
- Auckland businessman Carel Johannes Viljoen was found guilty of money laundering after receiving nearly $2 million from scam victims.
- Viljoen claimed he was unaware of the illegal activity, but the court found him reckless.
- He faces up to seven years in jail, with sentencing scheduled for June.
A professional Auckland businessman has been found guilty of money laundering after he opened a Westpac account, received nearly $2 million from two scam victims, then funnelled their life savings overseas.
However, 鈥渕oney mule鈥 Carel Johannes Viljoen 鈥 who earned about $60,000 in commission 鈥 claims he had no idea he was involved in illegal activity.
He said he took steps to check the unusual financial arrangement was 鈥渁bove board鈥, but both he and Westpac were 鈥渇ooled鈥 by the sophisticated offshore investment fraud.
Viljoen, 61, is employed as a principal with infrastructure giant Beca, responsible for costing major projects worth hundreds of millions of dollars, including the Waterview Tunnel and North Shore police station.
He went on trial this week in Auckland District Court facing two money laundering charges in connection with a series of money transfers in January 2023.
He was found guilty on Wednesday afternoon and faces up to seven years in jail when he is sentenced later this year.
He has had interim name suppression since his arrest in June 2023 after Beca claimed that identifying him would cause the business undue hardship.
The company said there were only two people in the country that could do Viljoen鈥檚 job and Beca would likely have to terminate him should his name be publicised in connection with laundering scam proceeds.
But Judge Stephen Bonnar, KC, refused to continue suppression after the verdicts were delivered, saying the South African-born businessman had been found guilty of serious criminal offending and should now be named.
The victims - Northland retiree Steven Fan and now deceased pensioner Anthony Lipanovic - had been searching online for investment opportunities in December 2022. They stumbled across a website for Magnitude Financial where they registered their details.
Both men were then called by someone purporting to be a Magnitude Financial adviser who convinced them to invest in high interest bonds with the Commonwealth Bank of Australia.
The victims were told the bonds were a secure investment, backed by the Australian Government. They were sent prospectus information including links to glowing media articles about the company, and later payment instructions for the defendant鈥檚 Queen Street Westpac account.
Fan transferred just shy of $1m on January 13, 2023. Lipanovic transferred $950,000 on January 21.
Around $500,000 was later recovered, but most of the money was lost.
Beaming into the court by audio visual link this week, Fan said he was an 鈥渙rdinary person鈥 and thought he had done sufficient due diligence on the investment proposal.
鈥淚 spent ages on the website checking the links and I thought it was okay.
鈥淎ll these things are complicated to me. I鈥檓 not a businessman. I鈥檓 sure many people would make the same mistake.鈥
He was told the money was being sent to an 鈥渆scrow鈥 account where the funds would be held until both parties were satisfied with the trade.
鈥淚 didn鈥檛 question that. I鈥檓 not an expert. 鈥楾hat鈥檚 how it is,' I thought.鈥
Lipanovic gave a police statement after the fraud came to light but died before the matter went to trial.
Carel Johannes Viljoen, 61, claimed he sought assurance from Westpac Bank that the financial scheme was above board before transferring nearly $2m in stolen money overseas. Photo / Alyse Wright
The court heard Viljoen had been contacted about taking part in the scheme by his brother in South Africa, and agreed to set up an account to receive investor payments then transfer the money overseas.
He would receive payment instructions for accounts in Australia and a commission of about 3% for each successful transfer. His brother would receive a similar payment as a 鈥渇inder鈥檚 fee鈥.
Viljoen told police he was expecting to receive much smaller amounts and was shocked when the first million dollar payment landed in his account.
During opening submissions, defence lawyer Ciara Chester-Cronin said her client tried to conduct due diligence before proceeding with the scheme, which included seeking input from his bank.
鈥淗e took various steps to make sure everything he was doing was above board.鈥
She encouraged the jury to keep an open mind and reiterated that her client denied criminal offending.
Crown prosecutor Taniela-Afu Veikune said the Crown did not allege Viljoen knew he was part of a scam or that he set out to defraud the victims.
But the businessman was 鈥渞eckless鈥 as to whether the huge cash payments landing in his account were the proceeds of a crime, Veikune said.
The jury was shown a video interview Viljoen made with police in which he was asked about the size of the transactions and the business dealing with his offshore paymasters.
鈥淚 don鈥檛 trust it,鈥 the man allegedly told police.
鈥淚 was anxious as s**t. I was uneasy right from the start.
鈥淭his has to stop because there鈥檚 something not right about those amounts,鈥 he told a detective.
Viljoen also made a telling statement to police, saying: 鈥淚 was thinking about money laundering鈥.
Veikune said those admissions showed Viljoen had concerns about the nature of the money transfers he was involved in, but went ahead anyway.
鈥淗e鈥檚 on trial for being reckless, not the head of the snake.
鈥淗e was a mule, but a mule who saw red flags and carried on.鈥
Defence lawyer Matthew Goodwin told the court his client was foolish, not reckless. Photo / Sam Hurley
However, lead defence counsel Matthew Goodwin said his client was 鈥渇oolish鈥 rather than reckless.
Viljoen was a respected professional in his field, earning a good income and with financial security.
He was used to dealing with large amounts of money and did not realise he鈥檇 inadvertently become entangled in a scam.
Goodwin said Viljoen would never have become 鈥渋nvolved in this mess鈥 if not for his brother鈥檚 recommendation.
He trusted his brother and 鈥渁ssumed the scheme was above board鈥.
鈥淗e is another innocent party who unfortunately has been caught up.
鈥淗e did not act recklessly. He acted, with the benefit of hindsight, foolishly.鈥
The jury disagreed, delivering unanimous verdicts on both charges after just three hours' deliberation. Viljoen nodded in the dock as the guilty verdicts were read out.
He was remanded on bail for sentencing in June, when his lawyer indicated he will seek a discharge without conviction.
Detective Senior Sergeant Craig Bolton, who oversees the Auckland City Financial Crime Unit, said Viljoen pocketed $61,581 from both transactions. This money had since been returned.
Bolton said money laundering was not a victimless crime and the case was a wake-up call for other potential mules.
鈥淵ou should be extremely wary if someone approaches you wanting to do a deal where you receive and move money to different bank accounts, in exchange for a fee.
鈥淢oney laundering is a criminal offence.鈥
The Auckland Financial Crime Unit was investigating several other money laundering cases linked to term deposit scams, which were due before the court this year.
Lane Nichols is Deputy Head of 九一星空无限 and a senior journalist for the New Zealand Herald with more than 20 years' experience in the industry.
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