October 8, 2020: Anthony Dick: Former Townsville financial adviser sentenced to eight years' imprisonment with a minimum of 2 years and 8 months. He helped himself to $1.1 million from the superannuation and savings of his clients.
December 6, 2021: Matthew Rixon: The banned NSW builder was sentenced for 5 months of detention for making false and misleading statements to ASIC. Was released on September 8, 2022.
December 3, 2021: Richard Ludwig: Former telecommunications director sentenced to five years imprisonment for breaching directors' duties and dealing with proceeds of crime. Non-parole period of 20 months.
November 24, 2021: Ahmed Saad: Former Victorian financial adviser sentenced to 9 months jail for obtaining financial advantage by deception by providing multiple financial planning clients illegal early access to their superannuation.
12 August, 2016 - Bradley Young: a former director of one of the Kleenmaid group of companies who was sentenced to nine years imprisonment after being found guilty by a District Court jury of 18 offences arising out of the collapse of the national whitegoods distributor. Trial lasted 71 days and the jury found him guilty of fraudulently gaining a $13 million Westpac loan, criminal insolvent trading totalling $3.5 million relating to Westpac loans and 15 counts of criminal insolvent trading of debts totalling more than $750,000 that were incurred during the period October 2008 to April 2009. Appealed all the way to the High Court and was finally released in May 2022 after serving almost 6 years.
2 September, 2016 - Garth
Robertson: the former CEO of collapsed debenture issuer
Wickham Securities was sentenced to five years' imprisonment after pleading
guilty to various charges brought by ASIC, including fraud. The 50 year old
Sunshine Coast man pleaded guilty to ten counts of dishonestly obtaining
property totalling $761,504 from Wickham and nine counts of giving false
information about Wickham to its trustee, Sandhurst Trustees.
22 July 2010 - Mr
Christopher Koch: Point Cook resident in Victoria who was sentenced in the Melbourne
County Court to 13 years and 2 months jail on charges brought by ASIC. Between
1996 and 1999, he promoted a fictitious, international, high-yield investment
program where investors were told they would receive returns of between 50 and
150 per cent in periods as short as 90 days. Mr Koch received $1.742 million
from 11 victims and is required to serve a minimum sentence of ten years before
release.
18 January, 2016 - Thanh
Tu: the 38 year old Brisbane man was
sentenced to nine-and-a-half years imprisonment in the Brisbane District Court
after pleading guilty to 33 counts of fraud and 21 counts of fraudulent
falsification of records and at that time, was remanded in custody. ASIC
alleged that between September 2008 and September 2013, Mr Tu whilst an
employee of Patersons Securities in Brisbane dishonestly induced 18 separate
individual investors to invest approximately $9 million by misleading investors
and by giving, to some investors, false Certificate of Investment in the
fictitious Paterson Securities – API Protected Fund and fictitious Patersons
Securities Capital Protected Fund. The defendant did not invest the money into
secure investments as directed but instead, fraudulently redirected the funds,
through a number of different accounts, to a personal trading account held by
him with another organisation. The defendant then, for his own purposes, traded
the money in risky investments and ultimately lost a total of $8.12 million.
Only $959,000 was recovered.
11 March 2016 - Hui
Xiao: Former Hanlong Mining managing director Hui Xiao was sentenced to a
total of 8 years and 3 months imprisonment on insider trading charges. Had
previously pleaded guilty to two ‘rolled up' charges of insider trading, and
formally admitted a third 'rolled up' charge, involving a total of 102 illegal
trades in financial products related to Sundance Resources and Bannerman
Resources in July 2011, while he was the managing director of Hanlong Mining.
Non-parole period of 5 years and 6 months and he was in custody since first
arrested in Hong Kong in January 2014 before extradition. Taking into
consideration time already served, Mr Xiao will not qualify for release until
after 11 July 2019.
17 March, 2015 - Lukas
Kamay: the NAB employee, who was living in Clifton Hill at the time, was sentenced
to 7 years and 3 months for his part in Australia's biggest insider trading
scandal which yielded $7 million in profits courtesy of leaks from his mate
Christopher Hill who worked at the ABS. Was charged in the Victorian Supreme
Court with insider trading and money laundering after the AFP-led Fraud and
Anti-Corruption Centre, discovered an employee of the National Australia Bank
was receiving sensitive information from an employee of the Australian Bureau
of Statistics (ABS) and then using this information to enter into foreign
exchange derivative products and profit from favourable movements in market
prices.
