Faversham dad in 'total shock' as son steals £23,000 while working for him at Folkestone family business
05:00, 04 September 2022
A lying fraudster fleeced tens of thousands of pounds from his own dad in an intricate scam - only to be caught out following an email blunder.
Michael Humphery-Smith, of Boughton Under Blean near Faversham, plundered £23,000 while working for father Nicholas’ beloved family business in Folkestone.
But the 43-year-old’s heartbreaking ruse was blown apart when he accidentally sent his father a fraudulent bill, clearly revealing the foul play.
Nicholas Humphery-Smith told of his “total shock” after realising he was being conned by the man he once described as “my best friend, my partner and my son”.
Nicholas employed Humphery-Smith as a sales manager for memorabilia firm Ancestors of Dover, but his performance began to nosedive, Canterbury Crown Court heard.
Humphery-Smith denied committing fraud by abuse of position, but a jury unanimously found him guilty on August 18.
Jurors heard Nicholas employed his son as a sales manager for Ancestors which, by 2017, boasted a 20-strong workforce and £1.5 million turnover.
"The business was being secretly diverted, siphoned off by this defendant...”
Early that year, Ancestors planned to strike out into uncharted waters, selling branded stationery and keyrings, with Humphery-Smith at the sales division’s helm.
But Nicholas would soon find himself bewildered as that side of the business flagged and Humphery-Smith’s performance faltered.
“They couldn’t understand why their sales were so poor. Ancestors considered pulling out of the market altogether,” prosecutor Richard Milne told the court.
“The reason it was so poor is all the business was being secretly diverted, siphoned off by this defendant.”
Humphrey-Smith was quietly running roughshod over his employment contract, by setting up rival memorabilia firm Burnt Toast Solutions, jurors heard.
“I thought ‘what has he been doing, why is he doing this, is this why we don’t have the sales?’..."
After Ancestors sold collectibles to some customers, Humphrey-Smith would send bills under his new company name, Burnt Toast, to divert payments.
But in September 2018, a rushed and flustered Humphery-Smith accidentally emailed a bogus invoice to Nicholas.
“I opened the email. I didn’t notice the name immediately, and saw the price. I printed it out, and that is when I went into total shock because I saw not Ancestors, but Burnt Toast Solutions,” Nicholas said.
“I thought ‘what has he been doing, why is he doing this, is this why we don’t have the sales?’
“He was taking our business away from us.”
Nicholas told jurors he soon unearthed “hundreds and hundreds” of damning emails in Humphery-Smith’s inbox, where he appeared to promote Burnt Toast and urge customers to use its services.
One email read in court said: “I have recently set up a new side business - please find a lower quote.”
Nicholas explained days later he suspended his son from the business, who “stormed off after handing over the phone, returned, and asked for some cash for the bus.”
Representing Humphrey-Smith, Paul Hogben accused Nicholas of “lies,” during cross-examination.
“You’re not trying to put on an act that you're somehow the loving father who is betrayed by his son?” the lawyer said.
“He is my son, I am his father,” Nicholas replied.
“I’m going to suggest to you that you don't care about Michael and you haven't cared for many many years,” Mr Hogben said.
“I think that’s a lie,” said Nicholas.
Humphrey-Smith, of Burnt Oast Road, was released on conditional bail and will be sentenced later this year for his offending, which occurred between November 2017 and September 2018.
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