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Home / Bay of Plenty Times

Widow scammed of $250,000 life savings

Bay of Plenty Times
19 Aug, 2009 06:00 AM3 mins to read

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As disgraced broadcaster Brent Gilbert was led into the dock yesterday, his body shook and tears streamed down his face.
In contrast, Ada Neilson, the 88-year-old widow whose life savings, totalling almost $250,000,  were stolen by Gilbert, sat calmly in the front row of the public gallery, surrounded by family and
supporters.
Gilbert, a one-time programme director for independent Tauranga radio station Blowhole FM, who also performed as a DJ under the name "Brother Massive", was in May found guilty of four counts of obtaining a document with intent to defraud, four of using a document with intent to defraud, and four of theft.
In Tauranga District Court yesterday, watched by both Mrs Neilson and his own family, 35-year-old Gilbert was jailed for four years, after stealing $243,996.24 from the elderly woman in 2003 and 2005.
The court heard how Mrs Neilson had been known to Gilbert for much of his life, as she was a lifelong friend of his grandmother.
When Gilbert and his partner were declared bankrupt after the failure of a business in Whakatane, they moved in with Mrs Neilson and her husband, William.
In May 2003, Mr Neilson signed an Enduring Power of Attorney form in relation to property, naming Gilbert as the Power of Attorney.
In early June 2003, Mr Neilson died, and later that month, Mrs Neilson signed an Enduring Power of Attorney form in relation to property, personal care and welfare, naming Gilbert as the Power of Attorney.
Gilbert organised for funds from Mrs Neilson's accounts to be moved into a new account in her name but with himself as a signatory.
On three occasions in September 2003, Gilbert made withdrawals from the account, taking $64,996.24 and two sums of $87,000.
Subsequent inquiries showed $174,000, made up of the two $87,000 withdrawals, was used to make a freehold purchase of a house in Bethlehem.
The title for this property was placed in the name of Gilbert's company, before being placed in the name of Gilbert's de facto partner in 2006.
The final withdrawal of funds, totalling $5000, was made in March 2005.
Crown prosecutor Julie O'Brien said Mrs Neilson had lost her "nest egg", accumulated "bit by bit, pay packet by pay packet".
She said Gilbert's offending had "driven a wedge" between Mrs Neilson and Gilbert's grandmother.
"She has lost the comfort of
probably five to eight years of her old age."

 Noting Gilbert's occupation as a broadcaster, Judge Rollo queried the value of anything which came out of Gilbert's mouth.
"The impression I have formed is that you see words as shiny baubles ... mere trinkets, perhaps of no lasting worth."
Judge Rollo noted that Gilbert was disqualified from being named as Power of Attorney, because of his bankruptcy, and said his actions had given rise to the misuse of reputable professional advisers.
Mrs Neilson had sued Gilbert's now-former partner in an attempt to recover some of the money taken from her, and had received a $140,000 settlement.
However, she spent about $46,000 on a private investigator and legal fees to investigate her suspicions of Gilbert's fraud.
Judge Rollo said Mrs Neilson's longevity had been a thorn in the side of Gilbert's fraudulent plans.
"The irony of the situation, Mr Gilbert ... is that she thwarted your plans by continuing to live and survive ... had she died, I suspect you would have gotten away with virtually all of their assets, as I am satisfied was in your mind from the early stages."
Judge Rollo said Gilbert had behaved in a  "thoroughly dishonest and despicable manner".

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