Convicted fraudster Visham Panday, who has been on the run since February, has been nabbed by the Pietermaritzburg Hawks. Panday, 32, was first arrested in December after allegedly posing as a Dr Calvin Naidoo in 2009, promising a woman a lucrative job with his company in the US and persuading her to invest her life savings of about R450 000 in a business. The woman received no returns and opened a fraud case.
On Wednesday, Brigadier Keith Flack, the acting provincial commander overseeing the organised crime unit, said Panday was arrested at about 10am by officers who had been searching for him since he absconded from court in February this year. Flack said Panday was being detained at the Durban Central police cells and would appear in court on Thursday.
Panday was granted bail of R25 000 in the Durban Magistrate’s Court for the fraud charge in December last year, but was arrested on the day of his release for assaulting his girlfriend, Vanishree Naidoo. The State then revoked his bail, pending an inquiry into whether he had breached his bail conditions by leaving Durban without permission and by assaulting a State witness. During the inquiry in January, the investigating officer, Warrant Officer Stephen Gouws, testified he feared Panday would abscond if his bail was reinstated. However, magistrate Anita Govender ruled in Panday’s favour and reinstated his bail. She found that he had not breached his bail conditions, as the court’s jurisdiction had not been explained to him. Govender also chastised the State for failing to disclose the facts relating to his previous conviction during his bail application, saying that this was pertinent information. It was after this inquiry, when his bail was reinstated, that he absconded.
Meanwhile, a Phoenix doctor and seven others were arrested on Wednesday in connection with a life insurance scam. Colonel Vincent Mdunge of the SAPS said the doctor and funeral parlour owners had signed death certificate documents in 2010 that allowed a woman to claim R500 000 from 1lifedirect insurance company when no death had occurred.
Source: IoL
Showing posts with label Keith Flack. Show all posts
Showing posts with label Keith Flack. Show all posts
Thursday, July 19, 2012
Tuesday, July 17, 2012
Accused says probe is tainted
Convicted fraudster Yusuf Omarjee said an organised crime unit police officer was on a “witch-hunt” and was intent on arresting him on trumped-up charges. Omarjee, the owner of Zungeza Trading, a container storage company, made the claims in an application he brought in the Durban High Court against the police to have Lieutenant Muntomuhle Mbhele removed as the investigating officer in a theft case. He had opened the theft case earlier this year against two of his former employees, Terrence Pillay and his sister, Laura Pillay, for allegedly stealing more than 100 shipping containers worth R2.5 million. He said a Maydon Wharf police detective had initially investigated the case, but it had been taken over by Mbhele, who had “insisted” on handling the case.
Mbhele had been the investigating officer in a fraud case in which Omarjee had been charged in 2008. Omarjee, who was charged with defrauding banks of R39m, pleaded guilty in the Durban Regional Court in December 2010 to 160 counts of fraud and two counts of corruption. He was given an effective suspended sentence and a R2.5m fine.
Omarjee said the previous investigating office had been carrying out a thorough investigation, and had recovered some of the containers and arrested Laura Pillay, but this changed when Mbhele took over the case.
“Since the third respondent (Mbhele) took over, the applicant has not received the level of co-operation and diligence that it is entitled to. Mbhele has not interviewed me and he took over a month to arrest the second accused, Terrence Pillay.”
He added that, as a result of the previous fraud case against him, he and Mbhele had a “bitter and strained relationship”, and Mbhele was disappointed that he had not been sent to jail.
Omarjee claimed that his business was suffering financially as Mbhele had failed to take steps to find the missing containers or move forward with the investigation.
“The third respondent (Mbhele) cannot investigate this case as his judgement is completely tainted by his acrimony and hatred for me. He is intent on building a case against me rather than bringing the Pillays to book. He is also investigating other charges against me and it is therefore improper for him to handle the theft case.”
In a replying affidavit, Mbhele denied that he was carrying out an improper investigation or that he had been hostile towards Omarjee. He said he had taken over the theft case as it was related to other cases he was investigating against Omarjee.