10 February, 2015 - Ms
Melinda Scott: the former
financial adviser was jailed for six years and three months for
defrauding more than 150 clients of over $5.9 million over a period of 20
years. Appeared before the NSW District Court and will serve a minimum of three
years and ten months in jail before being eligible for parole. The non-parole
period takes into account a discount for pleading guilty to the offences. In
December 2013, Ms Scott pleaded guilty to three dishonest conduct charges and
four charges relating to the making and use of false documents involving $5.9
million of her clients' money. Ms Scott's misconduct continued over 20 years
and largely involved superannuation and annuities products that were invested
for the longer term. Some clients were given regular payments reducing Ms
Scott's fraudulent benefit to about $2.9 million. ANZ authorised her actions
between 2004 and 2012 but then fully co-operated with ASIC's investigation. The
majority of the rip-offs occurred before ANZ was involved but the bank ran a
big remediation program which ASIC applauded. Almost $6 million was paid back
to 140 ANZ clients.
February 10, 2017 - Andrew
John Sigalla: The former TZ Ltd director was
sentenced to ten years imprisonment, with a minimum of six years to serve,
having been found guilty of 24 counts of dishonest conduct, following a jury
trial in the Supreme Court of New South Wales. He used his position as a
director dishonestly to gain financial advantage by causing $8.6 million in
company funds to be transferred to either himself, his related entities or
others.
March 3, 2017 - Mr
Cymon Fontaine: sentenced to four years'
imprisonment in the Southport District Court for seven charges of fraud after
pleading guilty to defrauding six clients for a total of $105,910. Between 28
June 2011 and 1 July 2013, Mr Fontaine was an authorised representative and
Corporate Upgrades Consultant for Wyndham Vacation Resorts South Pacific
Limited (Wyndham), a financial services company selling time share interests in
resorts and hotels.
First up, check out this chronological snapshot tracking ASIC's jail rate.
1991: 7
1992: 9
1993: 14
1994: 10
1995: 29
1996: 18
1997: 21
1998: 22
1999: 21
2000: 32
2001: 17
2002: 22
2003: 15
2004: 28
2005: 17
2006: 18
2007: 14
2008: 18
2009: 12
2010: 18
2011: 3
2012: 4
2013: 15
2014: 20
2015: 15
2016: 12
2017: 3 so far up until April 8.
Total: 436
——————————————————-
1991: 7 in total
February 1991 - Laurence Hann: 3 years for obtaining property by deception.
February 1991 - Kin Pin Yiu: 8 years for conspiracy to defraud investors of $6.4 million.
February 1991 - Cho Hong Yam: 8 years for conspiracy to defraud investors of $6.4 million.
May 1991 - Ernst Abraham Siewertsz Van Reesman: a year for being a director whilst disqualified.
October 1991 - Joseph Anthony Talia: company director who for 2 years offered debentures without a prospectus or deed.
December 1991 - Edward Hunter Heslop: a former Sydney company director who received
5 years on nine counts of cheating and defrauding.
December 1991 - Thomas William Skelly: a former licensed investment adviser who received 3 years on 19 charges of obtaining property by deception.
——————————————————————————-
1992: 9 in total
February 1992 - David James Moffat: former stockbroker and investment adviser with failed firm Byron Moore Journeaux, who received 1 year for theft.
May 1992 - Robert Gordon Neilson: former self-employed Melbourne investment consultant received 2 years on three charges of theft and four charges of obtaining financial advantage by deception.
June 1992 - Bernt Berentsen: a former director of Lombard Nash who received 2 years periodic detention for fraud.
June 1992 - Andrew Peter Anderton: a former general manager of Lombard Nash, who received 2 years periodic detention for fraud.
June 1992 - Phillip John Law: former director of CIC Insurance
who received 4 years on 24 charges of fraud and cheating.
July 1992 - Alan Reginald Worts: former Geelong financial adviser
who received 3.5 years on 20 counts of theft amounting to $565,000.
September 1992 - Ernst Van Reesema: disqualified Adelaide company director jailed
for 11 months for being a company director whilst disqualified.
