David Foley, a 59 year old salesman with UK rental company Marsh Plant, was sentenced to eight months in jail for conspiracy to defraud his – now former – employer and ordered to pay Marsh £14,000 ($20,000). He was sentenced on 22 February.
Foley was found to have taken been diverting cranes on their way back to the depot to jobs that he had privately arranged on the side.
The prosecution centred on an incident in May 2001. A standard minimum 10 hour booking was taken for a one year old 35t Liebherr all terrain crane. Foley knew that this job would be completed by midday and arranged for the crane to do another job, moving wooden cabins at a caravan park, on its way back to the depot, without his employer knowing.
He was only found out when the crane toppled over when the ground supporting an outrigger gave way. Although no one was hurt, the boom assembly had to be sent back to Liebherr in Germany for repair at a cost of £31,000. Marsh also lost income from the crane for 63 days excluding weekends.
Foley had worked for Marsh Plant for 16 years and it was established in court that he had been taking money from the company in this way for at least 12 years, diverting cranes to private jobs on the way back to depots.
Stuart Tucker, the operator of the crane which toppled, was ordered to pay £1,675 or serve 45 days in prison for his part in the fraud.
After learning of the crane falling over, Marsh Plant initiated an inquiry which resulted in Foley and Tucker being dismissed for a gross breach of trust and the police were called in.
