25 May 2017

Fraud: Devoy v.R.; Ghorbani v. R.

Appeals against sentence by Eli Devoy and her brother Mehrdad Ghorbani for involvement in a $5.8 million mortgage fraud were dismissed by the Court of Appeal.
Devoy was jailed for five years and Ghorbani for two years seven months following conviction for a mortgage fraud spread over three years netting $5.8 million from multiple banking and lending institutions.  Falsified and forged documents were used to get loans on eleven properties.  The court was told family members together with other members of Auckland’s Iranian community were used as dummy purchasers of residential property with a contemporaneous on-sale to members of the Ghorbani clan at an inflated price.  Mortgage finance was raised using figures generated by the second inflated price and loan documents supported with falsified employment and income records.  This gave members of the Ghorbani clan each a house to live in with cash in hand.  In some instances the fraud was recycled when a mortgage fell into arrears; the property was sold cheaply to a dummy buyer in the face of a likely mortgagee sale and another lending institution duped with a contemporaneous sale to another family member at an inflated price.
On appeal, Devoy said there was a miscarriage of justice because trial counsel failed to properly cross-examine Barfoot and Thompson real estate agent Zohreh Homei Azimi.  Devoy alleges Ms Azimi duped her.  Devoy said she was no more than an innocent conduit acting on behalf of Ms Azumi in submitting forged and falsified documents to lending institutions.
The Court of Appeal said trial counsel did not err.  Counsel could not aggressively cross-examine Ms Azumi; that would cause Devoy’s criminal record for dishonesty being admissible as evidence.  Devoy has a number of convictions for dishonesty, starting with a conviction for benefit fraud in 2003 shortly after arrival in New Zealand.  Devoy’s own shifting pattern of evidence hampered trial counsel, the Court said.  After telling her lawyers she was innocent, at trial Devoy’s evidence only served to tie her into the fraud.  A 2012 Serious Fraud Office search of her Eastern Beach home uncovered what was described as veritable Aladdin’s cave of incriminating documents.  Devoy refused to participate in a Serious Fraud Office interview.  Prosecutors described Devoy as the mastermind of the operation.
The Court of Appeal dismissed Devoy’s appeal against conviction and dismissed both Devoy’s and Ghorbani’s appeals against sentence.      
Devoy v. R.; Ghorbani v. R – Court of Appeal (25.05.17)

17.053