Furlough fraud 1st case

Author
Discussion

Eric Mc

122,031 posts

265 months

Friday 10th July 2020
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Stay in Bed Instead said:
But HMRC know who your PAYE employees are, and I think only those previously reported under RTI could be claimed for. So HMRC can do real time ratification at the time of the claim.

Surely they are doing this?
There were/are all sorts of non checkable factors about the claims. Not all the criteria for a valid claim may have been true for individual employees included on the claim. HMRC are relying 100% on the applicant employer being truthful about these factors. HMRC has no way of checking that type of detail at the point of application.

Slagathore

5,810 posts

192 months

Friday 10th July 2020
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Hardly surprising when even something like Grenfell saw fraudulent claims.

Think we'll see many, many more. Same with the grants and loans.


brickwall

5,250 posts

210 months

Friday 10th July 2020
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Gareth79 said:
I guess there's two types of fraud:

- Business applies for furlough for the employees are still working and the business is still doing well.
- Person applies for furlough for a business they have no connection with, and receives payments into their bank account.

The article mentions the person has a business, so I assume it's the former and they have a couple of hundred employees, some of whom reported the company. I guess HMRC could also detect businesses still trading by using VAT returns and various other data they have access to?
I think it’ll be much easier to catch the second category than the first.
There are endless stories of unscrupulous businesses claiming furlough money for some/lots of their employees, without ever telling said employees (or actually “furloughing” them) - so they carry on working as normal.

The employee may or may not find out, but catching the employer relies on the employee testifying against them - giving evidence that they were indeed working. I expect many employees will not want to do this, let alone proactively dob their employer in to HMRC.

AJL308

6,390 posts

156 months

Saturday 11th July 2020
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Gareth79 said:
I guess there's two types of fraud:

- Business applies for furlough for the employees are still working and the business is still doing well.
- Person applies for furlough for a business they have no connection with, and receives payments into their bank account.

The article mentions the person has a business, so I assume it's the former and they have a couple of hundred employees, some of whom reported the company. I guess HMRC could also detect businesses still trading by using VAT returns and various other data they have access to?
What's the chances that it's a business employing people under st conditions, at way below minimum wage, probably people who have questionable legally to work and which hasn't even told those people they are on Furlough?


anonymous-user

Original Poster:

54 months

Saturday 11th July 2020
quotequote all
AJL308 said:
What's the chances that it's a business employing people under st conditions, at way below minimum wage, probably people who have questionable legally to work and which hasn't even told those people they are on Furlough?
the outbreak in Leicester was traced to a clothing manufacturer who paid 3.5 per hour. I think everyone should have got a minimum wage payment, as the poorest had no choice except to work even if ill.

clockworks

5,363 posts

145 months

Saturday 11th July 2020
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My sister's ex-employer, a care home owner, is being pursued by HMRC for falsely claiming furlough payments for several staff who no longer worked there.

The fraud was discovered when my sister called HMRC to ask why she was paying "emergency" tax on her current job. Her ex-employer was claiming she still worked for him, and was furloughed, and HMRC assumed that she had 2 jobs.
She contacted several other people who had recently moved jobs, and he was doing the same for them.

No idea how he thought he would get away with it. Sister had received her P45 when she quit the job before Christmas, and had given it to her new employer.

55palfers

5,910 posts

164 months

Saturday 11th July 2020
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Anyone taking bets that the money will never be repaid?

4Q

3,362 posts

144 months

Saturday 11th July 2020
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I had a call from HMRC last week advising me that I’d made a mistake on my first months furlough payment and I would need to adjust it on nexts months claim. I was a couple of £k out because I’d mistakenly put a full two weeks in the calculator rather than 10 days as I’d counted weekends. They were pretty on the ball in calling me and obviously even small amounts are being looked at. Hope they are just as keen with everyone.

Sticks.

8,752 posts

251 months

Saturday 11th July 2020
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55palfers said:
Anyone taking bets that the money will never be repaid?
Had it been benefits/DWP probably not, but as it's HMRC, unless you can avoid the system all your life, it'll catch up with you at some point.

mike74

3,687 posts

132 months

Saturday 11th July 2020
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I doubt we'll see many prosecutions, I think UKGOV are quite happy to just use furlough money, grants, BBL's as a method of injecting cheap/free helicopter money into the economy regardless of whether the recipients are entitled to it or not.

loskie

5,218 posts

120 months

Saturday 11th July 2020
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I think if it's out and out fraud then we will see both prosecutions and assets/monies recovered in proceeds of crime act too.

