Bridgnorth man avoids jail after scamming HMRC out of £270,000 in VAT fraud
A businessman who defrauded HM Revenue & Customs out of more than £270,000 of VAT repayments and then forged documents to cover his tracks has been spared jail.
John Charles Durston of Chetton near Bridgnorth had admitted making 72 false VAT repayment claims from HMRC between April 1, 2019 and July 31, 2019 when he appeared at Shrewsbury Crown Court on Thursday.
The 57-year-old also admitted three counts of using false instruments with intent, after he forged documents to cover his fraudulent activities.
The court heard that Durston had set up a business called Tomkins Distribution purely to make VAT claims from HMRC.
Prosecutor Robert Tolworth KC argued that Durston's fraudulent actives were "sustained" and involved "significant planning".
He also argued that the money illegally obtained from HMRC went on supporting Durston's lifestyle and to pay for his children's eduction.
However, in mitigating for Durston, Robert Edwards KC told the court that his client led a very "simple lifestyle" and denied that any money was spent on school fees. He said the money went "solely" on supporting a failing family business called Chetton Hill (Catering) Ltd, which was accepted by Recorder Johnathan Taylor.
Mr Edwards also told the judge that in February this year, Durston had been diagnosed with an "incurable" form of leukaemia which was described as a "life-limiting" illness.
He added that since his client's arrest for the offences, the defendant had repaid £88,000 back to HMRC and had shown "genuine remorse".
In sparing the businessman jail, Recorder Jonathan Taylor said: "It is sometimes said that these cases are victimless crimes. That is not true. The victims are all of us taxpayers that have to pay for individuals like Mr Durston and their dishonest behaviour."
He added that while the defendant had shown "dishonesty on top of dishonesty" by forging documents, he was going to spare him jail.
In sentencing Durston to two years imprisonment, which he suspended for two years, Recorder Taylor said: "There are those that may feel this is a lenient sentence but they will not have digested the facts such as your health and also that you have expressed remorse by the fact that you have paid some of the money back."
He said a Proceeds of Crime Act hearing is being set for next year when some of Durston's assets could be seized to pay back HMRC.
He also ordered Durston to complete 200 hours of unpaid work.