September 1992 - Robin Sarah Greenburg: a former MD of Perth-based Western Women Financial Services received 17 years on two counts of stealing, 45 counts of misusing her position as a director, one count of failing to supply records, one count of destroying records and one count of arson contrary to the WA Bushfires Act.
December 1992 - Nigel Peter Smith: a solicitor who received 18 months for being knowingly concerned in the commission of an offence by David Paul Howe, a director of Farndale Pty Ltd.
—————————————————————
1993: 14 in totalMarch 1993 - Terrence Keith Burke: four months in jail for concealing company books in Launceston.
May 1993 - Martin Desmond Mullins: former director of Falcon Australia Ltd, Mullins Investment P/L and Minefield Exploration NL who was jailed for 30 months on two counts of procuring execution of valuable securities.
June 1993 - Michael Joseph Veigli: former Adelaide investment adviser who received 2 years for 27 charges of issuing applications to subscribed for shares in Investors Equity Group Ltd without a registered prospectus.
June 1993 - Jack Newman: former Adelaide director of Sy-Quest International Ltd received 1 year on 10 charges relating to breaches of the prospectus provisions
June 1993 - Gordon Arthur Filmer: former director
received
18 months on 10 charges of managing the affairs of Affordable Funerals whilst disqualified.
24 June 1993 - David John Gibson: a former Melbourne investment adviser received 12 years on 51 charges of deception, forgery and making a false document involving $7 million.
August 1993 - Russell John Delaney: Melbourne man received 2 months for misleading statements and gaining a financial advantage by deception.
September 1993 - Gavin John Anderson: Melbourne investment adviser
received 6 years on 6 counts of theft from a quadriplegic he was trusted to manage money for.
September 1993 - Terrence John Hasler: former Hobart building company director
received
9 months on charges of making improper use of his position as a director to gain advantage.
November 1993 - Richard Lew and his father Reubin Lew: former managing director of Estate Mortgage who received 3 years for breaches of directors duties.
November 1993 - Reubin Lew: former director of Estate Mortgage who received 2 years for breaches of directors duties.
November 1993 - Anthony Bird Burgess: former Melbourne investment adviser
received
40 months on six charges of theft from his clients worth $500,000.
December 1993 - Vincenzo Salvatore Todaro: a former operator of La Tenda restaurant and night club in Perth, received 1 year for improperly using his position as an officer of DB De Bartolomeis Australia to gain advantage.
December 1993 - Gilheasboig Kerr Mackie: former director of Queensland-based Chemex Chemicals who received 6 months for making improper use of position as a director.
———————————————————————–
1994: 10 in total
January 1994 - George Karounos: a former Adelaide company director
who received 2.5 years for conspiracy to defraud.
March 1994 - Grahame Douglas McDougall: Brisbane businessman who received 3 years for misappropriation of property worth $57,000.
May 1994 - Dale Leigh Pedersen: former Melbourne director jailed for 2 years for obtaining property by deception, making false entries and failing to act honestly in relation to SVO Limousines.
June 1994 - Peter Reuben Schnieder: former accountant with AP Consolidated Pty Ltd
who got 4 years on six charges including falsification of books, theft to the value of $1.1 million and four counts of obtaining financial advantage by deception.
July 1994 - Barry Kevin Edgecombe: bankrupt Adelaide accountant and auditor got 18 months for improper use of his position as company secretary of R&W Investments.
July 1994 - Gerhard Joseph Cole: former director of Australian Carbon Ltd jailed for 1 year on 19 charges including providing false information to the ASX and making improper use of his position as a director.
August 1994 - Paul Henry Baldwin: former director of failed company National Associated Plywood Pty Ltd received 9 months periodic detention and 200 hours community service on 21 counts of falsification of company stock records and failing to act honestly.
October 1994 - David Stuart Woolgrove: Adelaide forestry scheme promoter
who received 2 years on 16 counts of breaching the Corporations Law by offering invitations to purchase alleged prescribed interests in Forestry Management Pty Ltd.
October 1994 - John Bannerman: former director of Convention Planners Pty Ltd was jailed for 8 months for making improper use of his position as a director.
December 1994 - Con Barris: a West Australian director who received
4 years for illegally authorising payments of $274,000 to his private company.
