A sophisticated solicitor who spent the final five years of a twenty-five-year legal career acting dishonestly by unlawfully amending client Wills and stealing over £200,000, has been jailed for four years and two months.
Mold Crown Court was informed that between 2010 and 2016 defendant, Peter Charles Davies, acted dishonestly, stealing £241,000 from unsuspecting clients and beneficiaries.
Having been placed in the trusted position of Lasting Power of Attorney (LPA) for client and former headteacher, Albert Alun Williams, Davies began the assault on his newly gained power by utilising the access to his client’s money for his own means.
This started by making a £1,900 payment to himself through the use of a cheque.
When Williams died shortly after this, Davies delayed the probate application so he could elongate his crime spree by taking out large sums of money on a daily basis, often in excess of £300.
To retain control of the estate after the death of his client, Davies changed the Will, naming himself as sole executor.
It was only when beneficiaries started questioning the delays to their inheritance that Davies acted on administering the estate.
However, this was once again a fraudulent act. In order to finance the £100,000 inheritance due to Mr Williams’ beneficiaries, Davies changed the Wills of both Gladys May Mosley and Emily Phillips Jones.
In addition to the modest income his former employers Elwyn Jones and Co of Bangor paid the trusted probate specialist, it is speculated that Davies supplemented his income by pilfering almost £48,000 per year.
Despite working for the firm since 1993 and holding the trusted position of signatory to the firm’s client account, the trust in Davies started to deteriorate, and towards the end of his tenure his employers launched an internal investigation into the irregularities that were mounting up.
At this point, he submitted a false Will to the probate office to cover up his tracks.
Having been convicted of fraud and abusing his position, an investigation under The Proceeds of Crime Act will take place to determine the assets that can be forfeited in order for victims to recoup their losses.
This could mean that Davies’ family home could be withdrawn from his ownership. Whilst the implications for Davies’ family could be just as severe as the destruction he left through his dishonest actions, it is unknown why Davies went down the path he chose.
Although the defence claimed that the money was needed to repay debts and his actions were that of a desperate person, the quiet family life he lived suggest otherwise.
Judge Rhys Rowlands, Presiding Judge, commented:
“You held a position of responsibility and trust as a solicitor, employed by a well known and respect firm since 1993.
“Over a five year period until the Spring of 2016 you betrayed the trust placed in you by your employers and your clients whose affairs you handled.
“Quite what you did with all that money, only you know. But the overwhelming inference is that it was not expended on every day living expenses or debts. The effects on others have been profound.”
John Wyn Williams, defending barrister, said:
“He has asked me to apologise to the firm of solicitors for bringing their good name in to disrepute and to his fellow colleagues. The anguish he caused must have been great.
“He has also asked me to publicly apologise to the families affected by his dishonesty.”
Subsequently, £44,000 has been repaid to his victims since initial questioning in 2016. Whilst Davies is quick to repent for his actions, the debris and destruction left behind, especially to a firm whose reputation has been shattered, has been considerable.
How damaging are dishonest acts like this to the Wills and estate planning profession?
