Samir Mustum: Long stretch for years of fraud involving fake IDs
A Cranbourne conman swindled $1.2m from banks and business, even continuing his crimes from behind bars.
South East
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The mastermind behind a sophisticated fraud involving impostors and fake IDs has failed to convince a court that he has an intellectual disability.
Samir Mustum, 50, was sentenced in the County Court to six years and five months jail after pleading guilty to duping major banks into approving applications for lines of credit, many worth six figures, under false pretences using bogus documentation.
Mustum fleeced $1.2m, $1.1m of which was never recovered, from a string of banks including NAB, Westpac, ANZ, Bank of Western Australia and City Group Bank.
He also convinced Telstra to provide him with 206 smart phones when he claimed to be an employee of a dental group operating across bayside Melbourne.
The operation ran from 2017 to 2020 with 67 trans over 36 dates, sometimes up to three times daily, and continued while Mustum was in custody between April and October 2020.
Prison phone call recordings revealed Mustum continued to oversee the fraud activity by instructing associates how to sell the phones and divide the money.
The court heard Mustum roped in computer whiz Rony Mallouk to create the fake IDs and documents used to secure the lines of credit.
From the beginning of 2019 to the end of 2020, at Mustum’s request, Mallouk created bank statements, Medicare cards, driver’s licences, ATO assessment papers, and proof of age cards.
In some instances the names of real people were used without their knowledge to establish lines of credit with banks and secure services from Telstra.
Mustum’s defence for the frauds included an addiction to gambling, illicit drug use and mental health issues such as depression, anxiety and bi polar disorder.
An IQ test submitted to the court revealed he had an IQ of 65, putting him five points below the official cut off for intellectual disability.
However, Judge Elizabeth Gaynor rejected the suggestion Mustum was mentally impaired.
“I do not regard the offending in any way a reflection of activities by someone suffering an intellectual disability,” she said.
Judge Gaynor said the “sophisticated” operation required the recruitment of numerous people to help execute a wide variety of illegal activities.
She said the doctor conducting the report, which included the IQ test, suggested Mustum was “malingering” or purposely performing at a lower standard and the results could not be relied upon.
Gambling was also not seen by the courts as reason to impose a lighter sentence.
Judge Gaynor said Mustum had been given multiple opportunities by the courts with suspended and short sentences for previous, similar offending occurring since 2005.
He had not shown any remorse or desire to change his ways, she said.
“You are an entrenched criminal with a particular mode of behaviour which you continue to deploy, no matter any assistance offered to you by the courts or deterrent by way of imprisonment.”
Mustum was sentenced to six years and five months with a minimum term of four years and six months.
He has already served 766 days in pre-sentence detention.
Mallouk received an 18 month community correction order for the part he played in the frauds.
Judge Gaynor took into account his early guilty plea, his lack of relevant priors and the genuine shame and remorse Mallouk had shown over his offending.
She said the offences had been committed when Mallouk was under extreme stress after the birth of his premature twin daughters in early 2018.
Both children spent months in intensive care and one was still “fragile and ill” and required around the clock care.
Mallouk was not able to work full time and had resorted to crime in a bid to provide for his family and still care for his daughters.
“This was the driving force behind your actions … there was no evidence of enrichment,” Judge Gaynor said.
