Nephew who stole £600k from elderly aunt in power of attorney fraud jailed
A nephew who stole more than £600,000 from his elderly aunt in a power of attorney fraud has been jailed for five years and six months.
David Eggleton, 71, from Calne, Wiltshire, transferred large sums from the account of Lilian Eggleton, 93, into his personal bank account.
Swindon Crown Court heard Eggleton used the cash to live the high life – paying off his mortgage, spending on holidays and funding garden makeovers.
His fraud, from 2018 until 2020, was only discovered when Ms Eggleton’s care home fees were unpaid due to insufficient funds in her account.
Eggleton (pictured) claimed the money had been loaned and gifted to him – even producing a forged agreement between him and his aunt – but was convicted of fraud and perverting the course of justice following a trial.
The judge, Recorder Marcus Pilgerstorfer KC, told him: “Lilian Eggleton was your Auntie Lily, she was born in 1927 and worked hard all her life and through that toil, accumulated assets.
“In 2017, your aunt decided she wanted to live in a care home. She moved in on December 8 2017. On June 4 2017, she appointed you lasting power of attorney.
“Your aunt told the court in a video interview recorded before her death that she thought she could trust you.”
A direct debit for £4,500 per month was set up from Ms Eggleton’s bank to her care home, Kenbrook in Wembley, which is run by Methodist Homes.
The payment first bounced in August 2018, with issues continuing with payments until 2020. Ms Eggleton then gave permission for her bank account to be examined.
This revealed her nephew had been transferring “large sums” into his own bank account, the judge said.
Eggleton was informed in June 2020 that his aunt did not want him to have any further involvement with her financial affairs, but he continued to withdraw cash from her account for months.
Wiltshire Police launched an investigation following a complaint by Ms Eggleton in September 2020.
The judge told Eggleton: “The total sum taken is quite eye watering. You used the money to live the high life.”
Between August 2017 and November 2020, Eggleton spent £817,000.
He used the cash to pay off his mortgage, buy cars, pay for leisure activities such as holidays, and for garden makeovers for himself and his former wife.
Eggleton bought a Bitcoin mining device and paid £54,000 for Apple products, later telling his trial he spent the money “in a silly and irrational way”.
In January 2021, he wrote an email to the care home which he asked to be read to his aunt.
His email promised to pay the £31,853 outstanding care home fees within two weeks from his personal account and to directly replace money taken from her.
He said that, “as her loving nephew”, he would appreciate it if she withdrew her complaint to the police so they could rebuild their relationship.
“As a Christian, I would never do anything detrimental to her or others for personal gain,” he wrote.
The care home did not read the email to Ms Eggleton and instead passed it to police. She died the following month, on February 13 2021.
A video interview recorded before her death was played to Eggleton’s trial, with Ms Eggleton becoming tearful and describing her sadness at what her nephew had done.
The judge said: “There’s no doubt from watching Auntie Lily’s video interview that your actions caused her upset and concern at a time she was entitled to be free of worry and live out the rest of her time in peace.”
He jailed Eggleton for five years and six months for the fraud, and eight months for perverting the course of justice – relating to the email sent to the care home – to be served concurrently.
Delia Russell, Ms Eggleton’s great niece, described how she was a “quiet and private lady” who had worked as a secretary for the same bank throughout her career.
She described Ms Eggleton as devoted to her Methodist faith, a “frugal lady” who bought her clothes and shoes from church sales and went on holiday just one week per year.
“When Auntie Lily found out her money was missing, she was extremely upset,” Ms Russell said.
“This was exacerbated by her finding out during the Covid period when we could not go to visit her.
“Auntie Lily passed away in February 2021, not knowing where her money was or why her nephew had acted how he did.”
Representing Eggleton, Felicia Davy said her client had no previous convictions and had worked hard in the field of mechanical engineering during his life.
She added: “This is a tragedy. The consequences for him of this offence will be profound and will effectively have an impact on the rest of his life.”
Speaking outside court, Detective Constable Aaron Rowe, of Wiltshire Police, said: “This was a long and complex case where Eggleton was trusted by his Auntie Lilian who he then took advantage of.
“What is even worse is that sadly, Lilian passed away before getting justice.”
A hearing under the Proceeds of Crime Act will take place on January 15.
Copyright (c) PA Media Ltd. 2024, All Rights Reserved. Picture (c) Wiltshire Police / PA.
