Wednesday 24 February 2016

Care Agency Couple Convicted Of Running Multi-Million Pound Firm That "Exploited" Illegal Workers

A couple who ran a multi-million pound care agency, which employed "exploited" illegal workers who flouted and overstayed their visas, were convicted of breaching immigration law yesterday.

The Mauritian-born husband and wife team had a lucrative contract with Sutton Council that alone was worth £500,000 to their illegal operation and in just three years their bank account was swelled by payments totalling £2.5m.

Police chief's daughter Saraspedy Caussyram, 54, and her husband, nurse Mahendrasing Caussyram, 51, of Burdon Lane, Sutton were the bosses of CareFirst 24 Limited, which provided round the clock healthcare to the sick, disabled and elderly.

Prosecutor Mr. Andrew Evans told the Croydon Crown Court jury: "Their company employed overseas workers as self-employed contractors who worked as nurses and carers in order to service the company's lucrative private and public sector contracts.

"A significant number of these workers were working illegally beyond the terms and conditions of the visas that permitted them entry to the UK.

"The Caussyram's were responsible for ensuring those working under their remit were doing so legally. Instead they facilitated illegal working practises by continuing to allow them to work once their visas had expired"

Mrs Caussyram, a former midwife oversaw domestic care and Mr. Caussyram the nursing side of the business.

They were arrested after a Home Office investigation, which discovered the London Borough of Sutton paid their company half a million pounds for care provision between June 1, 2007 and January 13, 2013.  

The company's annual profits were between £123,585 and £393,793 and was run day-to-day with the assistance of Mauritian and Filipino managers.

"The rates of pay were not very good nor were the hours in particular instances. Some workers were live-in carers working twenty-four hours per day seven days a week," added Mr. Evans.

"There was a significant mark up in the rates charged to public sector clients when compared to the rates paid to carers"

Mr. Caussyram was described as "forceful" when insisting to his managers the work was lawful.

The investigation found 54 carers - mostly Filipino's - under CareFirst 24 were overseas nationals subject to visas and were working illegally either overstaying or not permitted to work a self-employed.

None of them paid tax or National Insurance contributions.

"The fact that tax was not paid on earnings was something foreseeable by the defendants as a consequence of the arrangements they put in place for their illegal workers," added Mr. Evans.  

CareFirst 24 provided services for Woking and Walton hospitals in Surrey, Surrey Primary Care Trust and Surrey County Council as well as Merton and Sutton councils.

"If local authorities had known that CareFirst 24 was providing services via carers not working lawfully in the UK…..those services would have been terminated and no further payment made."

The company was registered with regulator The Care Quality Commission, but the organisation was not told workers were all self-employed.

After their arrests the couple told investigators it was up to the company's management team to check the immigration status of the workers.

"There is clear compelling evidence that CareFirst 24 was engaging migrant workers on a self-employed basis in breach of their visas and or after their visas had expired.

"Equally clear is that the directors of CareFirst 24 undertook an active role in the recruitment of such workers and in controlling the company's position as regards the legality of their working on its behalf.

"CareFirst 24 provided Mr. and Mrs Caussyram with a significant income and it may be that for the exploitation of these overseas workers, who often worked long hours and were paid considerably less than the rates at which the services were charged, their income would not have been so great."

The couple were both convicted unanimously by the jury of facilitating breaches of immigration law between January 1, 2011 and January 6, 2013 by engaging visa overstayers to work in the UK.

Mr. Caussyram alone was convicted of breaching immigration law between the same dates by engaging self-employed workers contrary to their visa restrictions.

Their accountant, Omid Nabbey, 37, of Hartley Down, Purley - boss of Apple Payroll Solutions - who the prosecution claimed assisted the couple laundering their profits - was acquitted halfway through the trial. 

The couple were bailed until April 8 for sentencing and Judge Peter Gower QC told them: "I want to make absolutely clear I have not determined the type of sentence I have to impose.

"It may be immediate custody for one or both of you or it may not."

There is no suggestion of sub-standard care provided by their staff.

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