It's certainly what SHOULD happen.

Andeh1

7,110 posts

206 months

Saturday 11th July 2020
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Won't be hard, any disgruntled employee working or having evidence of being asked to work... subtle report to HMRC. Easy conviction.

poo at Paul's

14,147 posts

175 months

Saturday 11th July 2020
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Eric Mc said:
Stay in Bed Instead said:
Do you not have to input the employees name and NI number to make a furlough claim?
You do.

I expect that claims were made using false employees. If that is the case, those false employees must have already been on the books before the furlough scheme was created - which in turn would indicate that these false employees were being used to perpetrate other types of frauds.

What beggars belief is that HMRC went ahead and paid the money out in the first place.
Possibly, but a far easier furlough fraud would be to declare your genuine employees furloughed, claim the cash, but have them working as normal also. Pay them as normal and trouser the tax payers cash.


loafer123

15,440 posts

215 months

Sunday 12th July 2020
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poo at Paul's said:
Eric Mc said:
Stay in Bed Instead said:
Do you not have to input the employees name and NI number to make a furlough claim?
You do.

I expect that claims were made using false employees. If that is the case, those false employees must have already been on the books before the furlough scheme was created - which in turn would indicate that these false employees were being used to perpetrate other types of frauds.

What beggars belief is that HMRC went ahead and paid the money out in the first place.
Possibly, but a far easier furlough fraud would be to declare your genuine employees furloughed, claim the cash, but have them working as normal also. Pay them as normal and trouser the tax payers cash.
Fairly easy for the HMRC to ask all furloughed staff to confirm their period of furlough, I would think.

XCP

16,914 posts

228 months

Sunday 12th July 2020
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Is it lawful for an employee who is furloughed to work full time for another employer?

WestyCarl

3,253 posts

125 months

Sunday 12th July 2020
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loafer123 said:
poo at Paul's said:
Eric Mc said:
Stay in Bed Instead said:
Do you not have to input the employees name and NI number to make a furlough claim?
You do.

I expect that claims were made using false employees. If that is the case, those false employees must have already been on the books before the furlough scheme was created - which in turn would indicate that these false employees were being used to perpetrate other types of frauds.

What beggars belief is that HMRC went ahead and paid the money out in the first place.
Possibly, but a far easier furlough fraud would be to declare your genuine employees furloughed, claim the cash, but have them working as normal also. Pay them as normal and trouser the tax payers cash.
Fairly easy for the HMRC to ask all furloughed staff to confirm their period of furlough, I would think.
We suspect the end of yr financial audits will check for this as well, it would be a trivial for them.

Eric Mc

122,031 posts

265 months

Sunday 12th July 2020
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XCP said:
Is it lawful for an employee who is furloughed to work full time for another employer?
Yes.

Eric Mc

122,031 posts

265 months

Sunday 12th July 2020
quotequote all
WestyCarl said:
We suspect the end of yr financial audits will check for this as well, it would be a trivial for them.
They don't carry out such "audits" unless they open up a full blown "tax enquiry" - which is only in a very small percentage of cases.

Annual accounts figures do not reveal enough detail to give HMRC the ammunition they would need to spot fraud - unless the fraud was truly massive.

Over the past 20 years of submitting hundreds of company, sole trader and partnership accounts to HMRC, not one has been "audited" or investigated because of perceived anomalies in the accounts. HMRC does not review accounts in detail the way they used to prior to 1995.

XCP

16,914 posts

228 months

Sunday 12th July 2020
quotequote all
Eric Mc said:
XCP said:
Is it lawful for an employee who is furloughed to work full time for another employer?
Yes.
Thanks.
Just seems a bit odd.

Eric Mc

122,031 posts

265 months

Sunday 12th July 2020
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The furlough scheme applies to each specific employment. If an employee has two employments, the second employment is independent from the first.

A furloughed employee can also have a separate non-employment stream of income, such as rental income or a self employed activity.