A financial manager and his life partner were sentenced to more than 18 years imprisonment for reportedly stealing more than R15.4 million from their employer.
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As per the National Prosecuting Authority of South Africa, David Erasmus Marais (55) and Brian Wilson (49) were sentenced in the Bellville Commercial Crimes Court on charges of theft and money laundering after it was discovered that the couple stole millions of rands from their employer, Soma Initiative (Pty) Ltd, between 2009 and 2019, to use on gambling.
Eric Ntabazalila, the National Prosecuting Authority’s regional communications manager for the Western Cape, says Marais had access to the company’s bank accounts and was responsible for the payment of creditors and service providers from the company’s account.
‘The State alleged and proved that between 13 April 2018 and 09 April 2019, Marais whilst acting in execution or furtherance of a common purpose with Wilson, stole more than R15,4million from the company’s bank accounts.
‘He deposited the money into his and his partner’s bank accounts while pretending the payments were made to creditors and service providers. More than R9,3 million was deposited into Wilson’s bank accounts while he deposited more than R5,5 million into his bank accounts,’ says Ntabazalila.
‘The State proved that Wilson availed his bank accounts for his partner to deposit the monies into his bank accounts illegally. The couple spent the money on gambling which concealed or disguised nature, source, location, disposition, or its movement.
‘This constituted the money laundering charge preferred against the accused.’
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According to the State, the couple committed the offences out of greed. ‘The theft caused the company’s overheads to exceed a million per month which required the Managing Director to recapitalise the company with millions personally and to settle its outstanding VAT payments of approximately R1,5million out of his pocket,’ says Ntabazalila, adding that as a result, the company’s staff members did not receive their annual salary increase or end-of-year bonus for three years because it struggled to break even and remain viable.
Marais and Wilson then flew to Ireland and relocated to Georgia, where they were traced, arrested and extradited to South Africa.
These are their respective sentences:
Marais was sentenced to 18 years imprisonment for theft, of which six years of imprisonment were suspended on the condition that he was not convicted of fraud, theft, or an attempt to commit any of the offences during the period of suspension.
He also received four years imprisonment for money laundering, His sentence will run concurrently with the 12 years imprisonment sentence for theft.
Wilson was sentenced to 12 years imprisonment for theft, with six years imprisonment suspended for five years on the condition that he is not convicted of fraud, theft, or an attempt to commit any of the offences during the period of suspension.
He also received four imprisonment for money laundering. His sentence will run concurrently with the six-year imprisonment sentence of theft.
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Picture: Grant Durr / Unsplash
