Abuse of Metropolitan Police issued AMEX cards

Transcription

1 Abuse f Metrplitan Plice issued cards Managed Investigatin Cmmissiner's Reprt

2 IPCC Cmmissiner s Reprt Intrductin This reprt prvides an verview f investigatins int the use f American Express crprate credit cards by members f the Metrplitan Plice Service. The investigatins were carried ut by the Metrplitan Plice Service Directrate f Prfessinal Standards, under the management f the Independent Plice Cmplaints Cmmissin, in an peratin named Csperville. Operatin Csperville began in Octber 2007, with an initial review f expenditure n the 3,530 credit cards which had been issued within the MPS shwed that un-recnciled amunts were apprximately 3.7millin. It ended in 2011, with six fficers having been cnvicted in criminal curts, plus tw members f the public and a further 34 having faced a variety f miscnduct actins including dismissal. As a result f this review, the Metrplitan Plice Service identified weaknesses and made significant changes t its plicies in relatin t use f crprate credit cards, intrducing greater accuntability and cnsistency, limits n spending and a reductin in timescales fr fficers t recncile their accunts. Backgrund Operatin Csperville has its rigins in Octber 2007, as a result f an investigatin int tw cunter-terrrism fficers, with regard t suspected criminal misuse f their Amex crprate credit cards. These fficers were arrested (and subsequently cnvicted) f criminal ffences relating t their cnduct. Due t the discvery f their misuse f the cards, a scping exercise was cnducted t ascertain if ther cardhlders culd have cmmitted ffences. This scping exercise led t the decisin that a full review was necessary. A dedicated team in the Metrplitan Plice Directrate f Prfessinal Standards (DPS) was created t cnduct the review. It was apparent frm this review that nt nly were there systemic failures in crprate card gvernance, but als further instances f ptential criminal activity r breaches f plicy. All 3,530 card hlders were subject t initial review; f these cardhlders 1,019 had used their crprate cards utside f MPS plicy. Many f thse wh had used the cards utside f plicy were fund t have repaid the mney in an acceptable time r used the card fr legitimate means, but that they shuld have paid thrugh a different prcess. Page 2 f 7

3 IPCC Cmmissiner s Reprt One hundred and ninety-five cases were identified that related t claims utside f the business card plicy that were cnsidered ptentially unacceptable r withut sufficient supprting dcumentatin. Each f these cases received a detailed review by the DPS. Of these, 137 cases were cnsidered apprpriate t be dealt with by n further actin being taken, fllwing the mre detailed review. The remaining 58 cases were referred t the IPCC. Referrals All 58 cases referred t the IPCC by the MPS, and a further 2 cases referred by the MPA (wh have respnsibility fr senir fficers), were managed by IPCC Senir Investigatr Simn Cusins, under my verall respnsibility. I set verarching terms f reference fr the referrals: 1. T investigate the circumstances surrunding the use f crprate credit cards by thse named individuals whse cnduct is referred t the IPCC. 2. T cnsider and reprt n whether any criminal r disciplinary ffence may have been cmmitted by the plice fficers invlved in this matter, and whether relevant plicies/guidelines were cmplied with. 3. Fllwing the reviews being carried ut by MPS and MPA auditrs f the utstanding accunts, t investigate any further cases f misuse f cards that are recrded as cnduct matters. 4. T cnsider and reprt n whether there is any: a) learning fr any individual plice fficer r member f plice staff; r b) rganisatinal learning fr the plice service, including whether any change in plice plicy r practice wuld help t prevent a recurrence f the cnduct investigated. The referrals were made ver a tw year perid as the Csperville team cmpleted their review and analysis f each f the cases. Page 3 f 7

4 IPCC Cmmissiner s Reprt Investigatins and utcmes Sixty fficers were subject t the managed investigatin. Each f these cases was reviewed by the same CPS lawyer t ensure cnsistency and eight MPS emplyees were prsecuted with the fllwing results: DS De-Cadenet (unrecnciled spend f 82,000). Charged with Misfeasance n 15 April 2008 and resigned frm the MPS. He pleaded guilty and was sentenced t 10 mnths imprisnment. The utstanding mnies have nt been recvered t date. DC Washingtn (unrecnciled spend f 12,000). Dismissed n 8th September Charged with Miscnduct in a Public Office, fund guilty and appealed. The Curt f Appeal upheld his appeal rdering a retrial n the basis that the apprpriate directin had nt been prvided t the jury by the trial judge. On 22 February 2011 DC Washingtn pleaded guilty n the first day f his re-trial. He received a 6 mnths custdial sentence suspended fr 8 mnths and 100 hrs cmmunity service. He prvided full settlement f his persnal expenditure. DS Gallagher (persnal expenditure abut 10,000). Resigned n 7th December Charged with Misfeasance and pleaded guilty befre trial at Suthwark Crwn Curt. He was sentenced n 21 Nvember 2008 t 8 mnths imprisnment suspended fr 2 years. All f the utstanding mnies were repaid. DC Pley (alleged prfit ver 16 mnths in excess f 93,000). Allegatins invlved a cnspiracy with his wife and ther relatives, and tw Detective Sergeants being charged with cnspiracy t defraud the MPS. The crwn withdrew cnspiracy charges against the tw Detective Sergeants prir t trial. Darren Pley and his wife were fund guilty f Cnspiracy t Defraud n 19 Octber DC Pley was given a 3 year custdial sentence and dismissed frm the MPS n 14 December The recvery f the prfit frm this cnspiracy is subject t cnfiscatin prceedings. DS Bramwell (withdrawing excess cash t value f 11,749) Charged with Fraud and Theft Act ffences n 16 Nvember 2009 and fund guilty f S.4 Fraud Act and False Accunting n 22 Nvember 2010; he was sentenced t 12 mnths custdy n 5 January Dismissed frm the MPS n 6 January The fficer appealed against his Page 4 f 7

