A dodgy former real estate agent still owes clients at least $250,000 after demonstrating "an extreme level of dishonesty" by redirecting their money to his own bank account.
The ACT Civil and Administrative Tribunal publicly reprimanded Nicholas Shazzard Haider on Wednesday, when it also fined him $5000 and disqualified him from being an agent for 10 years.
Its decision disclosed the true depths of Haider's deceit, which was only partially uncovered when he faced criminal sanctions in the ACT Magistrates Court just days earlier.
Haider was sentenced last week to an 18-month good behaviour order, with 100 hours of community service, after he admitted mishandling more than $100,000 of a couple's money to fund addictions and make personal purchases.
The tribunal has now revealed the criminal case was just the tip of the iceberg, with six complaints levelled at Haider.
These revealed the Chapman man had dishonestly dealt with somewhere between $350,000 and $400,000.
This included the money from the criminal case.
"A common pattern was evident," a senior member of the tribunal, Tony Foley, said in his decision.
"As soon as a deposit hit his trust account, the agent would immediately transfer funds out to his personal account."
The consequences included one of Haider's clients missing out on the purchase of a property they had paid a deposit for.
"Another lost the opportunity to purchase alternative land for her retirement plans," Professor Foley said.
"Yet another lost both money and trust in his first foray into property development.
"These are personal but significant impacts from [Haider]'s dishonesty."
The senior tribunal member said Haider had displayed "an extreme level of dishonesty".
"It continued in some form for a period in excess of three years," Professor Foley said.
"The culpability is considerable and is further compounded as only some of the money has been returned."
Professor Foley indicated the ACT Commissioner for Fair Trading, which brought occupational discipline proceedings against Haider, had informed the tribunal a minimum of $250,000 remained outstanding.
He noted some of Haider's inappropriate conduct had occurred while the man, whose accreditation lapsed last year, was not licensed to operate as a real estate agent.
Haider responded to a notice, issued last year by the fair trading commissioner, with an email that said he was "extremely sorry and disappointed" in himself.
He also expressed his intention to return the misappropriated money to "all innocent parries".
While magistrate Jane Campbell accepted in the criminal case that Haider felt "genuine sorrow", Professor Foley expressed scepticism on Wednesday.
He wrote that Haider, 38, had "made no effort whatsoever" to be involved in the tribunal proceedings.
"[Haider] has provided no insight to the tribunal for his dishonesty," Professor Foley said.
"In the absence of any such insight, the tribunal can have no faith that he will not act in the same way again unless he is prevented from having access to trust fund accounts."
As he decided on the appropriate disciplinary penalties, Professor Foley also noted the broader impacts of Haider's conduct.
"The community's faith in real estate agents is profoundly damaged," the senior member wrote.
