Community Detention For COVID Fraud
An Auckland project manager was sentenced to community detention for COVID-related fraud.
Shelvin Kavish Swamy was sentenced in the Auckland District Court on April 14 after pleading guilty to a representative charge of obtaining by deception.
In May 2020 he applied for an $11,800 Small Business Cashflow Scheme loan (SBCS) in the name of Swamy Investment Limited. The company had no discernible business activity at the time and was not eligible for the SBCS.
Swamy later applied in 2021 and 2022 for 7 Resurgence Support Payments (RSP) and 3 Covid Support Payments (CSP) totalling $32,800 in the name of Northshore Plant Holdings Limited.
Around half of it ($16,551.01) was used for personal day-to-day expenses such as groceries, petrol, fast food and alcohol, contrary to the terms of the COVID relief schemes.
In total Swamy got $28,351.01 he was not entitled to.
Swamy took advantage of schemes that were operating under a high trust model during the Covid-19 pandemic and that had been set up to assist businesses that were genuinely struggling.
District Court Judge Bell rejected the defence counsel suggestion of a sentence of community work saying the offending was too serious and deliberate for such a sentence.
However, she acknowledged the fact that despite losing his job as a project manager working in the construction industry, Swamy had repaid $24,000 and noted his previous good character.
Her Honour convicted Swamy and sentenced him to 3 months community detention with the requirement to repay the remaining $4,351.
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