A manager who committed a £40,000 fraud on Cardiff’s Civil and Family Justice Centre to buy himself a new conservatory and two motorbikes he couldn’t even ride has been jailed for 18 months.
Married father-of-two Ross McKenzie took money over an 18-month period then tried to blame his undiagnosed bi-polar condition for making him behave in a “bizarre” way – causing him to “spend on impulse” and “take risks”.
Prosecutor Nicholas Gareth Jones told Cardiff Crown Court McKenzie had got away with more than £35,400 while a further cheque for £4,750 was stopped.
“The total fraud which he had admitted was over £40,000,” he said.
'Shame is absolute'
McKenzie said the money had been spent on things like two motorbikes, which he didn’t even know how to ride, and his bi-polar must have played a part.
He told his lawyers and a psychiatrist that the illness – which was not recognised until last year although he had a history of depression and other issues – even made him believe the money was his own.
Defence barrister Andrew Jones pleaded for leniency and said McKenzie’s prosecution had already traumatised his family who could not believe it when he was arrested and losing him to a prison cell would be even more catastrophic for them.
“The shame on him and them is already absolute,” he told the court.
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But Judge Michael Fitton QC said the 35-year-old had breached the trust of his employers who made him a manager at HM Courts and Tribunal Services with access to a cheque book and court funds.
He had also cast suspicion on colleagues at the court by trying to cover his tracks when his bosses started investigating.
A psychiatrist asked to prepare a report – although describing McKenzie as “brittle” – did not support his claims about the effects of his illness.
'Stole for your own benefit'
The judge told him: “I accept you have a history of mental health issues. I make it clear, as a matter of common humanity, that I sympathise with difficulties.
“But as a manager in Cardiff’s Civil Justice Centre you were expected to set the highest standards of integrity.
“You knew what you were doing and you have been hiding from the truth – trying to convince yourself and those around you that you just couldn’t help yourself.
“You were trusted with access to a cheque book but around a dozen times you used it to write cheques and steal money for your own benefit.
“You worked on the assumption that no one would dare to think you had done this.”
He said while McKenzie’s position had at first kept him above suspicion when the “heat was on” he had gone to his office on a Saturday to try to disrupt the computer records to protect himself.
“It doesn’t help that time and resources had to be spent investigating with suspicion being cast on people around you,” Judge Fitton said.
“You could have spared your colleagues that anxiety – you let down them and let your family down.
“I accept you deeply regret it now and you are terrified of going to prison but it can’t be avoided.”
Mr Jones said McKenzie’s crime came to light when Lloyds Bank had to return the cheque for £4,750 because of a mistake on it.
Colleagues who received it could not reconcile it with any legitimate payment.
“That Friday the defendant said he was feeling unwell and went home early but he returned the next day and accessed the computer.”
Inquiries revealed one fraudulent cheque, for £2,500, had been made out to a friend and others had been paid to his wife.
Mr Jones said: “She too was arrested but said she’d had no idea that he stealing money and no charges were brought against her or anyone else.”
Other cheques had been issued to credit companies and to McKenzie’s bank.
“The money had gone on the motorbikes and clothing, to pay off credit card debts, and on a conservatory at his home,” he said.
McKenzie of Bryncyn, Pentwyn , Cardiff , was said to have assets of £26,000 which the authorities will be seeking to take from him under proceeds of crime legislation.
see-http://www.walesonline.co.uk/news/wales-news/court-manager-used-proceeds-40000-11037425
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