Sneaking a signed bank withdrawal form for $70,000 off a lawyer’s file and then withdrawing the money amounted both to criminal deception and to financial abuse equated with domestic violence. The withdrawal form was being held pending final agreement on a relationship property dispute, but agreement had stalled.
The Court of Appeal confirmed a sentence of nine months’ home detention for Robert Britt Cooper. The court was told Cooper and his estranged wife agreed at mediation in general terms over division of their relationship property. As part of the deal, they both signed a bank withdrawal form breaking a $70,000 term deposit in the name of their family trust. This was to be held un-actioned on Cooper’s file at MD Law in Kerikeri pending final agreement on relationship property. With no final agreement, Cooper visited MD Law at a time he knew his lawyer was overseas and asked staff if he could see his file to get copies of some documents. While a staff member copied documents from the file at his request, Cooper pocketed the signed withdrawal form. He then withdrew the $70,000, refusing to return the money.
A failure to disclose a material fact (removal of the withdrawal form) when asked by staff if there were any other documents he wanted amounted to deception.
It was also an act of domestic violence. There was a protection order in force against Cooper. Psychological abuse of a protected person is a breach of the Domestic Violence Act. Psychological abuse includes financial abuse; limiting access to financial resources. Withdrawing the $70,000 limited his estranged wife’s potential access to funds.
Cooper v. R. – Court of Appeal (18.05.18)
18.110