A CROOKED Ayr solicitor who swindled hundreds of thousands of pounds from a dead man’s estate has been jailed.
Lynsay Kelly forged documents which she then passed to staff at the town’s sheriff court in a bid to cover up her crime.
Kelly, 41, was handed a two-year prison sentence after admitting two charges of dishonesty – despite a plea from her solicitor to spare her a jail term because of the effect a custodial sentence would have on her family.
Kelly, who had been a solicitor with the Ayr firm of J. & A. Boyd, previously admitted embezzling £280,822.36 from the estate of the late William Walker Loudoun over a period of 15 months, as well as passing on forged documents to investment firms and to the town’s sheriff court.
She also transferred shares worth £54,564.56 – taking the total amount obtained by fraud to £335,446.92.
Kelly committed the crime – which a judge said “demonstrated a high level of sophistication” – between February 14, 2018 and May 25 the following year.
The mum of three admitted pretending to four different firms - Link Management Services Limited, Equiniti Group PLC, Scottish Widows Ltd, and Barclays Bank – that she and her partner were the executor-dative for Mr Loudoun’s estate between June 19 and August 5, 2019.
Not guilty pleas to further charges alleging an attempted fraud of a further £73,137.60 and the theft of paperwork from the law firm were accepted by prosecutors.
When she appeared in court for sentencing following the preparation of social work reports, defence solicitor Graeme Cunningham told Sheriff Mhairi MacTaggart: "Ms Kelly spoke to me about the effect prison would have on her children, saying it wasn’t ‘about me’.
"If it had not been for Ms Kelly's behaviour the children wouldn't be facing the prospect of time without their mum.
"She was a good scholar, passing successfully into the profession.
“The [social work report] says there is a slight possibility she might remain in the profession – you and I both know there is no prospect of that.
“Had it been an example of benefit fraud my lady would would consider custody; why should this be any different?
"However, I would ask my lady to step back. There are alternatives available.”
Sheriff MacTaggart said: "You not only defrauded the estate, but you let down the family and brought your profession into disrepute.
"People trust solicitors with their legal and family affairs and money, and you breached that trust. My profession expects trust, and you failed to do that.
“I’ve listened carefully and have considered the effect of a custodial sentence on your family.
“I have taken account of the [social work] report and the fact you have no previous convictions.
“However, since you have severed the high level of trust placed on your shoulders, the only sentence appropriate is a custodial one."
Kelly was jailed for two years on each charge, reduced from 36 months due to her guilty pleas.
The sentences will run concurrently.
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