Friday, March 26, 2010

Judge: No "Clanging Of The Prison Gates" For POA-Abusing Lawyer Who Swindled Ailing Mom, Stiffed Nursing Home; Upcoming Afghan Gig Earns Him Free Pass

In Guildford, Surrey (United Kingdom), the Telegraph reports:

  • Paul Mowbray, 38, who works as a solicitor, admitted draining more than £10,300 from his mother's bank account after she was admitted to a care home and gave him control of her finances. Judge Peter Moss told Guildford Crown Court such cases normally demanded a prison sentence but said he would not even force Mowbray to do community service because of his service in Afghanistan would be so testing.

  • The court was told the former lawyer, a long term member of the TA [Territorial Army] and currently training to become a regular soldier, abused his position holding power of attorney over his mother's affairs.

  • Leila Gaskin, prosecuting, said Mowbray began his crime after Sigtrud Mowbray, 87, went to stay in a care home, Esher, in 2007 after she had a fall and broke her hip. When Mowbray failed to pay the £92,000 bill, social services were contacted and officials discovered large amounts of money had been leaving her account, so they contacted police. The court heard the defendant had been taking an average of £1,400 a month from his mother's account.

  • Judge Moss said: "Normally a solicitor committing this sort of offence could expect to hear the clanging of the prison gates. "But no amount of unpaid work imposed by this court could match those conditions." Mowbray, a lance sergeant with the honourable artillery company, had originally denied fraud but later changed his plea.

  • The court was told that Mowbray, from Leatherhead, Surrey, had already repaid £7,752 and he was ordered to repay the balance of £2,643, plus £1,200 in costs.

Source: TA sergeant stole £10k from mother (A Territorial Army sergeant who stole over £10,000 from his mother was given a conditional discharge because a judge said no penalty could compare with his upcoming stint in Afghanistan).

No comments: