The man was found guilty of stealing about $1.4m from an Auckland rest home following a two-week trial in the High Court at Auckland. Photo / NZME
The man was found guilty of stealing about $1.4m from an Auckland rest home following a two-week trial in the High Court at Auckland. Photo / NZME
A convicted fraudster who stole up to $1.4 million from an Auckland rest home is fighting to keep his name secret so he can retain his land development job dealing with financiers on projects worth $600m.
The Herald can also reveal that after stealing the money the man went onto become a successful professional in another field for one of the country's most high profile firms.
He lost his licence in 2016 due to concerns about his dishonesty when a watchdog ruled he was unfit to practice, only to be reinstated to the profession following a landmark appeal backed by his then employer.
The man and his then firm fought unsuccessfully to keep their names secret, arguing publication of their identities would cause undue reputational damage to the company's national brand.
As the Herald prepared a story naming the man and the company, he abruptly quit the profession and was subsequently charged with 49 counts of fraud. His name has been suppressed ever since to protect his fair trial rights.
He was found guilty this month on 45 charges following a two-week trial in the High Court at Auckland.
Evidence revealed he'd siphoned money from the rest home accounts in offending spanning seven years, using the money on personal expenses such as school fees, Sky TV subscriptions and gym memberships, and to pay contractors working on his and his wife's dream lifestyle home.
He will be sentenced in October.
And despite the potential he could be jailed, the man is trying to keep his name suppressed in the hope he receives a community sentence that would enable him to maintain his current job.
The land development company where he now works admits it knew about the man's background and that he could face criminal charges when it gave him a "second chance" - employing him in a pivotal management role dealing with financiers and other key relationships on several multi-million dollar projects.
At a suppression hearing this month, the company's lawyer argued there was no public interest in naming the man, and that his identity should remain secret in case the company suffered adverse publicity by being unfairly linked to his fraud convictions.
The company also sought permanent suppression of its name.
"The world of property development is one where reputations are valuable and public interest is high," the lawyer said.
"There is a heightened risk that highly adverse links will be drawn between [the man's] offending and my client.
"There's serious economic activity at stake here."
Justice Timothy Brewer presided over the fraud case this month in the High Court at Auckland. Photo / NZME
In a reserved decision handed down this week, Justice Timothy Brewer said the company "took the risk" when it hired the man.
He dismissed the man's suppression application, saying the required threshold of extreme hardship had not been met.
The man had set up an accounting system to "systematically defraud' the rest home and committed serious dishonesty over a period of years.
People who had future business dealing with the man "should not have concealed from them this criminal history", Justice Brewer said.
"It is often the case that defendants convicted of serious criminal offending lose their livelihood or employment as a result.
"Loss of livelihood or employment is an ordinary associated consequence of such offending."
The company's lawyer indicated he was likely to appeal, meaning the man and his current employer still can't be named.
'It's unfathomable, it's incomprehensible'
The Herald has been following the man's case for more than five years. And despite two civil court findings that the man "misappropriated" the rest home funds, and a jury finding him guilty of serious criminal charges, his name remains suppressed.
While awaiting trial he continued to conduct business and hold roles as a company director.
The director of the defrauded rest home told the Herald he was stunned authorities had allowed the man to continue in his earlier professional role while a police investigation had been underway.
"It's unfathomable, it's incomprehensible and it's indefensible. You really couldn't run a defence to say that is justified. The people of New Zealand have been badly let down."
The director said his company had spent more than $1m reconstructing its financial records and chasing the man for the money he stole.
He questioned why both the earlier employer and land development company had stood by the man despite earlier court findings and criminal charges.
"This guy was allowed to carry on ... I just think that's ridiculous."
The man was found to have illegally diverted large amounts of cash from the rest home between 2005 and 2012, much of it involving cashed cheques, payments to third parties or salary overpayments.
He eventually repaid the money following a civil court order after being forced to sell his lifestyle property.
He began working in his earlier professional role in 2013 but a watchdog declined to renew his license in 2016 after learning of his "dishonest conduct".
The man appealed the decision in 2017, arguing there was no "proven dishonesty".
His lawyer also claimed the alleged offending had occurred before the man entered the profession and that he had enjoyed an "unblemished" disciplinary record since.
The appeal body agreed and reinstated the man's professional licence.
It noted that an earlier civil court decision raised serious concern about the man's fitness to practise and involved a significant sum of money.
It was also concerning that the man had "steadfastly" denied any wrongdoing, indicating a "lack of insight".
However, the man's then employer had offered ongoing support and commitment to monitor his activity, including random audits and access to his electronic files and deleted emails.
While the public "might wonder" about his reinstatement, the firm's proposed supervision gave the appeal body comfort that consumer protection and confidence in the industry "will not be compromised".
The man subsequently surrendered his license and was later charged with fraud.
During an earlier Herald interview, he denied any wrongdoing.
"We didn't do it. It was an interpretation of a very poor management structure which the court referred to and the judge found on a no guilt basis that there was money owed."
He denied public safety had been compromised and said there'd been no complaints about his professional work.
"I don't deal with money ... so I don't believe anybody was put at risk."
After the man lost suppression in 2017, his lawyer said another opportunity had "unexpectedly presented itself", and his client was leaving the profession for the "foreseeable future".
His then firm said the man's professional conduct had been carefully monitored and he'd performed his commitments to a "high professional standard". However the man was no longer employed "and will not be rejoining the company".
The watchdog said it considered appealing the tribunal decision to reinstate the man's licence. It was concerned it could not always keep people "it does not deem worthy" out of the profession.
