A Perth lawyer has been sentenced to seven-and-a-half years jail for
stealing almost $2 million from her clients, including an elderly woman
in a nursing home and the beneficiaries of a deceased estate.
Mother-of-three Helen Marie Tolson, 45, took the $1.96 million from
trust accounts between September 2013 and August 2017, and used it to
bolster her husband's business, pay off personal debts and buy two new
cars.
At the time Tolson was working for her father's law firm and
the District Court was told she falsified records to try to cover up
her crimes.
Almost $978,000 was taken from a trust account
belonging to a woman in a nursing home, while most of the other money
was stolen from the estate of a deceased woman.
At one point she
was questioned by a relative of one of the beneficiaries of the estate
about where their money was, and she told them a false story that it was
invested in two bank term deposit accounts.
When the relative
insisted that the money be paid to them, Tolson made up another false
story, claiming it had been stolen by bank employees.
She then
wrote a letter pretending to be from a bank lawyer saying that the
matter was being investigated, but when the relative called the phone
number that was provided, he realised he was actually talking to Tolson
and went to the police.
'Horrific breach of trust'
Tolson's
barrister, Sam Vandongen SC, said his client fully understood the
gravity of what she had done, including the falsification of records,
which he said had been done "to stave off the inevitable".
He
submitted that unlike other cases, her theft did not involve drugs or
gambling, but was an attempt to fix the family's financial issues.
However,
in taking the path she had chosen, Tolson had "made the choice to act
dishonestly by stealing from a source that was readily available to her
…"
Mr Vandongen said all of the stolen money had been repaid,
partly by Tolson's father, whom she planned to reimburse, and partly
from the sale of her family's house.
State Prosecutor Peter
Phillips described the offences as "some of the worst" that a lawyer can
commit, describing them as a "horrific breach of trust".
Judge
Belinda Lonsdale accepted that Tolson was deeply ashamed and remorseful,
saying from the evidence before her, she generally presented as a
person with "a big heart" who was always willing to help.
Judge
Lonsdale said it appeared Tolson had been motivated by a desire to ease
the financial pressures on her family, but she also said there was "an
element of greed" because some of the funds were used to ultimately
benefit herself.
A particularly aggravating factor was Tolson's
theft from an elderly woman in a nursing home — something she described
as "despicable behaviour".
"… Those who take advantage of the elderly will be dealt with by severe punishment," she told Tolson.
Tolson
pleaded guilty to nine stealing charges in total and will have to serve
five-and-a-half years in jail before she can be released on parole.
Bookkeeper charged with stealing $3.5 million
In
a separate case, a woman has appeared in court charged with more than
100 counts of stealing a total of $3.5 million from her employer.
Moe Moe Myint Kelly is facing charges of stealing from the Northbridge business over several years, starting in 2011.
The East Perth woman is facing 115 charges in total.
It
is alleged the 61-year-old committed the offences when she was the
bookkeeper for the business and was responsible for banking.
Speaking outside court, she indicated she would be pleading not guilty.
Ms Kelly is due to appear in court again on January 8.
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Perth lawyer jailed for seven-and-a-half years for stealing almost $2 million from clients