Szabo & Associates News & Updates
Commercial Fraud: Vengeful Employee Defrauds Employer
Fraud can take many forms. Section 192E of the Crimes Act 1900 (NSW) makes it a criminal offence to obtain property belonging to another, or obtain any financial advantage or cause a financial disadvantage to another, where this is done dishonestly by any deception.
Tony Petrovski, a 43-year-old tour operator from Illawarra, decided to take revenge on his employer, Imperial China Tours, by making 82 unauthorised transactions, amounting to $429,318 to himself. He also accepted a cash payment to help pay for a false claim that he needed cancer treatment. He was apparently upset by the alleged failure of his employer to deliver on bonuses they had promised. Earlier this year, motivated by "anger and vengeance and some sense of entitlement", he pleaded guilty to five counts of fraud.
When sentencing, the court will take into account several factors such as the value of the fraud and motivation. If the perpetrator demonstrates remorse or attempts to make good the loss, then the court will take that into account too. This was the position in this case.
The court noted that Petrovski had sold his house to repay his employer and exhibited remorse both through his plea of guilty and actions after he had been detected. He was sentenced to a total of three years in prison to be served by intensive correction orders to include 750 hours of community work. This means he will not be incarcerated as long as there is compliance with the terms of the orders.