000 back and don't see why I should have to pay it again.

"The judge even said at sentencing that one of the reasons I didn't get sent to prison was because I'd paid it back, so I don't understand how this can happen now."

He added that even if the judge did decide he should pay back the money again, he should only have to pay £15,000 – because the other £15,000 was borrowed by his wife who was cleared of the charges.

Bagnall said: "Half of what I have got is my wife's. She has been found not guilty, but they are still punishing her."

He now plans to appeal the confiscation order.

A CPS spokeswoman said the decision was up to the judge who heard the confiscation proceedings.

She said: "It's an order made by a judge who would have heard from both sides before making a decision about how much money should be repaid."

She added Bagnall could appeal the decision.

Financial mortgage advisor David Carter has also been ordered to pay back £10,000 of the rewards he reaped for his role in the scams.

Carter, who ran Network Financial Solutions on Middle Lane, Rotherham, was found guilty of six counts of obtaining mortgages by deception following the same trial.

The 55-year-old, of Main Street, Wentworth, Rotherham, worked with accountant John Wright, 51, of Henley Avenue, Norton, to submit false applications to mortgage lenders on a string of properties.

I'm sure that we can all agree he shouldn't pay it back. :ph34r::ph34r:

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There should be more of this sort of punishment.

Its not really a punishment if you only have to pay back the profit.

+1

Also if all fradusters were made to pay back twice as much as they made on their schemes it might make them think twice before committing a crime.

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Whilst you have a point it hardly seems fair when our 'leaders' themselves have been making handsome profits abusing their expenses schemes to expand their own property empires.

Sounds like one rule for them and another rule for the rest of us

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How unfair!

Give him an option - either you pay double, or you get both your hands chopped off.

It's liberal namby pamby ideas like this that have led to broken britain.

Clearly the thing to cut off, in order to stop someone thieving again, is the head.

;)

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Ex-Rotherham United director David Costin, 45, of Haugh Green, Rawmarsh, was found guilty of two counts of fraud, after making false applications worth £460,000 on four properties. His proceeds of crime hearing takes place in December.

Yet another football connection.

I like the reader comments.

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The comments on the original website are quite amusing.

I'm never sure whether when an article is linked from here and has many comments, are the comments mainly from HPCers or do they reflect the general mood of the public?

Edited to add in 'comments' in the second sentance so it reads correctly.

Edited by cashrichassetpoor

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The comments on the original website are quite amusing.

I'm never sure whether when an article is linked from here and has many, are the comments mainly from HPCers or do they reflect the general mood of the public?

I posted this at 7pm, some of the time stamps for the comments are from this morning.

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Guest happy?

Given that the cost to me personally of bailing-out the banks is £36k (and that this con was part of the process) it seems that this fraudster has been given a rather lenient sentence.

Be-heading does sound a more attractive option.

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Thats the good thing about POCA 2002, you have to pay back any benefit (not profit) that you gained from the criminal activity. The judge had no choice other than to make the confiscation order......

Edited by superdez

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Given that the cost to me personally of bailing-out the banks is £36k (and that this con was part of the process) it seems that this fraudster has been given a rather lenient sentence.

Be-heading does sound a more attractive option.

Yup - and what about people like "Sir" James Crosby of HBOS & the FSA [ :wacko: ], Adam Applegit of Northern Rock, the tit at the top of Bradford & Bingley, and.... last, not least, Gordon Faggot Brown himself, our erstwhile "Sub-Prime Minister", uphill gardener extrordinaire, leader of a "government" filled to the brim with ex-cons & faggots, cf Lord Mandelstein, fraudster of the mortgage, faggot burglar of the botties, rider of one-eyed monsters.... fudge-packer of the parks..... [etc. etc.]....

Edited by eric pebble

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Yup - and what about people like "Sir" James Crosby of HBOS & the FSA [ :wacko: ], Adam Applegit of Northern Rock, the tit at the top of Bradford & Bingley, and.... last, not least, Gordon Faggot Brown himself, our erstwhile "Sub-Prime Minister", uphill gardener extrordinaire, leader of a "government" filled to the brim with ex-cons & faggots, cf Lord Mandelstein, fraudster of the mortgage, faggot burglar of the botties, rider of one-eyed monsters.... fudge-packer of the parks..... [etc. etc.]....

Calm down Eric, you might blow something :lol::lol:

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It's liberal namby pamby ideas like this that have led to broken britain.

Clearly the thing to cut off, in order to stop someone thieving again, is the head.

;)

A typical wishy-washy response.

Whilst I agree that all fraudsters should be beheaded, simply lopping-off their bonce is the soft option.

Miscreants should be kicked in both shins first followed by having a stick of rhubarb of prize-winningly long proportions forcefully inserted into an unmentionable place.

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...........believes it is unfair he should also have to pay the £30,000 again. Bagnall, of Falding Street, Masbrough, Rotherham, told The Star: "I feel gutted – I feel like they're robbing me.

"I'm happy to pay back my share of the profit of the house, but I've already paid the £30,000 back and don't see why I should have to pay it again.

Join the club. When idiots suggest wealth taxes I have the same feeling.

We're all robbed routinely, it's just wood/trees.

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