Friday, June 12, 2020

Lawyer stole from clients to renovate home

A Melbourne lawyer has been jailed for stealing more than $260,000 from clients
by Karen Sweeney

While suburban lawyer John James Kotsifas was living the high life with money he stole from his clients, they were getting deeper and deeper into debt.

He bought and renovated a million-dollar property, installed a swimming pool and paid golf club green fees with money entrusted to him by clients and friends.

Then it all came undone.

Already bankrupt, disbarred and living back home with his mother, his life hit a new low on Thursday when he was jailed for six years for his crimes.

Kotsifas was convicted of 23 charges, including the theft of $267,000 from clients and another $1.49 million he was supposed to have held on trust for them.

He is not to be confused with another Melbourne solicitor named John Andrew Kotsifas

Kotsifas helped himself to more than $400,000 he held on trust for one client.

She identified 27 transactions by him that she hadn't authorised, including the payment of his golf club green fees and settlement fees for properties she didn't own.

He stole $20,000 from another client to install a swimming pool and pay a real estate agent.

Kotsifas held more than $200,000 for stamp duty fees he never paid, costing the client another $167,000 out of pocket for the tax.

He has a history of disciplinary proceedings dating back to 2006, including VCAT proceedings that were underway for trust account offences during this offending.

A forensic accountant had to be brought in to sort through the mess he left.

When the $450,000 he had left on trust was paid out after his practice shut down, clients received just 47 cents on the dollar back.

One woman said she felt preyed on by Kotsifas, who destroyed her financially and left her on the brink of homelessness because of his greed.

Another said Kotsifas was a solicitor for her gravely ill, and now deceased, husband for 20 years.

He trusted Kotsifas as a friend and would have been gutted by the betrayal, she said.

Kotsifas, a twice married father of four, said he was under financial pressure when he committed his crimes, blaming pressure from his second wife to sustain a certain lifestyle.

He bought a $1.2 million Balwyn North property with a substantial mortgage and had a second large loan to cover renovations so he could then sell that home to buy a $2.4 million English Tudor-style home in Balwyn.

Kotsifas spent clients' money to rent the second Balwyn home during the purchase process.

But he defaulted on the first two mortgages rendering him unable to buy the other property, costing him his $247,000 deposit.

Supreme Court Justice John Champion said Kotsifas' offending was calculated, repeated, significant and a sustained betrayal of trust.

He posed as a solicitor and confidante to people he was meant to be on friendly terms with, but manipulated them and stole their money, he said.

Kotsifas must serve at least four years before he's eligible for parole.

Full Article & Source:
Lawyer stole from clients to renovate home

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