The court heard that Cancer Research UK has been operating its scheme for 25 years, providing people with access to a free will writing service.
Solicitors employed through the scheme can charge the charity £120 plus VAT for an individual will and £170 plus VAT for mirror wills, which are wills which mirror each other which can be taken out by couples.
Prosecutor Charles Archer said Fogg and his company Trusting Willpower Ltd joined the free will service in 2021.
On 6 July 2023, Cancer Research UK legal partnership manager Kelly Brooks raised concerns to counter-fraud manager Phil Sapey about the defendant’s services.
The charity provides thank you cards to members who pledge more than £100 to Cancer Research UK in their will, but alarm bells rang when 32 cards were sent out to individuals that Fogg said he had drafted wills for.
Some of the people who received cards responded to say they had not had wills drafted by Fogg.
The defendant was asked for an explanation and he said he had received instructions to prepare wills on behalf of the individuals referred to.
Trusting Willpower Ltd invoiced Cancer Research UK for £29,090. The charity had paid £18,150 to the company but withheld the rest of the payments until clarification had been received.