Brother borrowed 20k without consent

dktreesea

OP, I quite see all the points you have made. Plus recovering from a stroke can take 110% of one's energy. Your brother has clearly taken advantage of your father's trust. But the police are motivated to move ahead in investigations only if they believe, or rather the prosecutor believes, that there is a good chance of obtaining a conviction.

Perhaps your brother felt he was doing more for his father than the rest of his siblings and therefore deserved to benefit more than the others from his father's assets? Maybe he used the money to invest in things , even telling himself it was on behalf of your dad, that didn't work out?

Even if the police took the view that the thefts did occur, and not passing on the statements and balances on the various accounts indicated your brother was trying to hide the evidence of his misdeeds from his father (the obvious conclusion), your brother might say that his Dad neither asked for that information, nor, in his opinion, was in good enough health to be bothered (by the brother) with those sorts of details.

The other thing that can put police off prosecuting where it's a family matter is, even if they believe a crime has been committed, your dad could pull out at any time, in which case your brother gets off scot free and they have to withdraw the charges.

Justice could still happen. Your Dad could get his day in court, and there could be an order for your brother to compensate your father for the money, possibly forcing your brother into bankruptcy and having to sell the house.

Sorry to say, but your brother is a complete idiot, and so are his children for cutting your dad off. They have only made it worse. If the police do decide to prosecute, things will start to move really quickly and they will arrest your brother. If he thinks being interviewed under caution is bad enough, that is nothing compared to being arrested and charged. Even if he is found to be innocent, that question on forms "Have you ever been arrested?" could interfere with his plans for himself for the rest of his life.

NANANINANOONOO

There is only myself and my brother and he is 18months older. Being a mechanic my brother has always maintained my fathers car for him and did have him live at his house for a few months when dad moved home but other than that he has had little involvement with dad other than occassional visits and general contact as like most sons he veared more towards his in-laws after marriage.

Like most daughters I have always had closer daily involvement with my parents with regards care and emotional support, dad has always had an open invitation to join in all my family activities whenever he wants. He enjoys attending things with my husband and I like my grandchildrens weekly football matches, swimming, picnics, day trips, school plays, family gatherings which he says keep him young at heart and I take him weekly shopping. My brother has never shared the same sporting interests as dad especially football so they have little in common in this respect and my brother is far less sociable than our father and I but dad has always equally shown a great deal of interest in my neice and nephews lives and hobbies.

Dad has always been young for his years and led an active life enjoying various sports and hobbies and my family share similar interests so he has enjoyed this envolvement as and when he has wanted. Even after he slowed down dad still persued his own regular activities and hobbies, he was as determined as ever to enjoy life and was cross and frustrated by his overall lack of energy and previous stamina

I cannot speak for my brother but I have never felt that either one of us did more or less than the other merely each of us ensured dad was enjoying his life and felt loved by us all. My brother can honestly have no reason to think or feel any differently. My father was not living with my brother at any time while he was ill and having access to dads current account should have presented no burden whatsoever as dads own weekly expenses have always been so routine and modest.

ILW

Why did father hand over control to his son rather than his daughter?

kanute50

ILW wrote: »

Why did father hand over control to his son rather than his daughter?

The first post answers that question for you, he was living at the son's home at the time.

The crux of this whole matter is that the son has helped himself to his father's money. The paper trail and computer evidence is there.

He has acted despicably and betrayed his Dad and his Sister, and is unwilling to put his hands up and admit to his wrong doing.

His actions have blighted his Dad's twilight years and he should be thoroughly ashamed, instead of which he is making matters so much worse by his denials and manipulation of the truth.

It is beyond my comprehension that a Son could do this to his Father.

I hope the police do charge him, but I feel so sorry for this Family. The hurt he has caused will never be erased.

RuthnJasper

dktreesea wrote: »

Yes, IF the police decide there's sufficient evidence to go ahead with a criminal prosecution. And I'm not sure they will. There's Dad on the one side saying the son took his money without permission, and the son on the other side saying his father agreed to either give or lend him the money. If I were the police, I would be thinking I didn't have a hope of getting a conviction because these accounts had been milked, with the father saying nothing, for what looks to be months or possibly even years. They could takes the view that this at least implies consent, if not means actual consent was given.

To go by a previous post, the bank have recordings of the son which actively demonstrate that he was calling and posing as his father. I can't see how that can be justified under any circumstance.

And the Police have obviously decided that it is worth pursuing.

m3kx

Just checking in, hope every things okay x

NANANINANOONOO

m3kx wrote: »

Just checking in, hope every things okay x

Yes thank you. I am still helping dad collect and collate lots of info from his paperwork so the asigned police officer has everything ready at a glance to process when he is eventually free to pick up the baton to do his own investigation and we are still unsure when this might be.

I have gleened on here that even with the best will in the world the police often deem it best to consentrate on the most obvious areas that will secure a conviction because there is a chance that despite their lengthy efforts if the perpertrator it is a close relative the victims sometimes back out.

Dad remains adamant this will not happen in his case, he is quite determined to proceed as my brother and his family have coldly remained 'unavailable' or 'unconcerned' and everything so far uncovered is linking up to look very callous, illegal and immoral. Dad is very aware of all the possible negative scenarios but he remains adamant about where he wants to go with it whatever the outcome.

Dads initial distress has subsided considerably and although determined not to accept it he has somehow come to terms with what has actually happened. Thankfully with renewed resolve and focus he seems to be sleeping a lot better but I am still very worried about him.

Thanks again x

dancingfairy

thanks for the update. What a sad story. I hope your dad can get some closure.
df

letthemeatcake

At least he is still getting around £250 per week in pension payments which the Son can no longer gain access too. Is your Father still living with his friend?

I hope it can be proved that the Son fraudulently obtained the £20000 share money by pretending to be his Father and that your Father never give permission for this. The Son may get away with the rest of the money he syphoned off through the bank accounts though.

If the Son had any equity in the house in September I expect he has now had time to put the house in his Wife's name to prevent having to sell it to pay your Father back.

BobQ

dktreesea wrote: »

It sounds to me like your Dad is in a similar position to a bank. .

If you believe this you must be in la la land!