—————————————————————————
1995: 29 in total
January 1995 - Kanwal Nain Singh: Brisbane businessman man who received 6 months for forgery and then got a further 6 weeks later in the year for managing a corporation whilst an undischarged bankrupt and convicted person.
May 1995 - Peter Dimitri: former Sydney director got 1 month for illegally inviting the public to subscribe for shares in Gemboree Pty Ltd.
May 1995 - Peter Francis Peck: unlicensed futures trader jailed for 3.5 years for his illegal futures trading.
May 1995 - David Callaghan: Melbourne company directors received 8 years for stealing more than $9 million from MMI Insurance and overseas investors.
May 1995 - Leigh Grant: Melbourne company director who received 5 years for stealing more than $9 million from MMI Insurance and overseas investors.
May 1995 - Geoffrey Puttick: 2 years for improperly using his position as a director to deposit $100,000 of company funds into his private company.
May 1995 - Douglas Miller: 18 months for events that occurred at
Equity Management Corporation.
May 1995 - Alan Rose: 18 months for events that occurred at
Equity Management Corporation.
May 1995 - Arthur Murphy: 12 months for events that occurred at
Equity Management Corporation.
June 1995 Jaimie Craven: an associate of Brian Yuill in the Spedley group of companies was jailed initially for 6 months for contempt and then 6 months for breach of directors duties.
June 1995 - David Towey: managing director of Growth Industries Management received
16 months for misleading company auditors and using his position to obtain a $700,000 personal benefit.
June 1995 - Garry William Lovering: the South Australian got 18 months on charges of improperly using his position as a director of GIM.
July 1995 - Desley Dawn Smith: 9 months for falsifying company records on wages and tax installments.
August 1995 - Anthony Whittall: a company director who was jailed for 18 months after extradition from NZ on charges of misusing his position to gain a personal advantage. Ordered to pay $693,000 in compensation to the receiver.
August 1995 - John Becroft Allison: 2 years for managing Valdaze Pty Ltd and Solidoor Pty Ltd when an undischarged bankrupt.
August 1995 - James Crowl: an accountant
who received 4 years for a $900,000 fraud.
September 1995 - Garry Carter: notorious entrepreneur behind the Entity Group who finished up inside for four years.
September 1995 - Simon Lill: 18 months for events that occurred at Equity Minerals.
September 1995 - Michael Bibby: 18 months for events that occurred at Equity Minerals.
September 1995 - Brian Welch: 18 months for events that occurred at Equity Minerals.
October 1995 - Coomaraswamy Sivandran: the managing director of Perth-based Paper Products Pty Ltd got 3 years for stealing $524,200.
October 1995 - Robert Brian Dawson: 9 months for managing Coffsgate Industrial Estate whilst an insolvent under administration.
November 1995 - Harold Christensen: the stockbroker and former manager of the Perth Stock Exchange got 2 years for share price manipulation.
November 1995 - George Adler: the Sydneysider got 6 months for managing companies whilst disqualified and previously served 18 months for cheating and defrauding a company.
December 1995 - Ray Lord: got 2.5 years for his role at Direct Acceptance Corporation.
December 1995 - John Riordan: got 2.5 years for his role at Direct Acceptance Corporation.
December 1995 - Michael Bibby: 1 year on charges arising from his role as a director of Cityscape Limited.
* December 1995 - Brian Yuill: (check combined totals and no double entries) the former managing director of Spedley Securities got an
additional 2.5 years after already serving two separate terms of three years and nine months, and 2.5 years, for breaching director's duties.
December 1995 - Helen Bartley: the Tasmanian was jailed for 3.66 years for stealing and falsifying company books.
—————————————————————————————-
1996: 18 in total
March 1996 - Micheal Wayne Childs: 9 months for managing two WA companies whilst disqualified.
May 1996 - Gavin Keith Hyland: 4.5 years on charges relating to false pretences and wilful false promise contrary to the Queensland Criminal Code.
May 1996 - Robert Alan Hodge: 2 years for misusing his position as a director of General Investments Australia Ltd to obtain almost $6 million for his private company.
May 1996 - Robin Andrew Buckley: 30 days for contempt of court after failed to repay $1.8 million to investors who had entrusted him with foreign exchange investments.
June 1996 - Paul Ferguson Fitzsimmons: 2 years for his part in the Kia Ora reverse takeover transaction involving Duke Group.
