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The RCVS Disciplinary Committee has directed that the name of a veterinary surgeon who formerly practised in Norwich should be removed from the Register, having found him unfit to practise veterinary surgery following his Crown Court conviction for fraud.
During the one-day hearing, the Disciplinary Committee heard how Francisco da Cruz had abused his position whilst practising as a veterinary surgeon at Hellesdon Vets, his then workplace in Norwich, by defrauding a insurance companies of around £10,000 with fictitious claims for veterinary treatment on non-existent pets.
Following an investigation by the City of London Police's Insurance Fraud Enforcement Department (IFED), Mr da Cruz was convicted on five counts of fraud by false representation on 21 February 2013 at the Old Bailey in London, and later sentenced to eight months' imprisonment (suspended for two years) and 200 hours of unpaid community work; he was also ordered to pay just over £10,000 in compensation and costs.
Although Mr da Cruz had left the UK for Brazil shortly after his sentencing and was therefore not present at the hearing, the Committee was satisfied that he was deliberately evading the disciplinary proceedings, rather than being genuinely unable to participate in them, and so the hearing proceeded in his absence.
First accepting the copy certificate of conviction against Mr da Cruz as true, the Committee then had no hesitation in concluding that these convictions rendered him unfit to practise as a member of the veterinary profession. It found that the five counts of fraud were deliberate crimes of dishonesty, committed over a significant period of time and for significant financial gain. He had abused his position as a veterinary surgeon and abused the trust which the insurers placed in him as a professional.
Chairing and speaking on behalf of the Committee, Professor Peter Lees, said: "The Committee has no real confidence that there is no significant risk of repeat behaviour from the Respondent. His conduct subsequent to the criminal proceedings gives it no confidence that he has reformed himself to the extent that he will in the foreseeable future be fit to return to practice. So far from satisfactorily completing his criminal sentence, it appears that the Respondent has deliberately gone abroad to avoid doing so."
Bearing in mind that the purpose of any sanction it imposed was not to punish Mr da Cruz, but to maintain public confidence in the profession and uphold proper standards of conduct within it, the Committee concluded that the convictions were too serious to allow any sanction other than removal from the Register.
The full details of the Committee's decisions are available on the RCVS website (www.rcvs.org.uk/disciplinary).
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