£200,000 confiscated from embezzler
From: Crown Office
Crown Office and Procurator Fiscal Service
News Release
3 February 2012
£200,000 CONFISCATED FROM EMBEZZLER
At Edinburgh Sheriff Court today, a Confiscation Order for £200,000 was made against John Lamberton (DOB 21.10.1954).
Lamberton, from Edinburgh, was found guilty in 2005 of embezzling £410,000 from his late aunt's stock and shares. He was also found guilty of non-payment of tax and non-payment of a half-share of his aunt's estate to his brother. He was sentenced to five years' imprisonment (reduced from seven after appeal against sentence).
Lamberton was extradited from Spain where he had fled following being indicted, and was convicted after a four-week trial.
Lindsey Miller, Head of the Serious and Organised Crime Division (SOCD) and the current POCA champion, said:
"This was a despicable crime and a breach of trust carried out by John Lamberton against members of his own family. He betrayed his own brother and the wishes of his late aunt, to whom he claimed to be very close.
"He pretended to be a loyal nephew but his later actions revealed he had designs on her fortune.
"We are satisfied that this £200,000 confiscation order represents the amount of money available to us at this time.
"Today's result brings to an end these protracted proceedings. The message is a clear one; fleeing from Scotland, and investing in property abroad does not protect criminals from the wide ranging powers available to the Crown and law enforcement under the Proceeds of Crime Act."
Ends
Notes for Editors
1. At Edinburgh Sheriff Court, John Lamberton was charged on Sheriff & Jury Indictment containing three charges; embezzlement of his late aunt's stocks and shares to the value of £410,000; non-payment of inheritance tax of £9,583.39; non-payment of half share of late aunt's estate to his brother James. Lamberton absconded to Spain and was later extradited to this country to stand trial. The Sheriff and Jury trial at Edinburgh Sheriff court in July 2005 took four weeks. Lamberton was found guilty and sentence remitted by Sheriff Liddle to the High Court. Lord Dawson sentenced the accused John Lamberton to seven years' imprisonment. On 18 May 2007 the appeal court dealt with the appeal against sentence. The sentence was quashed and the Appeal Court imposed a period of five years to date from 04/11/03 (the date on which he first appeared having been extradited from Spain). On 2 September 2009 the appeal against conviction was refused.
2. A Confiscation Order is an order made by the court following criminal conviction, to pay a fixed sum of money from the proceeds of crime. An application for confiscation is one of the tools at the disposal of the Crown under the Proceeds of Crime Act 2002 and Proceeds of Crime (Scotland) Act 1995.
3. The Serious and Organised Crime Division works together with colleagues at the Civil Recovery Unit, and other law enforcement agencies, such as the Scottish Drugs Enforcement Agency, UK Police Forces, HM Revenue and Customs and Department for Work & Pensions (DWP) to identify and recover the proceeds of crime.
4. Proceeds of Crime legislation is also used by the Civil Recovery Unit acting on behalf of Scottish Ministers. The Civil Recovery Unit investigates and recovers the property realised through criminal activity of individuals, in the civil courts without the need for criminal conviction.
5. Money recovered under the Proceeds of Crime Act is invested by Scottish Ministers in community projects aimed at alleviating the effects of crime. To date, more than £44 million has been invested in a range of activities for young people through the CashBack programme. Details can be found at http://www.scotland.gov.uk/cashback
6. The Crown Office and Procurator Fiscal Service is a committed member of the Scottish Government's Serious Organised Crime Task Force. The Task Force has a remit to pursue serious organised crime in all its forms by bringing together all agencies involved in tackling organised crime groups. Task Force members include the Cabinet Secretary for Justice, the Lord Advocate, representatives from COPFS, the Scottish Government, ACPOS, SCDEA, HMRC, SOCA and SPS. Details of the work of the Taskforce can be accessed here: http://www.scotland.gov.uk/Topics/Justice/crimes/organised-crime.
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