* August 20 1996 - Alan Bond: 3 years for his part in the sale of Edouard Manet's painting La Promenade from Bond Corp to his private company Dallhold Investments.
August 1996 - Gavin Keith Hyland: 3 months for managing a company whilst an undischarged bankrupt and 9 months for dishonest misappropriation and concealment and alteration of books.
September 1996 - Arden Rodrick Wittensleger: the former Perth investment adviser got
4 years on 46 counts of stealing associated with his company Astute Financial Group Pty Ltd.
September 20 1996 - Victor Warren Ollis: 6 months for managing 3 companies while a prohibited person.
October 2 1996 - Neil MacKenzie-Forbes was jailed for four years with parole to be considered after nine months for his part in the Queen St Press directors fraudulently obtaining $1.07 million from financial institutions.
October 4 1996 - Murray Evan Williams: the former Kiwi turned Sydney PR man and proxy solicitation operator got 18 months periodic detention and was fined $50,000 following insider trading charges in relation to the purchase of shares in failed pay-TV company Australis Media.
October 16 1996 - Phillip Kenneth Johnston: the Darwin building company director got
3 months for managing a number of companies within five years of being convicted of serious fraud.
November 7 1996 - James Patrick Gollan: the Mt Gambier businessman got 6 months for managing Constats Australia Pty Ltd whilst an undischarged bankrupt.
November 15 1996 - Peter Clarence Foster: 3 terms of 18 months on charges of attempting to induce witnesses in a judicial proceeding to give false testimony. Plus 2 months under the Commonwealth Crimes Act relating to his entry into Australia.
20 November 1996 - Marguerite Ruth Woods: former director of Queen Street Press who got four years on 34 charges of false pretences.
20 November 1996 - John Stephen Woods: former director of Queen Street Press who got four years on 34 charges of false pretences.
16 December 1996 - Christopher Bruce Smith: the Brisbane businessman got 4 years on 19 charges relating to his company Medallion Homes. Charges included one breach of the Bankruptcy Act, 13 counts of false pretences and one count of failing to answer a question during an ASC examination.
—————————————————————
1997: 21 in total24 January 1997 - Marion Wojcik: the Tasmanian businessman got 18 months on 68 ASIC charges of being knowingly concerned in Exclusive Marketing's attempt to defraud Woolworths.
31 January 1997 - Terry John Swanton: the former Adelaide financial controller got 6 years on two separate sets of charges brought by ASIC and the South Australian Police.
* 5 February 1997 - Alan Bond: Australia's biggest thief got another
4 years on charges relating to his private use of $1.2 billion in Bell Resources Ltd funds. The sentence was cumulative on the 3 year La Promenade matter.
11 February 1997 - Richard Anthony Stephen Kontos: got 3 years on 13 charges for managing 4 companies whilst a declared bankrupt.
17 February 1997 - Tom Lesic: the former NSW car yard owner got 12 months for being involved in a company whilst an undischarged bankrupt.
7 March 1997 - Ronald Campbell Richardson: the Cairns company director and auditor got
12
months for a false audit report.
April 1997 - Stephen Thomas Goodwin: 3 months periodic detention for managing Country Manor Frozen Foods Pty Ltd whilst an undischarged bankrupt.
April 1997 - John Stewart Corner: 18 months periodic detention and fined $23,000 on three Companies Code charges.
April 1997 - Maxwell John Reid: six months for promoting South Australian Opal Mining Pty Ltd and Australian Opal House Pty Ltd when he was banned from being involved in any company until the year 2036.
April 1997 - Christopher John Bannerman: one month for making improper use of his position as a director of Convention Planners Ltd.
2 May 1997 - Peter Mitchell: 4 years for $1.4 billion cash strip of Bell Resources by Bond Corp.
9 May 1997 - Rong Xiong Fan: 9 months from Brisbane Magistrate for making improper use of his position of director of Thorlon Pty Ltd.
15 August 1997 - Steven Antonio La Rosa: Banned Perth securities adviser got 4 years for obtaining $1.8 million from investors which went overseas in breach of the prescribed interest provisions of the law.
28 August 1997 - Ryszard Zawadski: former Hobart financial adviser got 8 months for defrauding an 83 year old man of $83,500 which he then used partly for gambling.
