3 days ago
Spared jail, architect who stole £160k from sister with dementia to fund holidays and dental work
A greedy businessman embezzled more than £160,000 from his sister and splashed out on holidays and private dental work.
David Bell stole the cash from dementia sufferer Janet Mann after he and his wife had been given power of attorney over her affairs.
The 67-year-old architect splashed out in exclusive stores, on beauty therapy, dental work and holidays in Cuba and the US.
Bell pleaded guilty at Edinburgh Sheriff Court last month to embezzling £160,998 while acting in the capacity of power of attorney between April 24, 2012 and January 15, 2020.
His wife, Elizabeth Bell, 73, had a not guilty plea accepted.
Bell returned to the dock for sentencing yesterday when solicitor Dan Cameron, defending, said his client was in a position to repay the embezzled cash.
Sheriff Fergus Thomson told Bell: 'You were in a position of trust in respect of this lady and you embezzled funds. But withstanding what has been said and that you are a first offender and you are willing to repay these funds I am persuaded by a narrow margin there is an alternative to custody here.'
Bell was placed on a community payback order and must carry out 225 hours of unpaid work. The sheriff also imposed a compensation order requiring Bell, from Edinburgh, to repay the cash within a year. Prosecutor Eilidh Grant told the court Ms Mann had returned to Scotland after living abroad following the death of her husband in 2011.
She was later diagnosed with dementia and Bell and his wife were given 'full control' over her assets and bank accounts.
Ms Mann, described as 'a rather wealthy individual with a large number of assets', moved into a care home before later relocating to a nursing home in Edinburgh.
The court heard Bell subsequently asked Edinburgh City Council for assistance in paying for his sister's care in 2018.
An investigation was conducted by council officials due to 'concerns over the management of her [Ms Mann's] estate'.
Ms Grant said the investigation had found the 'spending had not been for her benefit but for the benefit of the accused' and the couple were 'found to be unfit to be power of attorney'.
The couple 'surrendered the power of attorney' in December 2019 and the case was then passed on to Police Scotland.
The fiscal said one account had seen 'a significant turnover in funds' with £976,151.61 being transferred out and over £1million transferred in' between October 2012 and April 2018.
The court heard the probe had found £50,000 had been transferred to Bell's business account and a further £8000 had been paid into another of his accounts.
Bell had used a second account to make payments to 'Costco, Arnold Clark, John Lewis, Debenhams, Jenners, for beauty therapy and dental work'.
Ms Grant said '£25,000 had been identified for holidays, restaurants and purchases abroad' as well as ATM cash withdrawals in Cuba, USA and Europe.'
She added: 'In addition other lump sum payments of over £6000 were paid directly into an account belonging to Mr Bell.'
Bell is listed as a director with Fouin and Bell Architects, The Earthy School Project, Hopefield Partnerships Ltd, Fouin and Bell Energy Ltd and Zephyr Wind Energy (UK) Ltd.
