A Fife nursing home administrator stole more than £21,000 from the most vulnerable residents in his care to fund a gambling addiction, a court has heard.
John Cuthbertson embezzled the money by targeting victims at Dunfermline’s Leys Park nursing home.
They either did not have capacity or had no relatives to watch over their financial affairs.
Cuthbertson would cash cheques from head office – which held funds on behalf of residents – and take money for himself instead of using it to pay for items they needed such as clothes, hygiene items, treats and hairdressing.
He also used one resident’s bank card to regularly withdraw money from cashpoints in Dunfermline and Rosyth.
Dunfermline Sheriff Court heard the 66-year-old ran his con between January 2018 and the end of September 2019.
‘Very serious breach of trust’
Sheriff Charles Macnair jailed the crook for two years and described his actions as a “very serious breach of trust.”
The sheriff told him: “It was embezzlement over a lengthy period of a significant sum of money and you were in a position of trust.
“Your victims were targeted because of their vulnerability, many of them lacking capacity and without relatives who would keep an eye on their financial affairs.”
The court heard Cuthbertson, who previously worked as a carer at the home before moving into the administrator post, had a previous conviction for a serious theft in 1990, which resulted in him being jailed for a year.
The Courier contacted Leys Park Care Centre for comment but no-one was available to talk about the case.
Manager became suspicious
Procurator fiscal depute Laura McManus told the court Cuthbertson’s fraudulent scheme went under the radar throughout his time as an administrator as no financial audits were carried out at the home.
In September 2019 he told the care home manager there was no petty cash remaining for residents and he would “have to rob Peter to pay Paul.”
This prompted the manager to examine the home’s finances while Cuthbertson was on annual leave and a regional administrator conducted an informal check, which highlighted discrepancies.
When confronted by the manager, Cuthbertson became defensive and said he would resign immediately.
He left his position and did not return to work, having suffered a heart attack shortly afterwards.
The care home manager carried out an investigation and identified numerous cases of money being unaccounted for.
There were instances in which Cuthbertson had requested spending money for named residents from head office but this was not recorded on the resident’s balance sheet – or what was recorded was a lesser sum than requested.
Ms McManus continued: “The affected residents were noted to be those who were particularly vulnerable, having no next of kin.
“The money obtained in this way totalled £18,950.”
The manager also discovered personal bank statements received in the post for a resident who lacked capacity and was unable to control his own finances.
His bank statements revealed regular withdrawals totalling £2,050 from ATMs in Dunfermline and Rosyth during August and September 2019.
This resident’s bank card was kept in a safe at the care home, to which Cuthbertson had access.
Gambling addiction
Police were contacted and Cuthbertson, of Rosyth’s Park Road, was arrested and interviewed.
He said he had a “gambling problem” and was “addicted to slot machines” and was “sorry” but “just had to have money to spend on them.”
He admitted initially he would take “a couple of hundred pound” and replace this with any winnings from his gambling habit or further funds from head office.
He stated he would go through residents’ poly pocket wallets and “take a wee bit out of each.”
The court heard Cuthbertson knew his actions would not be audited by the care home and head office did not scrutinise residents’ personal allowance requests at any time.
Jail only option
Cuthbertson admitted fraud.
Defence lawyer Elaine Buist said her client had “fallen in too deep” with his gambling habit and kept taking more money in the hope he would hit a winning streak and be able to repay the funds.
The solicitor said efforts have been made by her client and his partner to save about £2,000 to start repaying the stolen money.
Ms Buist added: “Mr Cuthbertson sadly has absolutely nothing to show for all this as it was all gambled away, which he accepts will be even more frustrating for relatives.”
The sheriff replied: “He targeted residents who did not have relatives – that was part of the scheme.
“He targeted those who were without capacity and without relatives.
“Having regard to the circumstances of this case I do not see there is any appropriate alternative but a custodial sentence.”
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