17 September 1997 - Reginal Robert Eustace: former Victorian accountant got 3 years for stealing money from companies he worked for including Kuwait Asian Bank EC.
19 September 1997 - Anthony Mark Gibson: former Woolies employee got 18 months for obtaining secret commissions from Exclusive Marketing P/L - depriving Woolworths of the fees.
23 October 1997 - Peter Dimitri: 8 months for managing companies whilst an undischarged bankrupt. He promoted a worldwide pool comp and attracted $260,000 to the failed scheme.
3 November 1997 - Kelvin Philip Andrews: former Queensland trustee got 18 months for forgery and misappropriation.
27 November 1997 - Sean Patrick MacNamara: former Gold Coast director got 12 months.
2 December 1997 - Douglas Edward Reid: the former deputy chairman of failed airline Southern Cross Holdings got 8 years for false accounting, theft, obtaining property by deception, making false documents, falsifying the books of the company and failing to act honestly as a director and furnishing false information.
19 December 1997 - Daryl Fredrick Bledsoe: two years for misappropriating property.
22 December 1997 - Peter Manery Spies: 18 months periodic detention for defrauding Australian Duty Free Operators Ltd creditors of $500,000.
——————————————————–
1998: 22 in total16 January 1998 - Russell John Goward: Former Westmex boss got two years for making false and misleading statements in a press release in December 1989.
11 February 1998 - Greig Ronald Heilbronn: 2 years for dishonest conduct as a director of Vesofe Ltd which operated a computer sales business trading under the name of Dataquip or Dataquip Wholesale.
9 March 1998 - Philip Leonard Andrews: four years for removing $300,000 from a trust account without authorisation.
23 March 1998 - Alan Nichols: 15 months for deliberately refraining from recording all cash income of Tasmanian Cleaning Services which traded as Tasmanian Carpet Cleaning.
23 March 1998 - Jane Wilson: 12 months for aiding and abetting Alan Nichols of Tasmanian Cleaning Services.
31 March 1998 - Melbourne accountant John Robert McNabb: 14 months for trading whilst insolvent. Obtained $5 million in funds over 5 years from more than 300 people seeking to invest their money in McNabb's company Syndal.
1 April 1998 - William Henry Hann: Adelaide man got 4.5 years for fraudulently converting $422,909 for his own use from the proceeds of car sales from the company Kearns Brothers.
18 May 1998 - Robert Lloyd Lewis: Brisbane District Court gave 4.5 years for misappropriating $225,000 from 12 investors.
18 May 1998 - Megan Elizabeth Bauer: 18 months for being instrumental in Robert Lloyd Lewis misappropriating $225,000 from 12 investors.
26 May 1998 - Bruce Algernon Norman: Tasmanian got 4 months for 19 charges of falsifying company books and failing to act honestly as a director.
19 June 1998 - Norman Ross Uren: a civil engineer who got 18 months for improperly using position at Lend Lease's Civil and Civic to gain an advantage for Security Corporation Pty Ltd.
1
9 June 1998 - Michael Robert Shearer: 18 months for market manipulation of Reef Mining Ltd over two weeks involving 1.2 million shares using fictitious names.
23 June 1998 - Samuel John Papotto: Perth man got 6 months for managing a company while disqualified.
17 July 1998 - Errol John White: Gold Coast financial adviser got 8 weeks for contempt for failing to comply with statutory notices issued by ASIC during its investigation into Coastal Asset Management Corporation.
29 July 1998 - Rolf John Schreuder: three years for this former director of Transequity Limited from the Launceston Magistrates Court for taking $6.8 million from Transequity's bank account.
10 August 1998 - Robert David Lavigne: bankrupt Sydney businessman got 24 weeks for managing a company whilst an insolvent.
31 August 1998 - Cyril John Pearson: former Brisbane company director got 5 years for fraudulently accounting for money, which was put into the Beneflex Retirement Plan superannuation fund.
16 September 1998 - Peter Laurence Cox: South Australian who
got 3.1 years on 55 charges of improperly using his position as a director of a Travel Agency company.
2 October 1998 - Bevan Maurice Crowley: former Managing Director of Media Asia Pacific got 2 years for market manipulation after told market directors had revised profit forecast up to $4.5 million when they hadn't.
23 October 1998 - Katy Rachelle Boskovitz: Abe Goldberg's finance director at Linter Group got 5 years on three charges of obtaining $50 million from Bank of Tokyo, Westpac and Chase AMP on false statements.
