Crown is pursuing proceeds of crime legislation
A charity trustee who stole huge sums from a trust is facing a proceeds of crime order in a bid to recoup £1.5m.
Last August Ian Brash pleaded guilty to embezzling £358,832 from the Dr Robert Malcolm Trust between August 2010 and September 2014.
The former architect had been a trustee at the trust - which provides financial help to medical students and doctors - for more than 15 years before the fraud was discovered.
Edinburgh sheriff court was told Brash spent the money on an Alfa Romeo and two Land Rovers and gave his children tens of thousands of pounds for deposits on buy-to-let properties. He also bought a wind turbine.
Crown lawyers want £1,590,512 from Brash under proceeds of crime legislation, court papers revealed this week.
Sentencing on Brash has been deferred until next month after Brash said he was attempting to sell his home,Fa’side Castle, near Tranent, East Lothian, to pay back the money he stole.
The charity was set up in 1987 by Janie Millar, a relative of Brash, who had inherited £1 million from the estate of Robert Malcolm, who was her uncle.
Brash became the sole trustee when Millar died in 2002 as did his children later.
Grants of between £250 and £1,000 were made to up to 15 applicants each year.
Money was used to buy shares and the profits were transferred into Brash’s own bank account.
An OSCR spokesperson said: “OSCR opened its inquiry into this charity in 2012.
“Our inquiries into this complex case indicated suggested there had been criminal conduct, so in line with our published policies we made a report to the prosecuting authorities.
“Since then we have worked with the Crown Office Procurator Fiscal Service and Police Scotland to support the prosecution of Ian Brash.
“We were pleased to note the verdict in the case, which shows that criminality in Scottish charities will be investigated and dealt with appropriately.
“We are considering the future of the charity.”
Mark Stewart, QC, representing Brash, said: “Mr Brash is still anxious about the matter. He is willing to repay the sum to the charity to ensure it returns to the way things used to be.”
Brash will be sentenced on July 15.
