A Tayside car dealer convicted of a £100,000 fraud in a desperate attempt to keep his business afloat has vowed to clear his name.
Murray Wilkinson was previously found guilty of fraudulently obtaining the cash from the Energy Savings Trust (EST).
The Auchterarder businessman applied for a loan with the independent body – which receives UK-wide government funding – after claiming he had purchased three hybrid electric vehicles for his company, Cars and Vans 2 Rent Ltd.
The business had been suffering from cash flow problems at the time and he was found guilty of sending bogus invoices in order to obtain the money.
Wilkinson will now be wearing an electronic tag for the next year but he intends to appeal against his conviction, while “repaying this figure which was obtained as a legitimate business transaction”
Guilty after trial
Jurors found Wilkinson guilty by a unanimous verdict of fraudulently obtaining the money by submitting forged invoices, with the truth being he had not purchased the vehicles.
The offence was committed between August and October 2016.
Wilkinson, 60, appeared at Stirling Sheriff Court for sentencing following the preparation of social work reports.
Defence counsel Gordon Jackson KC said after discussions with the Crown Office about Wilkinson’s repayment plans, proceeds of crime action would not be lodged.
Mr Jackson said: “It’s not an individual waiting on their money back, it’s a body, but I appreciate it is still serious.
“He hoped to save his business and did start to repay it.
“Whether or not that was naive I don’t know but he is hoping to repay it.”
Sentencing
Sheriff John MacRitchie imposed a compensation order for £95,772 with more than £64,000 of that to be paid within six months.
The money will come through the release of Wilkinson’s pension fund.
The remaining £30,000 plus will be paid at a rate of £1,200 per month.
Wilkinson was also made subject to a restriction of liberty order to remain indoors between 7pm and 7am each night for the next 12 months.
These were imposed as a direct alternative to a prison sentence.
“I accept you had intended to repay this fraudulently obtained loan,” Sheriff MacRitchie told Wilkinson.
“There was always a risk you would never be able to repay these sums.
“I proceed on the basis these sums will be repaid and if they are not, prison is the only appropriate alternative.”
Appeal plan
In a statement issued by Cumbernauld law firm Dunipace Brown, Wilkinson said: “Whilst acknowledging the decision by the court which resulted in my conviction, I am bound to state my belief that I was wrongly convicted and that the jury were not fully or correctly informed of my defence.
“Accordingly, I have instructed new legal advisors to intimate my immediate intention to appeal.
“The preservation of my good name and reputation is of paramount importance to me and I will not rest until fully vindicated.
“In the interim, I will ensure that the entire funds which my company obtained during the course of my former business is repaid in full.
“I have already made significant inroads to repaying this figure which was obtained as a legitimate business transaction.”
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