Suspended sentence for OAP in £97,000 fraud

A court heard that Adrian Vaughan Jones, 71, had suffered two heart attacks and had cancer.

Jones, of Whitchurch Gardens, Chirk, was an engineer who ran his own consultancy business from industrial premises at Johnstown near Wrexham.

But prosecuting barrister Ben Douglas-Jones said that it emerged that he had used a number of false invoices and claimed VAT to which he was not entitled.

He admitted two charges of the fraudulent evasion of VAT, one charge of fraudulent evasion of income tax, and a charge of fraud between 2006 and 2013 over the corporation liabilities of Design Realisation Consultants, of which he was the sole director.

Judge Niclas Parry, at Mold Crown Court, told him: "You will understand that you have admitted a serious matter that involved the quite deliberate and a significant fraud against the public purse."

The court heard fraudulent activity went on for seven years, it was sophisticated, and involved an innocent member of staff to facilitate his fraud. It was a high culpability case with a three-year starting point for cases between £20,000 and £100,000 – which meant his case was at the top end of the bracket.

There was a sentencing range up to four years – and his case was aggravated by the fact that there were a number of false declarations. But he had pleaded guilty, was a man of good character, he had worked hard for many years, was an educated man held in high regard, who had carried out exceptional voluntary and humane work.

"I cannot ignore that you are aged 71, currently suffering from cancer and who has suffered two heart attacks," the judge said.

While a prison sentence was fully justified, Judge Parry said that the court could properly in the circumstances extend mercy and the public would understand that.

He handed Jones a two-year prison sentence suspended for two years. Jones was also ordered to carry out 300 unpaid hours in the community.

He was also made the subject of a 7pm to 6am tagged curfew for the next four months.

Judge Parry also publicly commended four members of staff from HMRC for their work in what had been a complex investigation.

The court heard how anomalies were spotted during a review of files, and it emerged that a series of false invoices had been used in order to reduce his tax liabilities. A total of 22 false invoices had been identified.

Jonathan Duffy, defending, said the defendant was highly regarded and had made a valuable contribution to the business community in North Wales throughout his life.

He had lost his reputation and the proceedings had ruined him financially. The defendant was not in good health and the offences occurred in circumstances where he gave way to an inability to see any viable alternative. Mr Duffy asked if exceptionally his client could "by the skin of his teeth" avoid immediate custody.