Man spared jail for Helensburgh OAP scam bid

But the man responsible for the attempted fraud has been spared a prison sentence after his solicitor said he had been "coerced” into the attempted fraud by a group of friends.

The 78-year-old victim received repeated phone calls, and then a visit in person at her home in Old Luss Road, after being contacted by a would-be fraudster pretending to be from the Bank of Scotland.

But the man who made the calls, John Bechara, ran off after the woman and her son became suspicious when he visited her home in September 2015.

Bechara, 26, was told to carry out 150 hours of unpaid work within six months, and handed a three-month curfew, for the crime.

Fiscal depute Sarah Healing told Dumbarton Sheriff Court on Thursday: “The complainer received an unsolicited phone call at six o'clock on the evening of September 8.

“This individual claimed to be a Brian Johnston from the Bank of Scotland and told her she was due to receive a new bank card because she had recently changed bank account.”

Ms Healing told the court hearing the man – Bechara – had told her to place her bank card in an envelope for collection the following day by a courier who would deliver a new card.

Describing the events of the following day, Ms Healing said that after two follow-up phone calls, Bechara had visited her home to pick up the card.

She said: “She thought he didn't look much like a courier – he didn't appear to have a vehicle or any uniform.

“He told her he had brought her new bank card, handed her the envelope and said he needed to collect her old card and her PIN.

“She said she didn't have her old card but would hand it in to the branch in Helensburgh.

“The male became agitated at this and insisted he must be given her old card.

“At this point the complainer's son emerged from the living room of the house. He opened the new envelope and found it contained a small cardboard item designed to look like a credit card.

“There was a piece of paper inside with a number.

“Her son took a photograph of the male at the door, in response to which the male ran off.”

The woman's son reported the matter to police, and Bechara was eventually traced on January 4, 2016.

Ms Healing said: “He was interviewed, but denied any involvement in the matter. When cautioned and charged he replied 'I never did it'.”

Bechara, of Annandale Street in the Govanhill area of Glasgow, spent 43 days behind bars after being remanded in custody for failing to attend appointments with social workers to enable them to prepare a background report.

His solicitor, Pamela-Jane Connelly, said that time behind bars had given Bechara “a lengthy opportunity for reflection on his behaviour”.

Ms Connelly said: “He has not sought to justify his dishonesty.

“It was other members of his friend group who instigated this. He was involved somewhat unknowingly in the first instance.

“He got into a car with friends and was driven from Glasgow to Dumbarton. He didn't know where he was going.

“Matters than seem to have got out of hand. He was coerced and threatened into his involvement.”

At this, Sheriff William Gallacher pointed out that coercion might be a defence to the charge.

The sheriff said: “He gets in a car, drives from Glasgow to Dumbarton, then on to Helensburgh, and I'm supposed to believe that he had no idea why? Candidly, I don't believe that.

“You have said your client maintains he was coerced. Why did he plead guilty?

“I find it at the very least implausible, and beyond that almost impossible, to accept.

“This was a relatively sophisticated, persistent and determined effort. It's a very deliberate attempt to induce somebody to do something, the consequences of which could have been very significant for her.”

Ms Connelly said her client would be in a position to carry out a community payback order or to pay a fine.

The sheriff replied: “A fine is utterly ludicrous in terms of the gravity of the offence.

“The question is whether or not, taking account of the period on remand, I can avoid a custodial sentence.

“At first blush this is crying out for a significant custodial sentence.”

Turning to address Bechara directly, Sheriff Gallacher said: “Had it been that you had not spent time in custody, and had it been that you had a more extensive criminal record, the offence you engaged in is one I would have thought would inevitably lead to a custodial sentence.

“But in those circumstances, and taking account of the report, I can find a way of avoiding an additional custodial sentence. But it's a very close call.”

And the sheriff warned Bechara that if he breached the order by failing to carry out his hours of work, or breaking the terms of his three-month curfew, he would be sent to prison.

A Police Scotland spokeswoman said: "Police Scotland officers would like to remind members of the public to be extra vigilant when discussing financial details over the phone or to cold callers at their homes.

“Anyone who is asked to provide details about their personal finance or existing bank accounts should not do so unless they know who they are speaking to.

“If in doubt you should ask for identification or take a phone number that you can call back on. If you are suspicious in any way, please contact police immediately.

"Anyone  who thinks they may have been victim of a fraudulent scheme should contact their local police on telephone number 101." 

The victim and her family declined to comment.

A spokeswoman for the Bank of Scotland, whom Bechara falsely claimed to be representing, said: "Bank of Scotland takes its commitment to fraud prevention seriously and the defences we use are industry leading.

"However, fraudsters are using increasingly sophisticated techniques and it is important that people remain vigilant.

"The public should be aware that their bank would never send a courier to their home to replace their bank card with a new one.

"If you ever suspect anyone has attempted to compromise your financial details, report it immediately to your bank.”