Harcourts' $1.4 million fraudster agents have prison sentences upheld

A husband and wife team have lost their appeals in the Sydney District Court against the length of their custodial sentences this week.

The previous real estate agents, Roger and Gordana Ocvirk,  were director and company secretaries respectively of Bayelm Pty Ltd, and trading as Dougmal Harcourts Warilla Sales and Strata Decisions Wollongong.

On 23 May the couple were each sentenced to 18 months imprisonment, 12 months non-parole, in Wollongong Local Court.

They had been involved in a $1.4 million real estate fraud.

After hearing the appeal on 1 October, the couple withdrew their appeals in Sydney District Court on 2 October. They had been told by Judge King that if they did not, their sentences may both be increased.

The appeals were then dismissed after withdrawal.

Roger Ocvirk's additional appeal against the Wollongong magistrate's decision not to deal with his offences under the Mental Health Act 2007 was dismissed. He had claimed mental impairment during the time the offences had been committed.

The case was described as tragic, by NSW Fair Trading commission, Rod Stowe. However, he said that it required the full force of the law.

“Fraud of any sort in the real estate industry will not be tolerated and Fair Trading willcontinue its program of spot inspections to ensure all agents are operating within the law when it comes to trust account fund management,” he said.

Earlier in 2013, Gordana Ocvirk had plead guilty for the fraudulent ommission of $1,235,402.67 held in trust by Bayelm Pty Ltd trading as Strata Decisions Wollongong.

She also had a guilty plea for the fraudulent omission of a further $198,708.76, held in trust by Bayelm Pty Ltd, trading as Dougmal Harcourts Warilla Sales.

Roger Ocivirk was charged with the same offences. 

On January 2012, Gordana Ocvirk handed herself in to Lake Illawara Police Station after notifying Fair Trading of trust account anomalies. Lawyers, acting on her behalf, sent a full and frank admission of the couples' conduct to Fair Trading.

Four days after this event, licensee of Dougmal Harcourts, Tom Imre, filed a written complaint with Fair Trading. He advised that the sales trust account was overdrawn as a result of unauthorised withdrawals.

On 9 May 2013, Imre plead guilty in Wollongong Local Court due to breaches of the Property, Stock and Business Agents Act 2002 by failing to properly supervise a business.

He was fined $2,000. Court and professional costs totalling $83 and $250 respectively were also paid. His licence was cancelled for two years.

Strata Decisions and Dougmal Harcourts had been running at a loss, with the trust fund being accessed to pay debts.

Roger Ocvirk went missing from his home in Blackbutt on 10 January 2012, and was located seven days later by police. He was found in the Grafton area. 

Gordana Ocvirk's lawyers told the court she believed her husband's suspected mental breakdown was triggered by the guilt and stress over the events.