“I deny that I insisted on handling the case. I took over after a decision was made by my commander as it was linked to my other investigation against Omarjee. I further deny that I have ulterior motives to falsely implicate Omarjee. I was not vindictive during the previous investigation. If I am removed, it will cause a delay in the case.”
Keith Flack, the acting provincial commander overseeing the organised crime unit, said it would be “prejudicial to the interests of justice” to have Mbhele removed.
“Omarjee is trying to immunise himself against further investigations and the imposition of the sentence that is currently suspended. A proper investigation is being carried out.”
The case was adjourned to October.
Source: IoL
Mbhele had been the investigating officer in a fraud case in which Omarjee had been charged in 2008. Omarjee, who was charged with defrauding banks of R39m, pleaded guilty in the Durban Regional Court in December 2010 to 160 counts of fraud and two counts of corruption. He was given an effective suspended sentence and a R2.5m fine.
Omarjee said the previous investigating office had been carrying out a thorough investigation, and had recovered some of the containers and arrested Laura Pillay, but this changed when Mbhele took over the case.
“Since the third respondent (Mbhele) took over, the applicant has not received the level of co-operation and diligence that it is entitled to. Mbhele has not interviewed me and he took over a month to arrest the second accused, Terrence Pillay.”
He added that, as a result of the previous fraud case against him, he and Mbhele had a “bitter and strained relationship”, and Mbhele was disappointed that he had not been sent to jail.
Omarjee claimed that his business was suffering financially as Mbhele had failed to take steps to find the missing containers or move forward with the investigation.
“The third respondent (Mbhele) cannot investigate this case as his judgement is completely tainted by his acrimony and hatred for me. He is intent on building a case against me rather than bringing the Pillays to book. He is also investigating other charges against me and it is therefore improper for him to handle the theft case.”
In a replying affidavit, Mbhele denied that he was carrying out an improper investigation or that he had been hostile towards Omarjee. He said he had taken over the theft case as it was related to other cases he was investigating against Omarjee.
“I deny that I insisted on handling the case. I took over after a decision was made by my commander as it was linked to my other investigation against Omarjee. I further deny that I have ulterior motives to falsely implicate Omarjee. I was not vindictive during the previous investigation. If I am removed, it will cause a delay in the case.”
Keith Flack, the acting provincial commander overseeing the organised crime unit, said it would be “prejudicial to the interests of justice” to have Mbhele removed.
“Omarjee is trying to immunise himself against further investigations and the imposition of the sentence that is currently suspended. A proper investigation is being carried out.”
The case was adjourned to October.
Source: IoL
Wednesday, May 11, 2011
More allegations against accountant
Durban North chartered accountant Antony Marais, who has been charged with fraud and theft, could be charged with more offences. Marais, who has since closed his offices in Ennisdale Drive, appeared in the Commercial Crime Court yesterday. He was arrested in March after allegations were made by two of his clients that he had misappropriated their money.
Yesterday, prosecutor Musa Mzelemu said six more complainants had come forward with allegations against Marais. “The complaints have only come to light now because they were initially laid with the independent regulatory board of accountants,” he said.
Mzelemu said the allegations were being investigated by Brigadier Keith Flack, a senior officer from the commercial crime branch. Marais has also had a final sequestration order made against him in the Durban High Court. After the provisional sequestration order was granted, Marais initially said he would oppose the application, but he did not. In the sequestration application, former client Norman Baggaley accused Marais of misappropriating funds. Baggaley claimed in his affidavit that Marais admitted that he had used the money for something else, that he was in financial difficulty and could not pay him. And in an affidavit attached to the application, an attorney acting for a 96-year-old pensioner said his client was owed more than R800 000. Documents before the court reflect that pensioner Artur Pimenter obtained default judgment against Marais for R810 000, being the capital sum (plus interest) he had given him to invest with Investec Bank in March 2009. But, in spite of demands for its release, the money was never paid over to him. Pimenter’s attorney, Alan Cohen, said his investigations had revealed that “the funds have been misappropriated”.
