A businessman has been found guilty of a money spinning scam which saw him defraud and steal agricultural machinery from Forfar firms.
Barry Mackland, 50, caused businesses to sustain losses of £630,000 during a course of conduct which lasted throughout 2022.
The High Court in Edinburgh heard how Mackland, of Aberdeen, stole tractors from a company and sold them onto a third party, pocketing the cash.
He also pretended to other businesses cheques he presented to them would be honoured if they were handed over at a bank.
However, the companies lost out as there were insufficient funds in Mackland’s account to make the payments but he would still obtain machinery worth tens of thousands of pounds.
During his trial, Mackland had denied any wrongdoing and claimed he had merely sustained debts which he could not pay back.
Prosecutors originally charged with him causing businesses to sustain £1,778,115 of losses but jurors acquitted him of a number of allegations, while convicting him on four charges of theft and fraud.
Judge Lord Harrower deferred sentence for the court to obtain a report about Mackland’s background and character.
Lord Harrower told him: “These are very serious charges. According to my calculations, you have caused businesses to sustain losses of £630,000.
“Fraud strikes at and erodes the basis of trust upon which all business depend.”
Ripped off Forfar firms
During proceedings, the court heard how Mackland turned up to the premises of tractor dealer Barctrac Ltd at Finavon, on the A90 between Forfar and Brechin, on February 23 2022.
He removed two tractors from the premises without obtaining consent from staff.
He sold the machines to a third party without the consent of the owners.
The court heard how Mackland made £83,100.00 by theft.
Jurors heard evidence about how on various occasions between March 4 2022 and May 11 2022, Mackland committed another crime.
He pretended to Leslie Gammie, of Gammies Groundcare Ltd in Forfar, cheques presented by him in the name of his business, The Firm of Barry Kenneth Mackland, would be honoured at the bank.
Mackland then induced Mr Gammie to supply him with machinery by paying him by cheque.
The court heard there were insufficient funds in Mackland’s account to pay for the items but he received machinery worth £179,295.60.
Further crimes
On various occasions between March 17 2022 and April 7 2022, Mackland repeatedly pretended to Derek Meston, of DM Forklifts Limited, Stonehaven, cheques presented by him would also be honoured.
He obtained machines from the company worth £320,400 and sold them on to third parties when the cheques bounced.
The court also heard that between May 10 2022 and 15 June 15 2022, Mackland pretend to RC Setchfield Limited in Grantham, Lincolnshire, he would supply a JCB Telehandler.
The court heard Mackland induced the firm to pay £52,200.00 for the machine and, obtaining the cash fraudulently.
‘No crime’ claim
Defence lawyer David Moggach KC told the jury his client had not committed fraud or theft but was unable to repay debts which he accrued during business.
He said this did not amount to breaking the law.
“Fraud does not extend to a simple failure to pay your debts.
“You can incur debts for a variety of reasons – none made fraudulently – and that’s what I say to you we have here.”
A proceeds of crime action will call against Mackland later this year.
Lord Harrower allowed Mackland bail and he is expected to be sentenced at the High Court in Glasgow on August 14 2025.
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