A Cardiff solicitor who defrauded Cancer Research UK of £4,800 through false will-writing invoices has been given a suspended prison sentence. The court heard that the money could have paid for 48 biopsies.

Michael Fogg, 47, of Cyncoed, admitted fraud by false representation at an earlier hearing. At Newport Crown Court on Friday, he was sentenced to 10 months’ imprisonment, suspended for two years, with a 24-day rehabilitation activity requirement and 120 hours of unpaid work.

Fogg and his company, Trusting Willpower Ltd, joined the charity’s free will-writing service in 2021. The scheme, which the court heard had operated for 25 years, allows solicitors to charge the charity £120 plus VAT for an individual will and £170 plus VAT for mirror wills for couples.

The fraud emerged through the charity’s correspondence with people supposedly using the service. It sends thank-you cards to those pledging more than £100 in their wills. After 32 cards were sent to people Fogg said he had represented, some recipients said he had not prepared their wills.

On 6 July 2023, legal partnership manager Kelly Brooks raised concerns with counter-fraud manager Phil Sapey. Asked to explain, Fogg maintained that the individuals had instructed him to prepare wills.

Trusting Willpower Ltd invoiced the charity for £29,090. It paid £18,150 but withheld the balance pending clarification. Those figures were separate from the £4,800 fraud, which prosecutor Charles Archer said involved 40 invoices.

Checks revealed extensive problems with client details. Of 250 emails sent, 58 were undeliverable; nine respondents said they had not used Fogg’s services and did not live at the supplied addresses. Further enquiries concerning 260 wills brought eight confirmations that Fogg had provided the service, while 41 people said he had not. Investigators also found 172 invalid telephone numbers and 38 invalid email addresses.

The charity contacted police and Fogg was arrested. He denied fraud during his interview and otherwise declined to answer questions.

Archer described his conduct as an abuse of a solicitor’s trust and responsibility. Judge Carl Harrison said Fogg had used his professional position to fund his greed.

In a victim statement, Sapey said the charity received no benefit from the service and that the falsely claimed funds would otherwise have supported cancer research and people diagnosed with the disease.

Defence barrister James Tucker said Fogg was deeply ashamed. He cited his previous good character, family responsibilities as a parent, and health conditions including a brain injury, epilepsy, anxiety and depression. Fogg no longer works as a solicitor.