A cunning and conniving Facebook Marketplace scammer drove from England to rip-off Aberdeen sellers.
Daniel McDonagh was found guilty of forming a fraudulent scheme following a trial at Aberdeen Sheriff Court.
The 25-year-old con man set up a fake Facebook account, then showed sellers a fake bank payment when he turned up to collect items – getting away with goods worth £2,350.
Sheriff David Nicolson came close to jailing the fraudster but was talked out of it, “just and no more”, by defence lawyer Michael Burnett.
McDonagh drove from Gloucester to Aberdeen to carry out his “well-planned and well-executed” deception.
He met three individuals, two men and a woman, in order to buy electronics, including a Sony PlayStation, Samsung phone and Samsung watch.
‘You created a false Facebook account and a false bank account’
The scammer met his victims at locations on Rosemount Place, Bonnyview Drive and Glascairn Avenue in Portlethen.
There, McDonagh showed his victims what appeared to be a bank transaction paying them for the item, but was, in fact, fake.
One of his victims lost out on £1,100, another £850, and the third £400, giving a total of £2,350.
The offences were committed on October 17 2022 after McDonagh had driven up from his home, which was listen in court papers as Mount View Caravan Site, Naas Lane, Brookthorpe, Gloucester.
Defence agent Mr Burnett said his client had not committed any offences since that day and had a “limited record”.
He said a social work report indicated McDonagh may have difficulty carrying out unpaid work due to an existing back injury.
The solicitor added McDonagh’s finances were in a “pretty poor state” and he would only be able to make small monthly payments towards any compensation order.
Sheriff Nicolson said: “This was a well-planned, well-executed deception of three individuals with little remorse as far as I can see.”
As the sheriff pressed home the possibility of a custodial sentence, Mr Burnett took further instructions from McDonagh.
He said: “Notwithstanding his constrained finances, Mr McDonagh would commit to paying compensation at £100 per month.
“It would make it very difficult for him to get by but he’d have to find the money.”
Sheriff Nicolson adjourned the case to consider the matter further in chambers.
‘I’m persuaded by Mr Burnett not to impose a custodial sentence’
When it recalled, Mr Burnett advised: “His final instruction to me in terms of finances is that he feels he would be able to pay £150 per month towards any fine or compensation.
“He feels he would be able to do unpaid work. It’s just heavy lifting and manual labour he’d have issues with.”
Sheriff Nicolson told McDonagh: “I regard this as a very cynical offence.
“It was well thought-out, it was well-planned and you travelled to Aberdeen to carry it out.
“You created a false Facebook account and a false bank account.”
He described how McDonagh had met the three victims, tricked them into handing over the items and then “disappeared into the night” before they could realise they hadn’t really been paid.
The sheriff continued: “I’m persuaded by Mr Burnett, just and no more, not to impose a custodial sentence here.
“Because of what Mr Burnett has said, he had persuaded me that a community payback order as a direct alternative to custody is the way forward here.”
Sheriff Nicolson ordered McDonagh, who stood in the dock wearing a shirt which appeared to be covered in glitter, to be supervised for 18 months and complete 150 hours of unpaid work.
He also ordered him to pay his victims compensation towards the sums they had been conned out of, totalling £1,500 in compensation.
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