A CONMAN committed a £44,000 fraud against a struggling business he claimed he was trying to save with a 'rescue package'.
Stephen Murrall of Parker Place, Broadway, had already admitted fraud after offering to take over troubled business BBR Engineering which has since been dissolved.
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The 53-year-old, who had already served an eight year prison sentence for different frauds, walked free at Worcester Crown Court on Friday after carrying out this latest fraud against the company between November 1, 2016 and March 31, 2017.
FREE: Stephen Murrall in The Tything after he leaves Worcester Crown Court
The defendant was employed for five months, earning £33,000 as an income and claiming £11,000 in fuel allowance after using a false name to get the job while he was on bail for a series of other frauds.
BRR Engineering (Shropshire) Limited is now listed on Companies House as having been dissolved on January 11, 2019 after the administration process started on October 5, 2017.
GUILTY: Stephen Murrall leaves Worcester Crown Court
Judge Martin Jackson who sentenced Murrall said: "The history of BRR is a very sad one."
Speaking of the delay in the case, Judge Jackson said: "This investigation was at a relatively low level of priority as they (police) were giving greater priority to investigating offences of serious violence, serious sexual offences and offences against children. For that reason, the proceedings against you were not commenced until relatively late."
Judge Jackson, laying out the background to the fraud, said BBR was a business that had 'got into financial trouble' and someone else had already stolen money from the same company, putting it under financial pressure.
Murrall did not disclose his real identity to Wayne Moseley who had been a company director, giving his name as Steve Roberts instead. At the time Murrall was on bail for five frauds.
He was ultimately jailed for eight years for these frauds at Warwick Crown Court in November 2017 and was only released after serving that sentence last November.
"Had it been (disclosed), Mr Moseley might at the very least have questioned what somebody who was on bail awaiting trial for a number of offences of fraud was doing being involved in a meeting with somebody who was supposed to try and help salvage this business" said Judge Jackson.
Murrall used the false name when he signed the shared purchasing document. The judge told Murrall: "You were in a position of trust at the time you secured that employment with Mr Moseley.
"You were part and parcel of the effort to try and save his company. You did maintain the false identity for a significant amount of time - for, at the very least, the five months over which you were being paid by him."
In sentencing, Judge Jackson accepted that the Crown case had changed from how it was originally put which was that Murall had 'used a false identity to try and gain control of Mr Moseley's company'.
Murrall was now being sentenced on the basis he had used a false name to gain employment. "He might well not have employed you had he known your true identity " said Judge Jackson.
The judge disagreed with the defence that the fuel allowance should not be considered part of the fraud. "You would not have gained the fuel allowance if you had not been employed by Mr Moseley" said Judge Jackson.
Mr Moseley said in a victim personal statement he had to remortgage his house to avoid bankruptcy and personal guarantees he had given to company creditors were not honoured by the defendant after he took on company liabilities.
In a victim personal statement Mr Moseley, who was being pursued by three creditors, had said: "It's a bitter pill to swallow. I hope justice will prevail."
Judge Jackson took into account that Murrall had found new employment, was engaging with his supervising officer and had been productive and helped others while serving a prison sentence. However, he also said the case was one of high culpability 'because of the abuse of a position of trust'.
"You are someone who has an established track record of fraud" said the judge.
Judge Jackson sentenced him to two years in prison suspended for two years. He also ordered him to complete 180 hours of unpaid work and 40 rehabilitation activity requirement days.
Any award of costs will await the resolution of the proceeds of crime application. A timetable for this has already been drawn up.
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