On 5 February 2010 it was announced that Devine was to be prosecuted over his expense claims. The former Livingston MP initially faced two charges under section 17 of the Theft Act 1968 of false accounting. The first charge alleged that between July 2008 and April 2009 Devine dishonestly claimed £3,240 for cleaning services using false invoices. The second charge alleged that in March 2009 Devine dishonestly claimed £5,505 for stationery using false invoices. He denied the charges, though in a live Channel 4 interview when questioned: "So you got a receipt from somebody you were paying as a member of staff, and submitted it as stationery?" by journalist Krishnan Guru-Murthy, Devine replied: "Yes. This was allowed at the time."