/ 29 January 2008

Magistrate throws the book at ‘trained con artist’

Stephen Rosen, described in court as a ”trained con artist,” was on Tuesday effectively jailed for six years on 101 charges of fraud and theft and three of unlawfully acting as an attorney and advocate.

Because he had 32 previous convictions for fraud, he was warned he would be declared a habitual criminal if again found guilty of any offence involving dishonesty.

This involves an ”indeterminate” sentence — anything between nine and 15 years jail.

Rosen appeared before magistrate Amrith Chabilall, in the Bellville Specialised Commercial Crime Court.

Chabilall said the offences were committed between 1999 and 2005 — ”a substantial period during which Rosen had had ample time to reflect on his criminal activities”.

He said one of the 101 offences had involved a R700 000 loan which Rosen had obtained, knowing he was unable to repay it.

He said Rosen had at one stage been released on bail, for medical attention to a leg that had lymphaedema — a serious condition — but, instead of going for the treatment he had embarked on another crime spree.

Another offence had involved the purchase of a luxury car which he could not afford, for R240 000.

Chabilall told Rosen: ”You should have realised that crime does not pay, and that you will be found out.”

He said the amounts involved had increased progressively in Rosen’s six-year spree, and had totalled R1,86-million.

Chabilall added: ”Fraud is highly prevalent in South Africa — that’s why the Specialised Commercial Crime Courts were set up throughout the country.”

He said there had been no mention during the proceedings of compensation for the many victims.

He said defence counsel Mohamed Sibda had urged mercy, but mercy did not mean the court would entirely forget what Rosen had done and focus only on his illness and the fact that Rosen had already spent six years in custody awaiting trial.

Chabilall said Rosen’s modus operandi had been to promise victims goods, take their money and then to fail to deliver.

He said Rosen had even stayed at establishments, knowing he was unable to pay.

He said Rosen had bought gold and diamonds, knowing he could not pay for them, and had knowingly issued dud cheques.

Chabilall added: ”It is a measure of the stupidity of society, that people part so easily with their money to you.” – Sapa