23 November 2015

Fraud: McGregor v. R.

Three years and ten months imprisonment for Joanne Christine McGregor following thefts of $472,900 from clients of Perpetual Trust was confirmed by the Court of Appeal as not being manifestly excessive.
The court was told McGregor misused her position at Perpetual Trust managing estates, trusts and personal affairs of clients to start stealing client money from early 2008, some nine months after starting employment with the Trust company.  She took money directly from client accounts, used client ATM cards to withdraw cash and used friend’s names without their knowledge to generate false invoices.  In one instance she supposedly purchased a car on behalf of a Perpetual client but registered the vehicle in her own name.  Evidence was given that the stolen funds were used to buy a home, purchase two cars, pay for an overseas trip and make payments to a family trust.
McGregor pleaded guilty.  In the Court of Appeal she said the jail term was excessive.  She said her mental health should have been taken into account.  There was evidence McGregor suffered from mild post-traumatic stress following the February 2011 Christchurch earthquake.  She was working from Perpetual Trust offices in the Pyne Gould Guiness building at the time of the earthquake, but was away at lunch when the earthquake struck and the building collapsed. Many of her friends and colleagues were killed.  The Court said her offending started years before the earthquake. 
McGregor said the length of the sentence failed to take into account her remorse.  The Court said no allowance could be made for remorse beyond the reduction already given for her guilty plea.  She had been reluctant to fill in a statement of assets and liabilities required before sentencing.  She had attempted to mislead the sentencing judge, said the Court, making little effort to sell her house while telling the judge she was selling up to better pay reparations for the money stolen.  When sentenced to jail, McGregor was ordered to pay $50,000 reparations.
Perpetual Trust made good all the money stolen from client accounts.
McGregor v. R – Court of Appeal (23.11.15)

16.010