Ex-student pleads guilty to charge of conspiracy to defraud University
Elnar Askerov and Jerome DreanA former York student and his accomplice have pleaded guilty to one charge of conspiracy to defraud the University, and will return to court next month facing potential jail terms.
Judge Stephen Ashcroft, who presided over the hearing at York Crown Court, said: “All sentences, including custody, will be considered,” adding that it was “an unusual yet serious case of dishonesty.”
Elnar Askerov, 22, from Azerbaijan, and his French accomplice Jerome Drean, 34, stood charged on Monday 21 January with 10 counts of fraud against the University of York, dating from January 2006 to May 2007. The pair pleaded not guilty to the nine other charges, relating to eight dates on which Drean is accused of impersonating Askerov in examinations. The men bear no physical resemblance to each other.
The fraud charge to which the pair pleaded guilty included charges of acquiring a University of York identification card with intent to defraud the University. Drean, who previously held senior positions in the investment teams of Credit Suisse and Bank of America, was also charged with two counts of possessing criminal assets totalling £20,000, believed to have been paid to him by Askerov, who now lives in London. Drean pleaded not guilty to both of these additional charges.
Both men were arrested at the University on 11 May 2007, when it is alleged Drean was caught impersonating Askerov in his final year Economics exam. University of York Press Officer David Garner declined to comment before the case is formally closed.
Defending Askerov, Alexander Cameron QC notified the court that his client “did not conceive [his actions] to be a criminal offence.” He added that the best outcome of the case would be that the legal position on academic misconduct would be clearer.
Both men spoke only to respond “guilty” or “not guilty” to the charges read against them. Askervov was impassive throughout the hearing while Drean was visibly agitated.
The case now proceeds to a further hearing in the week beginning February 25, at which the judge will deliver a pre-sentencing report. Both defendants had their bail extended until that date. Cameron requested that Judge Ashcroft sentence the pair during the hearing, and remove the need for the adjournment. “Is it in the public interests and the interests of the public purse to adjourn to a pre-sentencing report?” he asked the court.
Cameron, who travelled from London for the hearing, said that it was difficult to fit accusations of cheating in a university exam into the criminal justice system, and urged Judge Ashcroft to impose justice with a “financial penalty or unpaid work in the community.” Judge Ashcroft rejected this suggestion on the basis that it “would be eliminating certain sentencing options, and that he wanted to be confident he had read and considered all the material involved. Describing it as a case with “unique features” and “very few precedents,” he again refused to rule out any potential sentences.
In light of the guilty plea, the prosecution, lead by Simon Kealey QC, called on Drean to forfeit £16,000 to the court within 56 days. Drean had previously forfeited £4,000.
Few details of the pair’s relationship emerged during the hearing. It remains unclear as to why former investment banker Drean involved himself with Askerov.
This case follows a similar, though unrelated offence by another York student, Qiu Shi Zhang and accomplice Xian Zhang. They were convicted and sentenced for fraud after being arrested at the same exam in May.
The two Chinese students, who pleaded guilty to multiple fraud charges, were sentenced to 100 hours of community service each.
Both Askerov and Qui Shi were expelled from the University due to the severity of their offences.
YUSU Academic and Welfare Officer Grace Fletcher-Hackwood, commenting on the guilty plea, said: “We are pleased that this has been uncovered. If students are getting away with fraud it lowers the quality of degrees achieved by honest, hardworking students. If students feel that their exams are going to go badly and are so desperate they turn to such measures, they should seek help from their department or from us.”