11 November 1998 - a
former (name withheld) director of Queensland companies Mistoil and Richcat got 1 year for false pretence and trickery totalling $53,000 in relation to the One Mile Mine mining lease.
19 November 1998 - Robin Andrew Buckley: 8 years for financial advantage by deception and the making of offers for subscription of a prescribed interest.
—————————————————————–
1999:
27 January 1999 - Peter Gerard Jackman: 18 months for this former Queensland investment adviser. Charged with concealing share prices and commissions relating to share sales. Mr Jackman was sentenced to 18 months imprisonment with release after 4 months, on the condition he pay a $1000 recognisance bond and be placed on two years good behaviour period.
28 January 1999 - Rolf John Schreuder: former director of Transequity Ltd got 4 months for being involved in the management of Transequity Ltd, whilst an insolvent under administration.
29 January 1999 - George Adler: six years for obtaining money by deception.
12 February 1999 - Paul Stanton (aka Paul Almerino Cavaliere): Gold Coast builder got 3 years for transferring more than $326,000 from the accounts of Cavaliere Constructions into his personal bank account after he had a trustee in bankruptcy appointed to him. Sentenced to serve a minimum of six months gaol, minus the 29 days he has already spent in custody on remand on these charges as well as being placed on a three year good behaviour bond of $2000.
26 February 1999 - Kevin John Lord: former director of furniture wholesaler Keith Lord Wholesale got 18 months for misappropriating between $266,000 and $566,000 after the company had been placed in liquidation.
22 March 1999 - John Robert Houghton: former director of NSW company Houghton and Associates got two years, with a minimum term of 18 months to be served, for fraudulently applying $1.3 million from wholesale superannuation investment pools for his own benefit.
1 April 1999 - Michael James Giovinazzo: 4 years for fraudulently obtaining $235,000 from investors.
9 April 1999 - Melissa Wendy Norman: 18 months for misappropriating $240,996 from Kerdale Pty Ltd where she was a director.
21 April 1999 - Dean Russell Anderson: 3 months for managing Australian Home Marketing Pty Ltd while an undischarged bankrupt.
19 May 1999 - Roland Kerkmez: 6 months for managing Videoland Pty Ltd while banned from doing so.
3 June 1999 - David Anthony Bradshaw: former Melbourne liquidator and auditor got 18 months for stealing money from Mariemont Investments Pty Ltd of which he was the registered liquidator.
4 June 1999 - Sandra Joyce Stephens: former Tasmanian investment adviser got 4 years for stealing and cheating.
18 June 1999 - Stuart John Forsythe: Newcastle investment adviser got 6 years for misappropriation and forgery charges involving $1.4 million with elderly clients over 7 years.
21 June 1999 - Allan McDonald Healy: 5 years for dishonestly obtaining $3 million from clients of failed Victorian financial services group Sentinel.
17 September 1999 - Simon Gautier Hannes: executive director of Macquarie Bank got 2.1 years for insider trading on $2 million of TNT securities and structuring withdrawals to avoid the reporting requirements under the Financial Transactions Act.
12 October 1999 - Bruce Lockwood Vague: 3.5 years for stealing $242,596 from a client's trust account while a director, shareholder and principal of former licensed financial adviser and securities dealer Hutcherson Denny Investment Services Pty Ltd.
14 October 1999 - Andrew John Smith: 3 years for misappropriating $156,000 in his position as a director of Afcan Group International.
20 October 1999 - Leon Gregory Kaine: director of North West Computers Software Pty Ltd got 8 months for obtaining goods for false pretences and being knowingly concerned with a company acting for a fraudulent purpose.
6 December 1999 - Donald Richard Maxwell: 1 year periodic detention for obtaining a financial advantage by deception and offering securities without a prospectus.
7 December 1999 - Anthony James Fitzwater: 4 years after misappropriating $180,000 from an insurance bond belonging to a long-standing client.
15 December 1999 - Michael James Camilleri: Melbourne investment adviser got 2.5 years after stealing $346,022 from six clients and a number of personal superannuation funds.
—————————————————————-
2000: 32 in total
11 January 2000 - Frederick John Hallagan: the Blacktown chef got 3 months for managing a company while banned from doing so. His company, Cuspinban Investments Pty Ltd, ceased trading with debts of $180,000.
