Chirag Harilal Mistry, a 33-year-old Papatoetoe resident, has had his home detention sentence extended after defrauding his former employer, Ray White, of another $112,000, The New Zealand Herald reported. This latest sentencing in Auckland District Court comes just months after he was sentenced for a separate $225,000 fraud against the real estate franchise.
Using fraudulent invoices and altered bank account details, Mistry exploited cloud-based billing software to divert funds into his personal accounts. Between 2016 and 2023, he siphoned nearly $340,000 from the company to fuel an expensive gambling addiction, primarily at SkyCity Casino.
Mistry’s most recent fraud occurred between June 2022 and March 2023, during which he created false invoices for maintenance work, inserting his own bank details for payments. After resigning in October 2022, he continued accessing the company’s billing system using his co-workers’ login details. This scheme enabled him to steal another $39,000 by altering landlords’ bank account numbers on 35 occasions.
Court documents revealed Mistry used his property manager credentials for many transactions and stole co-workers’ logins for others.
“This is an entirely regrettable situation for you,” Herald quoted Judge Kevin Glubb at the latest hearing. He noted the severe personal repercussions Mistry faced, including the departure of his wife, who moved overseas after his arrest.
“He’s really lucky I don’t send him to jail, actually,” Judge Glubb remarked, referencing the maximum seven-year prison term for each of the two counts of obtaining by deception.
Instead, the judge cancelled Mistry’s original nine-month home detention sentence, which was set to end in May, and replaced it with a new 12-month term. Mistry was also ordered to complete 100 hours of community work.
In August, Mistry had been sentenced in Manukau District Court for the earlier $225,000 theft, which he repaid in full. However, the $112,000 from the latest case remains unrecovered.
Defence lawyer Malia Fuamatu highlighted Mistry’s early guilty plea, remorse, and efforts toward rehabilitation, including self-banning from SkyCity. She argued for a non-custodial sentence, noting Mistry’s current unemployment and willingness to repay $30-$40 per week.
Despite these factors, police emphasised the significant premeditation involved and the breach of trust between Mistry and his employer, which had the potential to damage Ray White’s reputation.
Judge Glubb underscored the risk Mistry posed to the business community, classifying him as a medium risk of reoffending. He warned Mistry against future misconduct, stating, “By the skin of your teeth, you avoid [prison] today. If you come back before the court on any ... related offending, you will go to jail,” Herald quoted.
While restitution was not sought due to the company’s successful insurance claim, the case highlights the devastating consequences of workplace fraud and gambling addiction.