UAE businessman's conviction upheld

DUBAI — The Dubai Cassation Court on Monday upheld a Dubai Appeal Court ruling, convicting a prominent UAE businessman of embezzling money from the real estate company he inherited from his late father and managed on behalf of his brother and other heirs.

By Hani M Bathish

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Published: Wed 29 Sep 2004, 9:56 AM

Last updated: Thu 2 Apr 2015, 2:48 PM

Ahmad M.S.B. was found guilty of embezzling Dh6.05 million from the company assets by the court.

The testimony of a court-appointed expert from the Auditing Department of the Dubai Rulers Court confirmed that the defendant had, in fact, embezzled money from the company he was entrusted to manage.

The case has been in the process of adjudication for a little over two years. The first ruling in the case came on August 12, 2002, in which the Court of First Instance went in favour of the defendant, finding that the defendant had not betrayed the trust of the other heirs. It ruled that neither the defendant had transferred money from the company's account into his own, nor had he tampered with the company's accounts.

The case was filed by the defendant’s brother Ibrahim M.S.B., who, the First Instance Court said, had withdrawn money from the common company account in excess of his share. The court also pointed out that the accounts of the company and the defendant were intertwined and that the court was not convinced that the defendant had embezzled any money.

The Public Prosecution filed an objection to the ruling and the case was referred to the Appeal Court, which issued its ruling on April 2, 2003, confirming the not-guilty verdict issued by the First Instance Court.

The case was then referred to the Cassation Court, which in turn returned it to the Appeal Court that once again issued a not-guilty verdict on July 30, 2003.

The public prosecution again objected to the ruling and referred the case to the Cassation Court, which returned the case to the Appeal Court to issue a new ruling, stating that if the defendant took any assets belonging to the estate he was entrusted to manage, he would be considered an embezzler.

On March 8, 2004 the Dubai Appeal Court overturned the original ruling and found the defendant guilty of betrayal of trust and of embezzling Dh6, 050,242 and ordered the defendant to serve six months in prison.

On September 27, the Dubai Cassation Court confirmed the ruling, making it final.

The civil component of the case is expected to proceed now that the final ruling in the criminal component of the case has been rendered.

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