Solicitor who defrauded clients of 拢85k avoids prison term
McAleese had previously pleaded guilty to four counts of fraud
- Published
A County Antrim solicitor who defrauded clients out of 拢85,000 in an effort to sustain her business after the property crash has avoided being sent to prison.
Mary McAleese, 65, had her 15-month jail sentence suspended for three years by the judge at Belfast Crown Court.
McAleese, of Frys Lane in Ballymena, had previously pleaded guilty to four counts of fraud by abuse of her position as a solicitor.
She was the sole trader at Belfast-based legal practice O'Toole & MacRandal, the court was told.
'Full admissions' made
During the property crash in 2007 and 2008, McAleese's business got into financial trouble.
At this time, money was removed by McAleese from the client account and put into the office account to keep the business afloat.
A total of 拢85,000 was taken from the client account, the court heard.
Three of the charges related to monies due from family estates.
The fourth charge involved a client who was told by McAleese that an insurance company had offered her a 拢2,500 settlement for her civil claim when it was in fact settled for 拢12,500.
McAleese was removed as a solicitor in June 2018 after an audit of her books in 2016 by the Law Society and an independent firm of accountants.
The injured parties had already had their money paid back by the Law Society.
During a police interview in August 2022, McAleese made "full admissions" to the frauds.
A defence barrister said that McAleese's husband has paid 拢30,000 to the Law Society and is buying her 拢40,000 share in the family home.
On Friday the court heard that another relative had raised a further 拢35,000, which is to be lodged with the Law Society.
'Breach of trust'
The judge said McAleese was the sole solicitor in relation to a number of estates of deceased people and this case was one of a "breach of trust".
"The public reposes great trust in solicitors to deal with their cases in a prompt and appropriate manner,'' said the judge.
"In particular they should be honest when they come to handling large sums of money which go through their client account.
"There is a high degree of trust reposed when a solicitor is operating in a fiduciary basis.''
The judge added that the prosecution accepted that McAleese did not take the money for a "high life" and because of the fraud she was left bankrupt and the company failed.
The judge noted there was a delay of eight years in bringing the case to court but he accepted that the defendant was not to blame.
Considering McAleese's personal circumstances, her early admissions and her previous clear record, the judge said it was an "exceptional" case and suspended the 15-month sentence for three years.
The judge warned that if the defendant was to commit any further offence in the next three years she would be brought back to serve the 15-month sentence.