Gqe¬berha stock¬brokers off the hook in Ponzi case
Two Gqeberha stockbrokers accused of running a multimillion-rand Ponzi scheme have walked away free men after the Gqeberha Commmercial Crimes Court dismissed all 163 counts against them, reports The Herald.
Nearly six years after their arrest, Helping Hand Invest directors Leon Lewitton and Michael Rathbone, were acquitted without ever taking the stand ...
... and while the ruling brings to an end a marathon trial and months of testimony, a string of investors have been left out of pocket and with no criminal recourse.
Some complainants told the court they had lost thousands of rand. One family reportedly lost more than R300 000, while Christiaan Engelbrecht previously said he had lost his life savings of R1.1m.
The state faced myriad problems in proving its case, including ‘absent’ or ‘unknown’ investors, a jurisdiction issue with at least one of the complaints and the fact that the witnesses admitted to knowing the company was not registered with the then Financial Services Board (FSB) at the time.
Defence attorney Alwyn Griebenow successfully argued under section 174 of the Criminal Procedure Act (CPA) that the state had failed to present a case strong enough to require a defence.
Lewitton and Rathbone had pleaded not guilty to fraud, theft and contraventions of the Financial Advisory and Intermediary Service Act.
They were accused of defrauding more than 100 investors out of more than R22m between 2017 and 2019.
Magistrate Nolitha Bara, with the evidence placed before her – or lack thereof – had no option but to dismiss the case against the two men.
Helping Hand Invest had its primary office in Newton Park and branches elsewhere in the country.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





