A CONMAN is facing a lengthy prison term for his part in a Scotland-wide organised criminal fraud scheme which saw pensioners scammed out of more than £250,000 – including £50,000 from a 70-year-old in Ayrshire.
Derek Moore will be sentenced at the High Court later this year after a sheriff in Ayr decided she didn’t have the power to issue a severe enough punishment.
The 42-year-old scammed a 70-year-old man in Dundonald by first pretending to be a member of a bank’s fraud team, and then going to his home and impersonating a police officer.
The offence was committed between November 23, 2021 and February 17, 2022.
Moore also admitted being in possession of a shotgun without a valid firearms certificate at a farm in Dundonald and elsewhere on November 23, 2021.
He pleaded guilty to eight separate charges of fraud after several days of Crown evidence at Ayr Sheriff Court, while his co-accused, Julie McQuade, pleaded guilty to one.
Moore’s other fraud offences, which were reported by the Advertiser in detail when the pair entered their guilty pleas, were committed in Dundee, Perth, Glasgow, Johnstone, Musselburgh and Lerwick.
Three of the victims were women in their 80s, while two more were a couple aged 76 and 75.
He also admitted being concerned in the supply of heroin at his flat in Chapel Street, Rutherglen, on February 18, 2022, and being in possession of a side-by-side barrelled shotgun at the same address.
Sentence on both accused had been deferred for background reports, with Moore remanded in custody and McQuade released on bail.
When they returned to court last week Sheriff Shirley Foran told lawyers for both accused that she was considering sending the case to the High Court for sentencing.
Sheriffs in Scotland cannot sentence any accused to more than five years in prison on each charge if they’ve been found guilty by a jury, but in the High Court a judge has the power to impose up to life sentences.
Ayr Sheriff Court heard Moore had sustained serious injuries “from others unknown to the authorities”, despite being “unwilling or unable” to name anyone else involved in the set-up.
Moore’s defence counsel, Graham Robertson, said his client had, until recently, been working as a chef.
Mr Robertson said: “He seemed to think the allegation was that he was responsible as the mastermind. While he was involved, other parties were involved.
“Mr Moore was unwilling or unable to name anybody or point the finger in any direction, north or south of the border.
“His position is that he was acting in a particular way, but was prevailed upon by ‘category A’ serious organised criminals.
“He has indicated that he was assaulted by unnamed individuals; a very serious assault, requiring him to be hospitalised.
"It's an explanation, not an excuse, for acting the way he did. He is realistic of the range of appropriate disposals and that this is a custody situation.
“He pled guilty, albeit at ‘a minute to midnight’ at the end of the Crown’s case, without giving or leading evidence.”
Kelly Duling, defending McQuade, said she would reserve mitigation for her client until knowing the sheriff’s decision on sentencing.
Sheriff Foran said: “Given the timing of the pleas, my view here is there is no question of a discount [in sentence]. All charges are serious. Those involving fraud in the hundreds of thousands of pounds were not all successful, but the intent was there.
“The focus was on older people whose sense of good citizenship and trust was wickedly abused, leaving them feeling vulnerable and foolish.
“More significant are the charges involving firearms. Mr Moore was perfectly implicated in this.
“This goes beyond simple greed and enters a more sinister world.
“In my view this must be marked by a sentence exceeding my powers, and for that reason I will remit the case to the High Court.
“Ms McQuade, you are in a different situation, but as co-accused your fate will ultimately be decided at the High Court.”
Moore was returned to custody, while McQuade’s bail was continued.
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