Debit Card conspiracy in a Convenience Store

We are all aware of the possibility that someone might copy the number from our Credit or Debit Card and use it to make their own purchases. In some cases the fraudster actually "clones" the card number by encoding it into the magnetic strip on the back of another card.

In this case two brothers who owned and ran a Convenience Store where charged with "conspiring with others to accept fraudulent [i.e. cloned] Debit Cards in payment for goods or services".

As a result of a mix-up with the Legal Services Commission I undertook this case without Prior Authority and my fees had to be assessed by the NTT. The judge was asked to comment on the importance of my Report and an extract from his note to the NTT reads:

In this case a Forensic accountant was employed by the prosecution to go through the accounts. His evidence was that there was a shortfall, which formed an important part of the prosecution case. …… In the event Mr. Emery's report pointed out a significant factual error in the prosecution expert's report …… This was accepted by the prosecution witness …… and was a main plank in the defence case. …… My view is that Mr. Emery did give some important evidence in the case, and it was right and fair that the defence should have his assistance.