AN ARCHITECT who embezzled more than £350,000 from a student charity has escaped a jail sentence – and instead been ordered to pay a massive fine.

Ian Brash used the embezzled money to buy himself a new Alfa Romeo, two Land Rovers and a wind turbine for use on land he owns in East Lothian.

The father-of-two also paid thousands of pounds to fund deposits for properties for his children and spent thousands on large vet bills.

Brash, 68, admitted taking £358,832 from the Dr Robert Malcolm Trust (DRMT) between 2010 and 2014 after he was appointed the sole trustee of the charity, which was set up to provide financial assistance to British medical students and doctors.

Sentence had been deferred for more than two years for Brash to sell his family home – the A-listed Fa'side Castle, near Tranent – to fund repayment to the charity.

Brash returned to the dock at Edinburgh Sheriff Court today (Wednesday), where Sheriff Frank Crowe heard that the large 15th-century property was still on the market.

The court was previously told that prosecutors were seeking to use the proceeds of crime legislation against Brash and were seeking a total of £1,590,512.69.

But today Sheriff Crowe was told that the Crown and Brash’s defence team had come to an agreement whereby he would pay £700,000 regarding the proceeds of crime act.

Brash has already paid back £320,753.30 to the charity and will have to pay a further £198,590.60 in full recompense.

In addition, he will have to pay a further £180,656.10 to the court which will go towards the Scottish Government CashBack for Communities schemes.

In sentencing, Sheriff Crowe said: “This has been a very complicated case and, of all the confiscation cases I have dealt with over the years, this has been the most complicated and difficult one.

“In this case, assets from the trust became intermixed with your own personal business.

“The purpose of the trust was to fund bursaries for medical students to help with studying and there came a time where these bursaries failed to be paid out.

“There should be an element of punishment here and I will avoid a prison sentence. I will restrict myself to a financial penalty.”

Brash was ordered to pay a fine of £140,000 in addition to the confiscation order and has been given three years to pay.

Mark Stewart QC said his client had “attempted to make right the wrong he had committed” and had attempted to come to an agreement with OSCR before criminal proceedings began.

Previously, the court was told that Brash was appointed the sole trustee of the DRMT charity in 1987 after a relative who had set it up died.

In 2012, charity regulator OSCR became “concerned about the movement of funds” between the charity’s bank account and the retired architect’s personal account, and an investigation was set up.

Brash claimed that the charity’s cash had become “mixed up” with his own finances over the years and that the missing funds had been invested in property for the future benefit of the charity.

But when pressed by the regulators for any evidence of this claim, he could not provide any of the paperwork to back up his claims.

Brash also attempted to arrange a repayment plan with OSCR but the regulator declined, stating “the offer could not properly be accepted”.

The regulator reported the matter to the Crown Office and the case was subsequently passed on to Police Scotland’s economic crime unit.

Brash pleaded guilty to embezzling £358,832 from the Dr Robert Malcolm Trust charity between August 12, 2010, and September 10, 2014.

Following sentencing, Jennifer Harrower, procurator fiscal for specialist casework, said: “Ian Brash was in a position of trust and responsibility with this charity and he took advantage of that to embezzle a significant amount of money.

"His deception diverted that money away from charity and into his own bank account to help fund his lifestyle.

“We take such criminality seriously and will use all powers available to us, not only to prosecute, but also to confiscate the profits of crime from those who do not deserve them.

“Over half a million pounds of the confiscated money will be paid back to the Dr Robert Malcolm Trust.”