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Howard and Byrne Solicitors, York - Criminal Defence Specialists

Betrayed widow dies on son's day of reckoning

Justice_-_Gavel8.jpg

3:24pm 20th January 2011
(Updated 11:23am 24th January 2011)

A widow, whose son stole nearly half a million pounds from her, died today (Thursday 20th January 2011) just hours before a court ordered him to start paying her back.

Shamed 53 year old Michael Pain, formerly of Eddlethorpe near Malton, swindled money from his mum's account.

Today Lady Denys Sophia Pain passed away aged 86.

Her son, Michael Augustus Rollo Pain, was jailed for three years in March 2010 after he siphoned almost half a million pounds from her bank accounts.

The court heard that Pain had benefited from his illegal activity by £451,000 and ordered that he repay £166,834.

Now he's been told, if he fails to comply with the order within six months he'll face a further two-and-a-half-years in prison and will still have to repay the money.

The theft was discovered in January 2009 after Pain's sister attempted to withdraw cash from their mother's account and discovered the she was significantly overdrawn. She reported her discovery to North Yorkshire Police who began an investigation.

Pain admitted charges of obtaining money by deception fraud at an earlier hearing.

A confiscation hearing was held at Harrogate Magistrates' Court today following an investigation by Financial Investigation Officers.

Financial Investigation Officer DC Neil Jefferson said:

"This was a complicated case and centred around a man who had betrayed his family's trust.

"Pain had a privileged background and was regularly supported by his family throughout his life. He was left in a position of trust with the sole responsibility of taking care of his mother. Pain abused that trust in the most callous way, using the money to prop up a failing business and to pay mortgage arrears.

"His mother, who sadly passed away this morning, was left devastated by his betrayal. The rest of his family were left horrified.

"We hope today's confiscation order gives the Pain family some comfort knowing that justice has now come full circle and at least some of the stolen cash will be repaid.

"The Proceeds of Crime Act has enabled us to retrieve as much of his illegally-earned income as possible which will now be paid in compensation to the estate of the victim. "

So far this year, North Yorkshire Police's Financial Investigation Unit has seized over £1.2m from criminals under the Proceeds of Crime Act.

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