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Prison sentence and disqualification for care home directors convicted of fraud by abuse of position (9 September 2016)

Date: 09/09/2016
Duncan Lewis, Crime Solicitors, Prison sentence and disqualification for care home directors convicted of fraud by abuse of position

The directors of a care home company have been disqualified, after an Insolvency Service investigation found they had stolen money from residents.

Thomas Gerald Atcheson and Linda Ann Atcheson ran Granby Lodge Care Home in Harrogate.

Between 2012 and 2014, they took sums of money totalling £45,010 from the residents of the care home.

On 11 July 2016, Mrs Atcheson gave an undertaking to the Insolvency Service not to manage or control a company for 13 years until 2029, from 1 August 2016.

On 14 July 2016, Mr Atcheson also gave an undertaking to the Insolvency Service not to manage or control a company for 13 years until 2029, from 4 August 2016.

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

The investigation found that, in 2010 – and following a period of ill health for Mr Atcheson – the company began struggling financially.

Over a period of two years, Mr and Mrs Atcheson misappropriated a total of £45, 010 held in trust on behalf of care home residents, for the benefit of the company.

Following an earlier and separate investigation by North Yorkshire Police into the misappropriation of the residents’ funds, Mr and Mrs Atcheson had been convicted on 5 February 2015 on nine counts of fraud by abuse of position.

They were sentenced to two years’ imprisonment – and on 25 February 2015, Mr and Mrs Atcheson were made subject to a Confiscation Order under the Proceeds of Crime Act (POCA) for £45,010.

Senior Investigator Rob Clarke, said:

“The Insolvency Service and The Department for Business will take firm action when we find that the behaviour of Company Directors falls short.

“In this instance, Mr and Mrs Atcheson abused a position of trust that had been granted to them, to accommodate the needs of people with learning difficulties in a domestic care setting.

“They misappropriated funds from some of the most vulnerable members of society over a sustained period of two years.

“This disqualification should serve as a warning to other directors who choose not to act properly.”

Duncan Lewis Fraud Lawyers

Duncan Lewis fraud lawyers can advise at any stage of an investigation or charge for fraud, including charges relating to rogue traders, financial fraud, company fraud, misrepresentation, fraud by abuse of position, investment fraud, Ponzi schemes and white collar crime.

There are Duncan Lewis offices nationwide and a criminal defence solicitor can usually reach a police station to advise on fraud charges within an hour.

Duncan Lewis can also advise on offences under the Fraud Act before charges are brought, as well as advising on the Proceeds of Crime Act and Confiscation Orders.

For expert legal advice on fraud charges, call Duncan Lewis fraud lawyers on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis 24-Hour Emergency Helpline on 0333 772 0607.


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