A former Timaru real estate agent with a gambling addiction who defrauded a client and the company he worked for has had his licence cancelled and been ordered to pay compensation by the Real Estate Agents Disciplinary Tribunal.
Brendan Marshall, who was an area manager for Oamaru, Timaru, Geraldine and Waimate, was found to have defrauded his employer, Hastings McLeod, and a client. He was ordered to pay compensation of $1197.50 to the client and $9355.95 to Hastings McLeod.
His misconduct was described by the tribunal as serious.
The complaint against Mr Marshall was laid in May this year, and said he created false invoices and charged them to Hastings McLeod, using them to justify cash withdrawals from two bank accounts, an imprest account and a credit card.
He also created false invoices for advertising costs that were higher than incurred, and charged them to a client, using payments for his own personal use.
The complaint was heard in Timaru in October and Mr Marshall did not appear, but communicated with the panel in emails in which he denied the charges and explained the expenditure by listing items purchased.
He referred to being a problem gambler and was ''100% committed to kicking what has been a lifelong addiction''.
Mr Marshall said he did not accept the processes involved and would never again work in the real estate industry in New Zealand.
However, the panel found evidence against Mr Marshall ''credible and honestly given'', proving the charge ''on the balance of probability''.
''. . . there has been much more than a simple one-off instance of fraud but, rather, a pattern of conduct seemingly triggered by what the defendant has referred to as his gambling addiction.''
The was no doubt the misconduct was of a serious nature.
While a ''substantial fine'' would normally be imposed for such conduct, Mr Marshall was ''not financially sound'' and the panel decided to focus on orders reimbursing the victims of the fraud.
