A callous son from Dundee who drained his elderly father’s accounts while acting as power of attorney in a “grotesque” breach of trust has been spared a prison sentence.
James Crossan emptied the savings of his ailing father, James Morrison Crossan, as well as using his war pension before his death.
Dundee Sheriff Court heard how Mr Crossan Snr, a former plasterer, was left so out of pocket his phone and TV services were cut off, meaning his community alarm would not have worked.
His son, aged 69, was at risk of a jail term after he admitted embezzling £46,000 between March 17 2015 and September 14 2018 at Dykehead Place and Reform Street.
Illegally drained accounts
The court was previously told how Crossan began stealing money from his father, a father-of-five, within days of being granted access to the accounts.
He ended up being fully housebound having suffered a stroke in January 2015 and required help with shopping and getting dressed.
Crossan Jnr was granted power of attorney in March 2015.
The elder Crossan had two accounts with Santander, with £4,442 for everyday use and just over £12,000 in a savings account.
Around £1,200, partly formed by a war pension, was added to the accounts every month but Crossan Jnr was withdrawing double that amount for himself.
He made withdrawals of £500 and the account was quickly drained without the bank taking action.
Prosecutor Douglas Thomson said previously: “The everyday account was falling into overdraft.
“Virgin Media withdrew TV and telephone services as bills were not being paid.
“This came to the attention of the complainer’s daughter.”
By August 2018, Mr Crossan Snr was left with just £873 in his savings account and a stop was placed on his son withdrawing any more.
Some of the money was used correctly but there was no physical evidence to cover £46,000.
Police were contacted in December 2018 and Mr Crossan Snr gave a statement to officers prior to his death on March 7 2019.
Sheriff considered 13 months in prison
The court was told on Tuesday how Crossan, of Hawkhill, is currently caring for his wife and was handed an alternative to a custodial sentence.
Sheriff Alastair Carmichael said: “In view of your current mental health and physical difficulties – and that you are carer for your wife who is undergoing radiotherapy and palliative care – I will impose a restriction of liberty order.
“It’s a serious matter, a grotesque breach of trust and I would normally be inclined towards a custodial sentence.
“The figure I had in mind would have been 13 months in prison.”
Crossan will remain indoors between 7pm and 7am for seven months as well as being ordered to perform 220 hours of unpaid work.
He will also be supervised for 12 months.
Family relief after ‘scumbag’ convicted
Mr Crossan’s daughter Jacqueline Stewart told The Courier her father had been left devastated by his son’s dishonesty..
She said: ““I am glad people will be able to hear the truth about what happened.
“My dad had suffered a stroke – he was in sheltered accommodation but after his phone was cut off, it meant his emergency community alarm was switched off too, so if he’d had a fall it would not have worked.
She added: “The money was savings and for a family member.
“It’s not about the money though – it is about what he did and justice being done.
“My dad was the most generous man.
“He was well known in Dundee, in particular the building trade as he was a plasterer.
“He worked all his days to make sure we had everything we needed as children.
“This has been a nightmare.
“I am glad people will know what a scumbag James Crossan is.”
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