Auctioneer Moss jailed
Effective three-year sentence for defrauding firm and customers out of more than R1m
FAMILY and friends of a popular Port Elizabeth auctioneer sobbed yesterday as the convicted fraudster’s future went under the hammer. Vincent Moss, 51, was sentenced to an effective three years in prison for swindling Aucor South auctioneers and its customers out of more than R1-million between November 2013 and March last year.
But that was not the end for Moss, as the Asset Forfeiture Unit (AFU) swooped on his pension fund before he could be escorted to the holding cells at the Port Elizabeth Commercial Crimes Court.
Wearing a smart black suit, Moss remained confident throughout the tense sentence proceedings.
He whispered to his tearful family in the gallery that he would see them soon.
The court heard that there was enough money in his provident fund – about R1.24-million – for his former employer and aggrieved clients to be reimbursed.
Magistrate Lionel Lindoor said the repayment of the stolen money, plus the fact that Moss had pleaded guilty – a sign of remorse – acted in his favour.
Lindoor, however, found a custodial sentence to be the only appropriate punishment because of the amount involved, the fact that Moss had been in a position of trust and because the crime had been committed over such a long period.
“You had more than enough time to reconsider your actions,” he said.
Moss was employed as general manager of the popular North End auctioneering firm for more than 15 years before his arrest in September last year.
It emerged in court how he sold office furniture, forklifts and vehicles on behalf of clients, but then pocketed the cash.
On each occasion, he instructed buyers to either pay in cash or to transfer the money into his personal bank account, or an account belonging to a family member.
While the prosecution was not swayed by Moss’s guilty plea and had asked that a sentence of 15 years’ imprisonment be imposed, Lindoor said he believed this to be too harsh.
In a quick, to-the-point judgment, Lindoor sentenced Moss to six years in prison, of which three were suspended for five years.
In addition, he confirmed the AFU’s confiscation application in terms of the Prevention of Organised Crime Act.
“An amount of R1.24-million plus interest will be deposited into Aucor’s Absa Bank account within 14 days,” he said.
He also informed Moss that should he be unhappy with the sentence, he was entitled to apply for leave to appeal.