The former Connells branch manager, Thomas Kelly, who was sentenced earlier this week on fraud charges, is continuing to work in the industry.
He and business partner Alex Worton set up WortonKelly in West Bromwich – the same town where he worked for Connells.
Worton confirmed to EAT that Kelly is at WortonKelly, but declined to be drawn on further questions, including the possibility of a ban from the industry by the OFT.
While there is no suggestion that WortonKelly has done anything untoward, some local agents have expressed their disquiet.
On Monday, Kelly, 33, was sentenced to six months imprisonment suspended for 12 months as well as a community supervision order for six months, to include 180 hours of unpaid work.
He and his wife Samantha, who was given a six-month supervision order, had pleaded guilty to offences under the Fraud Act.
When at Connells, with his wife’s help, Kelly had bought and sold on three properties, making a profit of nearly £100,000, without declaring an interest. He had used forged documentation. Suspicion had fallen upon a colleague, but Kelly had forged his signature and had impersonated the employee in a phone call.
Kelly resigned from Connells after the OFT began its investigation, following an alert from Connells in late 2011.
A man resembling local newspaper photographs of Kelly, who reportedly wept in court when he realised he would escape jail, appears in a YouTube film promoting WortonKelly.
The OFT this week said that it never commented on whether it would bring action to ban agents, as is in its powers. There is generally a time lag between convictions and bans where it does decide to make a prohibition.
There is due to be a hearing for the confiscation of proceeds of crime later this year. The judge said it was the first time he had come across a case where a couple had already sold their principal asset, so there would be no problems recouping their ill-gotten gains.
Connells declined to comment on Kelly’s current business interests.
Comments
'scambusters inc' - what is there to comment?
According to the head story, the company that were inadvertently involved in this shameful escapade brought in the law. There's your 'self-policing' for you.
As to whether the person/persons involved are allowed to continue in Estate Agency - that is to be seen - and it is THE LAW which will determine that - not Agents.
What you need to remember is that you do not get 'justice' from a court - only a decision.
A 'court' of Agents can do nothing.
Decent Agents (the vast majority) will be disgusted with this but how many "hear. hears" do you want to read?
Why are so few agents interested in commenting on this alleged blatant abuse?
Don't they want to self-police or help clean up their act(s), their image?