July 19, 2010

Reparation share for 80 computer theft victims

By Anne Clarkson

Eighty victims of the Operation Wizard computer theft conspiracy will share $13,300 in reparation payments that the two main offenders were ordered to pay today as they began prison terms.

That works out at $166.25 for each victim. Christchurch District Court Judge Jane Farish ordered the police to return goods to the rightful owners if they could.

She described it as “serious sustained offending with a high commercial aspect”.

Lianwen Chen, 28, and Feilin Yang, 26, both admitted the charges before a trial was held and they were remanded to today for sentencing.

Both were involved in a business – DK Computers – in Stanmore Road, Christchurch, which sold computers, parts, and software.

Judge Jane Farish said both men were guilty of conspiracy to receive, Chen also had a breach of Copyright Act charge, and Yang a further two receiving charges when he sold computers on Trade Me.

Chen was at the hub of a shoplifting enterprise, with the police noting that some people went to their shop two or three times a day to sell what they had stolen.

Defence counsel Paul Norcross said Chen had offered a $10,000 emotional harm reparation payment as a sign of his remorse and his attempt to rectify matters.

Vanessa Sugrue, counsel for Yang, said he had $1300 confiscated when he was arrested, and a further $2000 to put towards the reparation. He also wanted to forfeit the confiscated computers to the crown to sell.

Judge Farish said it was hard to quantify the amount of computers and parts, and their value.

The shop was well known to burglars and shoplifters and there were 80 victims in the representative charges the men faced.

She sentenced Chen to three years ten months prison with the $10,000 reparation to be paid immediately, and Yang was sentenced to three years, and to pay $3300 immediately.

She said all reparation was to be paid to the 80 victims, who had highly personal items, business, and family records missing.

She said it was hard to estimate the overall effect on the victims, but it was severe and significant.