Lawyer who took clients’ cash avoids jail as court is told of her past trauma
A CO DOWN solicitor who admitted a series of fraud and money-laundering offences linked to client accounts has been spared jail.
Twelve clients were affected by Elaine Mary Early’s criminality, including an elderly asbestos sufferer who died before receiving a medical claim that was owed to him.
Yesterday, Belfast Crown Court heard that Early — the former owner of the now-defunct Elaine Early and Co Solicitors based in Comber — started “robbing Peter to pay Paul”, and that over a period from September 2014 to February 2016 she transferred money from client accounts to her own accounts.
The amount involved ran to hundreds of thousands of pounds.
It also emerged that Early, of Killinchy Road in Comber, only started this illegal activity after the Law Society began investigating her practice due to concerns over her professional negligence, and that at the time she was in a “constant state of intoxication which clouded her judgment”.
All monies that were owed to Early’s clients have since been reimbursed by the Law Society, with £178,728 remaining outstanding.
Judge Patricia Smyth branded the amount of money as “significant” and said offending such as Early’s had an impact on public trust. She noted that Early was a woman with a history of mental health issues and alcoholism, and had suffered a traumatic incident in the 1990s which has had a lasting effect on her.
After admitting to 12 charges of fraud by false representation and five of transferring criminal property, the 53-year-old was handed a sentence of two years and eight months, suspended for three years.
As she stood in the dock, Early said “thank you very much” to Judge Smyth.
Before she passed sentence, Judge Smyth was told by Crown prosecutor Laura Ivers that the Law Society intervened in Early’s practice in September 2014, when agents were sent to “supervise and investigate”.
This led to Early’s certificate to practice being suspended in March 2016 when the Law Society took control of her business.
As more details emerged and records were examined, police then launched an investigation, which indicated that Early had been transferring funds from client accounts to her personal account or the office account, and vice versa.
Telling the court this was a case of “robbing Peter to pay Paul”, Ms Ivers said that when Early was arrested in May 2016, “she accepted her actions were criminal” and co-operated fully with the police investigation.
Her criminality included transferring £58,000 from an estate without the knowledge of the executor in April 2015, and lodging without authority £25,000 in January 2016 which was meant for an elderly man who suffered from asbestosis. He died that March and never benefited from the money from the claim, which was subsequently paid to his family.
Defence barrister John Kearney QC, representing Early, spoke of a “traumatic incident” his client experienced in 1991 which led to psychological damage and resulted in her turning to alcohol.
Mr Kearney said his client’s offending began after the “death of the Celtic Tiger” which affected the conveyancing element of her work.
Posing the question ‘where did the money go?’, Mr Kearney said Early did not lead a luxurious lifestyle — rather the money was used to try and maintain properties she bought during the boom.
He revealed Early found herself facing financial difficulties paying back mortgages and loans, and said: “She hit very, very significant problems ... she should have closed the business down when it became apparent she was not coping. Instead, she turned to alcohol ... and tried to keep the business afloat.”
The barrister described Early as “a person trying to help others”, and accepted her judgment was “alcohol-addled”.
He also described her behaviour at the time of offending as “the actions of a desperate woman trying to stay afloat”.
Mr Kearney ended his submission by saying Early had displayed “remorse, shame and regret”, and has “tackled her demons” as she has not had a drink “for a considerable period of time”.
Handing Early a suspended sentence, Judge Smyth spoke of a “series of traumatic events which led to an inability to properly function and exercise the judgment that is required as a solicitor”.
She said it was surprising that Early’s offending only started after the intervention of the Law Society, and accepted she didn’t display any trappings of wealth.
The judge told Early: “After very careful consideration of the facts of this unusual case, I am suspending the sentence. The root cause of your offending lies in chronic mental health issues exacerbated by alcohol and trauma, and that is the reason I am suspending this sentence.”
❝ She should have closed the business when it was clear she was not coping