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[News] Crooked Hove solicitor Paul Arscott's lenient sentence for fraud



marlowe

Well-known member
Dec 13, 2015
4,285
I couldn't help notice the disparity in the sentencing of solicitor Paul Arscott compared to that of his legal secretary who was convicted of similar offences in 2011.

Leanne Harris was a legal secretary working for Arscotts Solicitors and was sentenced to 4 years in prison for defrauding elderly clients in 2011.

At the time Paul Arscott expressed outrage at her behaviour. However shortly after her conviction Paul Arscott himself started to defraud elderly clients and was today given a suspended sentence of two years.

Given his position as a solicitor compared to hers as a legal secretary, surely he had a greater duty of care and betrayed a greater trust than she did. It was also particularly cynical that he was defrauding clients within a year of his secretary being convicted for that very same offence.

Judges seem to believe that the more respected and elevated one's position, the loss of reputation is sufficient enough punishment when that person is convicted of a crime meaning those with most privileges and a lesser need to commit crime usually escape punishment when convicted.

https://www.theargus.co.uk/news/17223291.hove-solicitor-paul-arscott-stole-from-pensioners/

https://www.google.co.uk/amp/s/www.theargus.co.uk/news/9497108.amp/
 
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LlcoolJ

Mama said knock you out.
Oct 14, 2009
12,982
Sheffield
It's all about money.

He repaid the money (or most of it) so that's all ok. Disgusting as it may seem, had he attempted to defraud them for more but failed, he'd probably have been sent down.

Because he was able to pay the money back, he walked. British Justice.
 


sydney

tinky ****in winky
Jul 11, 2003
17,965
town full of eejits
It's all about money.

He repaid the money (or most of it) so that's all ok. Disgusting as it may seem, had he attempted to defraud them for more but failed, he'd probably have been sent down.

Because he was able to pay the money back, he walked. British Justice.

Hasn't the establishment become a grubby , unfathomable ,self serving entity........all about the money , a chav would get locked up for 3 years for growing weed in the attic but Mr.Farqhuarson can defraud all and sundry and walk away because he paid it back ........he only paid it back because he got caught. He's still , in essence , a thieving prick.
 




studio150

Well-known member
Jul 30, 2011
30,217
On the Border
Judges seem to believe that the more respected and elevated one's position, the loss of reputation is sufficient enough punishment when that person is convicted of a crime meaning those with most privileges and a lesser need to commit crime usually escape punishment when convicted.

That is your view, but if you looked further into the issue you would find that judges are tied to sentencing guidelines, where the starting point and range of sentencing is laid out. In these cases, it is determined by the amount of money that was obtained, and the harm that loss of money caused, combined with the usual discount on how early the accused admits their guilt.
Based on the sentencing guidelines the judges have acted accordingly.
 








Gwylan

Well-known member
Jul 5, 2003
31,823
Uffern
A few weeks ago, I mentioned how my dad's best friend, a solicitor, robbed my dad's estate - as well as cleaning out at least half a million from other clients. I bemoaned that he got a suspended sentence, whereas some herbert from Scoomb would probably get a stiff jail term for stealing that much.

Weststander posted that sentencing guidelines had changed since then and in every case a solicitor would get a long jail sentence. As we can see, things haven't changed at all. It's a poor state of affairs.
 








Stat Brother

Well-known member
NSC Patron
Jul 11, 2003
73,888
West west west Sussex
But she was sentenced to lady jail, and as we all know that just one big pajama party, with lots of pillow fights and an excessively large amount of jelly.

Not exactly a hardship.
 




timbha

Well-known member
Jul 5, 2003
10,499
Sussex
I am sure a Paul Arscott used to play for Albion reserves.

He played local football, Shoreham, and didn’t particularly excel at that either.

I guess the issue here is that they couldn’t prove he had stolen from any others. Shame his house wasn’t re possessed.

Wonder what his next venture will be (after picking up dogs sh** in Hove Park!!)
 




The Kid Frankie

New member
Sep 5, 2012
2,082
Pity he hasn't ended up behind the door for a bit.

I used to speak to Arscotts occasionally on business and everyone I spoke to were so over the top unpleasant it was almost a joke.

Will never forget the day I phoned in and the absolute dragon on reception answered the phone and told me they were going into liquidation. I just about kept my composure and said something along the lines of 'oh what a shame' when inside I was doing a conga and letting off party poppers. The temptation to literally laugh down the phone was overpowering.

Either way karmas a bitch. Hopefully a relative of one of the elderly patients Arscott defrauded catch up with him.
 




marlowe

Well-known member
Dec 13, 2015
4,285
That is your view, but if you looked further into the issue you would find that judges are tied to sentencing guidelines, where the starting point and range of sentencing is laid out. In these cases, it is determined by the amount of money that was obtained, and the harm that loss of money caused, combined with the usual discount on how early the accused admits their guilt.
Based on the sentencing guidelines the judges have acted accordingly.

Looking at the Sentencing Councils website his offence comes under the category of "High Culpability" as his crimes matched the following criteria:
Abuse of position of power or trust or responsibility
Fraudulent activity conducted over sustained period of time
Deliberately targeting victim on basis of vulnerability

Surely high culpability deserves a higher sentence. What sentence is given to those in the medium and low categories of culpability?

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/fraud/
 


BNthree

Plastic JCL
Sep 14, 2016
11,443
WeHo
Can the CPS/prosecution go to Appeals court to have the sentence looked at?
 




Gwylan

Well-known member
Jul 5, 2003
31,823
Uffern
Can the CPS/prosecution go to Appeals court to have the sentence looked at?

Yes, but there have to be good grounds for an appeal - they can't just say that it should be a heavier sentence.

They'd have to show that the judge misunderstood the law or didn't take certain factors into account.
 




BNthree

Plastic JCL
Sep 14, 2016
11,443
WeHo
Yes, but there have to be good grounds for an appeal - they can't just say that it should be a heavier sentence.

They'd have to show that the judge misunderstood the law or didn't take certain factors into account.

Thanks for the explanation.
 


Weststander

Well-known member
Aug 25, 2011
69,201
Withdean area
Arscott DID NOT borrow the money. He stole the money, admitting theft and fraud. He only paid it back once caught.

I'm very surprised that he wasn't jailed, convicted solicitors or their convicted staff invariably are jailed for this these days.

His legal career is over, he'll never be permitted to work in the profession again.
 


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