The High Court has ordered the forfeiture of about $340,000 worth of tainted assets and funds linked to a large-scale fraud carried out by a former Ministry of Education officer, Rahul Ravikash Kumar.
This is one of Fiji’s most significant non-conviction civil forfeiture rulings under the Proceeds of Crime Act.
Justice Usaia Ratuvili ruled on August 14 that Mr Kumar, who is currently serving a seven-year prison sentence for 56 counts of money laundering, used stolen FMIS credentials to defraud the government of over $338,000 between 2017 and 2020.
Justice Ratuvili directed that all funds and property linked to the scam, including bank balances, electronic goods, a vehicle, household appliances, cash, and even foreign currencies, be forfeited to the State.
Among the items forfeited were two BSP bank accounts with balances of $2,925.55 and $1,623.94, an HFC account containing $10,616.41, white goods, a Lenovo laptop, a Samsung phone, a PA system, a York treadmill and gym set, and a vehicle purchased in his fiancée’s name, Shayal Rachna Prasad.
Despite Kumar’s objecting to the seizure of his HFC account and foreign currency found in his home, the Court ruled these too were tainted, as no clear evidence of legitimate origin was presented.
The judge noted that Mr Kumar routinely routed fraudulent funds through all three of his accounts, making it impossible to separate legitimate from illicit deposits.
Mr Kumar’s fiancée, Shayal Prasad, and his mother also failed to prove their ownership or the lawful source of the foreign cash, including $9,680 Fijian dollars, $200 US, and smaller amounts in Australian and Canadian dollars, which were also forfeited.
FICAC had also asked the Court to order Kumar to repay the full amount he stole.
However, the judge declined, citing lack of evidence of hidden assets or resources to repay the sum.