5 IPCC Cmmissiner s Reprt criminal sentence which was reduced t 8 mnths in custdy. The fficer repaid the utstanding mnies in full. DC Fernley (persnal spending 1,180). Indicted n seven cunts f False Accunting, cntrary t the Theft Act at Suthwark Crwn Curt; fund guilty f five cunts f false accunting n 1 February He was sentenced t 6 mnths fr each cunt t run cncurrently, suspended fr 2 years with 200 hurs unpaid wrk and 3,000 csts t be paid within 12 mnths. The fficer was dismissed frm the MPS n 31st March Mney was repaid. Member f plice staff (persnal spending apprx 4,800); received a criminal cautin fr theft n 21 Octber 2009, and resigned frm the MPS. A Detective Sergeant (withdrawal f 9200 cash) was charged with S.4 Fraud Act The fficer was fund nt guilty at Suthwark Crwn Curt n 4 Nvember 2010; he was later prvided with a discipline sanctin f Management Actin in relatin t Orders and Instructins. Miscnduct Cases In additin t the abve, ther cases were dealt with at varius levels within the miscnduct system, taking int cnsideratin the amunts invlved; the way in which and the time at which thse expenses were incurred and whether the mney had been recnciled/ repaid. Eight cases went t miscnduct hearings with the fllwing results: Tw fficers were required t resign Fur fficers were fined Tw fficers received a reprimand Twenty-fur peple were given written warnings and tw peple were given wrds f advice. Seventeen cases were assessed as being n further actin. Page 5 f 7

6 IPCC Cmmissiner s Reprt MPA referrals The Metrplitan Plice Authrity referred tw cases invlving ACPO ranking fficers in September The IPCC managed the investigatins int these cases n the same basis as the Operatin Csperville cases, althugh given the rank f the fficers the investigatins were carried ut by Martin Baker, Chief Cnstable f Drset. His reprts were cnsidered by the same CPS lawyer wh decided that n criminal charges shuld be brught and passed t the Metrplitan Plice Authrity, whse Prfessinal Standards Cases Sub-cmmittee was satisfied that n actin was required n 23 Octber The IPCC agreed. Learning The terms f reference I set were nt nly t investigate ptential criminality and miscnduct in the abuse f credit cards, but t ensure steps were taken t avid such abuses in future. Very early n in the prcess the MPS acknwledged that the use f Amex cards by fficers and staff had t stp. The MPS has since instigated a new crprate card system and revised its expenses plicy t prevent any reccurrence f the 2007 situatin. There are fewer authrised card hlders, stricter regulatins arund timing f recnciliatin n accunts and increased accuntability. While n system can claim t be fail-safe, the IPCC is satisfied that this is a vast imprvement. Cnclusin Operatin Csperville was a painful, prtracted but necessary prcess t ensure that public mney was prperly accunted fr, and that thse wh were expliting the system fr persnal gain were held t accunt fr their actins. The utcmes f these cases, which include criminal cnvictins, prisn sentences and dismissals, are evidence f the seriusness with which they have been viewed by the criminal justice system and the plice themselves. I knw that the Directrate f Prfessinal Standards at the Metrplitan Plice devted significant resurces t these investigatins and I cmmend them fr the vigur with which they dealt with the abuse f the system nce it was identified. Page 6 f 7

7 IPCC Cmmissiner s Reprt The extent t which criminal activity and miscnduct was able t take place inevitably says smething abut the envirnment f financial cntrl in which it was able t happen in the first place, and it is imprtant that the MPS has taken majr steps, since these abuses were first expsed in 2007, t address this. Hwever, the main issue highlighted by the review was nt abut pr plicies, but a lack f adherence t them. Therefre the MPS must be mindful that scrutiny f cmpliance with the new system must be regular and thrugh, and ensure they remain vigilant at all supervisry levels - t ptential abuse. Ultimately it is individuals, nt systems, wh are respnsible fr acts f criminality r miscnduct. I have n dubt that the lengthy prcesses f review and investigatin, fllwed by curt cases and sanctins, will have had a salutary effect n any thers wh may have thught the public purse was ripe fr the taking. I hpe that this als reassures the public that thse wh explit the system fr financial gain will nt be tlerated. Debrah Glass Cmmissiner fr Lndn September 2011 A Cmmissiner's reprt is nt an IPCC Investigatin reprt. The purpse f a Cmmissiner's reprt is t share with the public the key findings and summary f the IPCC investigatin, including the Cmmissiner's wn decisin making, the utcme f any legal prcesses that fllwed frm the investigatin, and the learning recmmendatins. The reprt belngs t the IPCC Cmmissiner wh retains versight f the investigatin. The Investigatin reprt is prvided t the family r cmplainant, the plice frce, individual fficers, and with a Crner ahead f any Inquest. The Investigatin reprt and related evidence is als prvided t the Crwn Prsecutin Service when the IPCC cnsiders that serius cnsideratin shuld be given t whether r nt a persn shuld be prsecuted fr a criminal ffence. Investigatin reprts are published nly in exceptinal circumstances because f data prtectin r ther legal restrictins. Page 7 f 7