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The Gqeberha Specialised Commercial Crimes Court has sentenced former trust accountant, Liezel Badenhorst (44), to 15 years of direct imprisonment for the alleged theft of R18 million. Du Toit Attorneys Incorporated (DTS) also received a 15 year direct imprisonment sentence on a charge of theft. Badenhorst was employed by Du Toit Attorneys in Gqeberha from 2008 until her resignation in 2023.

According to NPA Regional Spokesperson Luxolo Tyali, “She was responsible for managing DTS’s client trust accounts, a fiduciary role that required her to safeguard client funds and ensure they were used solely for the intended legal purposes. However, between February 2018 and March 2023, Badenhorst exploited her position, using an internal banking system to transfer funds from the trust account into her personal bank accounts. She accessed DTS’s banking system using unauthorised credentials and fraudulently altered banking details to divert funds for her benefit.”

Badenhorst allegedly siphoned a total of R17 923 584.68 through this manipulation. When the fraudulent actions were discovered, Badenhorst resigned voluntarily on March 17 and admitted to the charges later, citing a serious gambling addiction as the motive behind her actions. She admitted to using the stolen funds to feed her gambling addiction at the Boardwalk Casino as well as Galaxy Bingo at Moffat on Main. She was arrested on July 24.

A thorough investigation was conducted of her crimes, and discrepancies were uncovered in the firm’s accounting records. Evidence showed that she had falsified entries in the General Trust (GT) accounting system and misappropriated client funds for personal use, thereby causing significant financial harm to DTS and its clients.

Arguing for an appropriate sentence, Senior State Advocate Danisile Mkwanazi stated that the actions of Badenhorst represented a gross violation of the trust placed in her by her employer, clients, and the broader legal profession.

Mkwanazi added, “Her deliberate manipulation of the financial system is a serious offence that undermines the integrity of both the legal and financial systems.”

A Victim Impact Statement, led by Court Preparation Officer Ayanda Heugh, was presented during the proceedings. The statement highlighted the devastating impact this crime had on the victims, expressing the emotional and financial toll it took on the firm and its clients. The statement underscored the deep sense of betrayal and the lasting effects of such criminal conduct on the individuals and businesses involved.

Welcoming the sentence, Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, emphasised the importance of holding individuals accountable for crimes of this nature.

“The sentence reflects the seriousness with which the justice system addresses financial crimes, especially when they involve breaches of fiduciary duty and the exploitation of client trust funds. We are committed to ensuring that those who commit such crimes face appropriate consequences for their actions,” DPP Madolo stated.

“We welcome this sentence as a message that criminal activities of this nature will not be tolerated, and we commend the work of law enforcement and prosecutors in bringing this matter to a successful conclusion.”

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