Definate Tendayi Mukwe’s last leave to remain in the UK expired in February 2003, and she was subsequently refused an extension.
However, in 2004 Mukwe began training to become a registered nurse. She applied for an NHS Student Bursary to take a nursing diploma at Thames Valley University, which was awarded on the basis of settled status in the UK. However, that status was claimed using a falsely endorsed passport.
Registered as a nurse with the Nursing and Midwifery Council, Mukwe was arrested at her workplace on 4 December 2008 having been employed at HMP Chelmsford as a substance misuse nurse since June 2008.
Mukwe had used the same altered Zimbabwean passport – containing a false ‘indefinite leave to remain’ endorsement – to prove her entitlement to work.
Fraud by false representation
After being interviewed, Mukwe was charged with possessing the false passport with intent and fraud by false representation in connection with her application to work for Her Majesty’s Prison Service.
She was also charged with overstaying, and remanded in custody at HMP Holloway. A charge of obtaining money transfers by deception was added after NHS Counter Fraud obtained further evidence in relation to the bursary.
Mukwe initially pleaded not guilty to all charges but, at her trial on 13 May, pleaded guilty to possessing the falsified passport with intent, obtaining the money transfers by deception and overstaying – with the fraud charge relating to her prison employment to lie on file.
Mukwe was sentenced to a total of one year’s imprisonment – six months for the passport offence and six months for obtaining the money transfers (to be served consecutively), in addition to 21 days for overstaying (to be served concurrently).
What the Judge had to say…
Addressing Mukwe, His Honour Judge Gratwicke said that the NHS bursary she obtained of GB pound 20,636 “is money you are not entitled to – it’s not your money”.
Essex Police Financial Investigations Unit will consider whether any assets can be seized under the Proceeds of Crime Act 2002.
Frank Ginnelly – operational fraud manager (eastern) for NHS Counter Fraud – commented: “It’s not acceptable to abuse NHS Student Bursaries in this way. The case outcome shows the public that NHS Counter Fraud is vigorous in protecting its precious health resources.”
Learning disabilities nurse jailed for nine months
Meantime, a registered learning disabilities nurse by the name of Dzikamai Mussett Mhakayakora has been jailed for nine months for fraud after being investigated by NHS Counter Fraud and the UK Border Agency.
Yesterday at Chelmsford Crown Court, Mhakayakora pleaded guilty to five counts totalling over GB pound 85,000: two counts of using a false Home Office letter, one of obtaining a pecuniary advantage and two further immigration offences. He was sentenced to nine months for each count, to run concurrently.
Mhakayakora used a false Home Office letter stating he had indefinite leave to remain (with no restrictions on working) to obtain a place at Thames Valley University, where he completed a three-year Diploma in Nursing (the course running from 1 September 2003-3 September 2006).
During his course, Mhakayakora applied for and received a full Nurse Training Bursary from the NHS Student Grants Unit for the three years, as well as some further course expenses totalling GB pound 18, 600.94. On completing his course he was registered by the Nursing and Midwifery Council.
False earnings prior to arrest
In November 2006, Mhakayakora used the same false Home Office letter when he applied to work as a qualified staff nurse in a private nursing home for learning disabled patients owned by Partnerships in Care. He was subsequently able to earn a total of over GB pound 66,000 in this job before being arrested in December 2008.
Concerns about Mhakayakora were brought to the attentions of the UK Border Agency after he applied for a travel document using the same forged Home Office letter. NHS Counter Fraud worked with the Agency in further investigations which ensured that the series of frauds against the NHS – and relating to Mhakayakora’s nurse training and practice – were duly prosecuted.
Also commenting on this case, Ginnelly explained: “Mhakayakora’s actions may mean someone else lost out on a place for nurse training at Thames Valley University. He also earned a considerable sum of money to which he was not legally entitled. It should be clear by now that we will detect and prosecute such offences.”
The NHS Bursary was GB pound 18,600.94, and Mhakayakora’s gross earnings at Partnerships in Care were GB pound 66,542.97 – a total of GB pound 85,143.91 defrauded.
21 months behind bars for Dube
A man who used a forged document to obtain an NHS bursary and train as a mental health nurse has been sentenced at Sheffield Crown Court to 21 months in prison for fraud offences following a joint investigation by NHS Counter Fraud and the UK Border Agency.
Ignatius Dube pleaded guilty to seven charges, receiving 21 months imprisonment for each, to run concurrently. The total value of the fraud was GB pound 70,683.60 of which GB pound 56,296.52 was defrauded from the state: the bursary of GB pound 18,980.76 and GB pound 37,315.76 in asylum benefits. The remaining amount of GB pound 14,387.50 was in earnings whilst he was employed with recruitment agencies.
In September 2006, Dube provided a forged Home Office letter to Sheffield Hallam University, which falsely stated he had been granted indefinite leave to remain in the UK from June 2004. In fact he had been refused asylum, and his appeal against the decision was dismissed in April 2005*. Dube enrolled on a 3-year degree course in Mental Health Nursing and applied for an NHS Bursary, which was awarded on the basis of the letter and his apparent settled status. His deception also led him to work for recruitment agencies based in Birmingham, Walsall, Sheffield and Rotherham.
Witness statements and further evidence
In September 2008, NHS Student Bursaries was told of Dube’s real status, which was confirmed by the Border and Immigration Agency (BIA). NHS Counter Fraud investigators obtained witness statements and other evidence of fraud against the NHS.
Dube was arrested and interviewed by North East Yorkshire and Humber Immigration Crime Team on 17 March this year.
At Sheffield Crown Court on 1 May, Dube pleaded guilty to seven charges:
- obtaining a pecuniary advantage by deception by earning remuneration while working for a recruitment agency in Birmingham
- obtaining a pecuniary advantage by deception by earning remuneration while working for a recruitment agency in Walsall
- obtaining GB pound 37,315.76 by deception from the Home Office by claiming he was destitute
- obtaining a pecuniary advantage by deception by earning remuneration while working for a recruitment agency in Sheffield
- obtaining a pecuniary advantage by deception by earning remuneration while working for a recruitment agency in Rotherham
- obtaining GB pound 18,980.76 by deception from the NHS in respect of a bursary
- possession of a false identity document with intent, namely a false French passport
Steve Guillon – operational fraud manager for NHS Counter Fraud in the East Midlands – told SMT Online: “We take this sort of fraud against the NHS very seriously. I would suggest the outcome of this case should act as a warning to others not to abuse the bursary system.”
*Ignatius Dube still has representations under the Human Rights Act which await judgment.
NHS Counter Fraud: all you need to know
NHS Counter Fraud – a service of the NHS Business Services Authority (NHS BSA) – was established to tackle fraud and corruption throughout the NHS and the Department of Health, whether it involves professionals, staff, patients or contractors. The organisation aims to create a lasting anti-fraud culture.
Over 300 professionally-trained and accredited Local Counter Fraud Specialists are in place covering every health body in England and Wales. They are supported nationally and regionally by the NHS CF. NHS CF investigations produced potential savings to the NHS of GB pound 7,565,014 during 2007-2008.
During that same period, the NHS CF successfully prosecuted 57 criminal cases with a 96% success rate.
To report any incident of suspected fraud in the NHS, info4security/SMT Online readers are urged to call the Fraud and Corruption Reporting Line on 0800 028 40 60.