Fraudster kept cash 'windfall' and splashed out on two Mercedes

A judge told Simon Bowen, from Wolverhampton, that he had been "very stupid" in retaining the cash and then trying to spend it. The 43-year-old company director had previously been of good character.

The money from the Latymer Foundation School in London should have gone to a building firm in payment for construction work at the school, Wolverhampton Crown Court heard.

Mr Geoffrey Dann, prosecuting, said no explanation had been found as to how the cash, destined for Jerram Falkus Construction, ended up in a direct reserve account in the name of the defendant's father, for which his son was a signatory.

The school had tried to find out how the change in the recipient's bank details had been made but without success, the court heard.

The money was received on February 5 last year, and on the same day Bowen bought two Mercedes Benz cars from Thornes of Wolverhampton, in Penn Street for £47,500.

He also attempted to spend £5,700 at Rudell's jewellers in Darlington Street but the transaction was declined. The bank had spotted unusual activity on the account and put a stop on it.

Bowen, of The Lindens, Tettenhall, was identified by Thornes trader Amer Ellayi to the police and he pleaded guilty to wrongfully retaining £315,505 of credit and fraud by false representation after buying the two cars.

The court heard that one of the vehicles had been returned, slightly damaged to the dealership but the other had since been sold on several times and the police had not been able to follow the trail backwards from its current owner. Bowen made a 'no comment' interview to officers.

Mr Andrew Mitchinson, defending, said Bowen had never been in trouble with the law before and was of previous good character. The remainder of the money had been returned to the school while the outstanding £47,500 will be the subject of a Proceeds Of Crime Act hearing.

Judge Barry Berlin told Bowen: "You have been very stupid in all sorts of ways, and I think you realise that. You may not have any antecedence but what you did was thoroughly dishonest.

"You received money through your father's bank account and I reluctantly accept that this was received lawfully and was a windfall. You then took money out of the account and decided to buy all sorts of things with it. But I bear in mind your age, your lack of previous convictions and matters raised in the pre-sentence report."

Bowen was sentenced to 14 months in prison suspended for two years and ordered to carry out 100 hours of unpaid community work. He was also put under a curfew for three months.