Marais is out on bail of R15 000 and the case was adjourned to July.
Source: IoL
Yesterday, prosecutor Musa Mzelemu said six more complainants had come forward with allegations against Marais. “The complaints have only come to light now because they were initially laid with the independent regulatory board of accountants,” he said.
Mzelemu said the allegations were being investigated by Brigadier Keith Flack, a senior officer from the commercial crime branch. Marais has also had a final sequestration order made against him in the Durban High Court. After the provisional sequestration order was granted, Marais initially said he would oppose the application, but he did not. In the sequestration application, former client Norman Baggaley accused Marais of misappropriating funds. Baggaley claimed in his affidavit that Marais admitted that he had used the money for something else, that he was in financial difficulty and could not pay him. And in an affidavit attached to the application, an attorney acting for a 96-year-old pensioner said his client was owed more than R800 000. Documents before the court reflect that pensioner Artur Pimenter obtained default judgment against Marais for R810 000, being the capital sum (plus interest) he had given him to invest with Investec Bank in March 2009. But, in spite of demands for its release, the money was never paid over to him. Pimenter’s attorney, Alan Cohen, said his investigations had revealed that “the funds have been misappropriated”.
Marais is out on bail of R15 000 and the case was adjourned to July.
Source: IoL
Friday, March 15, 2002
Court orders Gayadin millions held in trust
Sunny Gayadin and his family's millions in foreign banks, local money, and Durban and Dundee properties, are now held in trust, pending an action for them to be forfeit to the state. This order was made by Judge Kondile in the Pietermaritzburg High Court on Friday. The curator who is to assume control over the assets is chartered accountant John Waymark of Ernst and Young. Gayadin assented to the order.
In another court on Tuesday, Gayadin and a close corporation admitted liability for damage to the historic Buchanan Street swimming pool in Pietermaritzburg. The pool was closed for six months when its buildings were damaged by illegal demolition of a building ordered by Gayadin.
In Friday's case, Scorpions staff said the vast amounts of money and properties were the proceeds of the Gayadins' illegal casinos. In November 2000 Gayadin paid an admission of guilt fine of R248 250 in the Durban regional court for illegal gambling. Scorpions chartered accountant Keith Flack said the amounts held overseas were transferred in contravention of the exchange control regulations. He said the family's legitimate business interests made a profit of R458 404 from 1995 to 2000, which allowed him to say the Gayadin assets were the proceeds of illegal casinos.
Money held in foreign banks includes R1 324 620 in Barclays Bank in the Isle of Man and R9 091 778 in Standard Charter Bank, Jersey. Also held in trust are local financial assets totalling R1 480 094, properties at 158 West Street, Durban, and 63 Victoria Street, Dundee.
Source: IoL
In another court on Tuesday, Gayadin and a close corporation admitted liability for damage to the historic Buchanan Street swimming pool in Pietermaritzburg. The pool was closed for six months when its buildings were damaged by illegal demolition of a building ordered by Gayadin.
In Friday's case, Scorpions staff said the vast amounts of money and properties were the proceeds of the Gayadins' illegal casinos. In November 2000 Gayadin paid an admission of guilt fine of R248 250 in the Durban regional court for illegal gambling. Scorpions chartered accountant Keith Flack said the amounts held overseas were transferred in contravention of the exchange control regulations. He said the family's legitimate business interests made a profit of R458 404 from 1995 to 2000, which allowed him to say the Gayadin assets were the proceeds of illegal casinos.
Money held in foreign banks includes R1 324 620 in Barclays Bank in the Isle of Man and R9 091 778 in Standard Charter Bank, Jersey. Also held in trust are local financial assets totalling R1 480 094, properties at 158 West Street, Durban, and 63 Victoria Street, Dundee.
Source: IoL
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