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In a significant ruling, the Durban Specialised Commercial Crimes Court handed down a 12-year prison sentence to 51-year-old Sivalingam Naidoo for committing numerous acts of fraud and money laundering. The case sheds light on the malicious exploitation of a position of trust to embezzle funds. Operating as a property administrator, Naidoo managed to orchestrate an elaborate scheme that channeled millions from rental incomes into his own pocket.
The deceit unfolded over the course of 15 months, from July 2015 to October 2016, while Naidoo was tasked with managing the administrative aspects of property rentals for Phoenix Cash and Carry. Unbeknownst to his employer, who owned a chain of businesses within the Durban area, Naidoo began siphoning considerable sums, aggregating to a staggering R5.873 million. The scheme began unraveling when the property owner identified inconsistencies within the company’s bank account statements.
A thorough investigation ensued, catalyzed by a single illicit transfer of R1.15 million to Naidoo’s own bank account. Further inquiries revealed that Naidoo had misrepresented his reasons for collecting cash rents from tenants, thus concealing his fraudulent practices. It wasn’t long before the wrongdoing was reported to the Phoenix police station, leading to the involvement of the Hawks, South Africa's Directorate for Priority Crime Investigation, whose Serious Corruption Investigation team delved into the complexities of the case.
Following his arrest in 2017 and after multiple court appearances, Naidoo was finally brought to justice, being convicted of 344 counts of fraud alongside two counts of money laundering. Out of the 12-year sentence, he will serve 9 years for fraud and an additional 3 years for money laundering activities.
The severity of the sentence not only reflects the significant monetary values involved but also sends a clear message condemning white-collar crime. Major General (Dr) Lesetja Senona, the KwaZulu-Natal Directorate for Priority Crime Investigation Provincial Head, took the opportunity to commend the diligence and meticulous efforts of the investigating team in securing this conviction.
The conviction of Sivalingam Naidoo serves as a poignant reminder of the consequences facing individuals who betray the trust placed in them for personal gain. The KwaZulu-Natal legal system has thus reinforced the principle of accountability and rule of law within the corporate sector.