21 January 2000 - Larry Douglas Westwood: the former Eastwood investment adviser got 2 years for misappropriating $114,000 from four investors.
4 February 2000 - Robert James MacLeod: director of Trainex Pty Ltd and Starlight Film Studios Ltd and got 7 years for offering prescribed interest without a prospectus in tax effective film schemes and five charges relating to fraud of $1.3 million.
3 March 2000 - David Allison Bennell: 2.2 years for stealing more than $180,000 from Osben Pty Ltd, of which he was the company secretary.
31 March 2000 - Michael Wayne Childs: 3.4 years for stealing $125,000 from the Sound City Church, while acting as a financial adviser to the Church.
11 April 2000 - Ashur Barhy: a jeweller who got
5 months periodic detention for managing a company while a bankrupt and within five years of being convicted of serious fraud.
11 April 2000 - Hammurabi Barhy: like his brother (see above), 5 months periodic detention for managing a company while a bankrupt and within five years of being convicted of serious fraud.
26 April 2000 - Maxwell Vardanega: the former managing director of Australian Investors Advisers Ltd got 5 years for 17 counts of obtaining a financial advantage by deception, charges which involved more than $1.4 million of lenders' funds.
26 April 2000 - Andrew Michael Szumylo: 7 years for 58 criminal charges relating to his conduct as the secretary of an Adelaide company whose name has been suppressed.
3 May 2000 - Colin Frederick Quarrell: the former Melbourne financial adviser got 5 years for dishonestly obtaining $4 million from clients of the failed Victorian financial services group Sentinel.
4 May 2000 - Stephen Lewis Matthews: 3 months for contempt for the former publisher of
The Chimes website.
5 May 2000 - William Richard Tooth: 5.2 years for 8 counts of financial advantage by deception.
8 May 2000 - Melbourne investment adviser: the former Melbourne investment adviser got
18 months for 8 counts of theft from clients totalling $130,000.
11 May 2000 - Anastasis Darcy Papas: 10 years on 66 charges of stealing and fraud involving a total of $703,000 through Acclaim Financial Services which held a proper authority from AMP.
15 May 2000 - Milan Izidor Tusek: 2.5 years for this bankrupt former Queensland property developer on fraud charges.
19 May 2000 - Paul William Wilhelm: the West Australian got 5 years for 15 counts of fraud.
4 July 2000 - Christopher Martyn Matson: 12 months from the Launceston Court of Petty Sessions.
7 July 2000 - Former Melbourne company director Michael Taylor: 2 years for improperly using his position as a director of Creative Yarns P/L to misappropriate over $380,000 to support a gambling addiction.
11 July 2000 - Charles William Swinton: 3 years for this former Sydney investment adviser for fraud and misappropriating $281,088 from three clients.
21 July 2000 - Royce Charlett: 3 months for carrying on the business of an insurance broker whilst unregistered, and making false and misleading statements under the Insurance Act.
11 September 2000 - John Andrew McPhee: 4.5 years for this former director of McPhee Meat Packing Pty Ltd on theft of $250,324 and making false accounting records involving company funds of $643,613.
11 September 2000 - George Balos: NSW District Court gave him 11 years on 46 fraud charges relating to $2.2 million he raised through an illegal investment scheme.
12 October 2000 - Karl William Brooks: 3 months for managing Brisbane company CB Environmental Barrier Paints while prohibited.
13 October 2000 - Frank Pugliese: 5 years on 10 fraud charges for defrauding 8 investors involved with FMI Asia Pacific Pty Ltd and ITEC Holdings Pty Ltd of $625,000.
20 October 2000 - Brian Peter Dodd: the former futures adviser at Ord Minnett in Brisbane got 18 months for six charges of using his position to make profits totalling $473,933 in fake names.
30 October 2000 - Steven George Hourmozis: 2 years for spamming and hitting email bulletin boards to ramp stocks.
3 November 2000 - Noel Andrew Bell: 2.8 years for 24 charges of illegally raising $2.8 million from investors without a prospectus.
* 24 November 2000 - George Adler: 4 years on charges of obtaining money by deception which commences when current sentence expires on 31 May 2002.
11 December 2000 - Donald Clarke: 9 years for 14 charges of misappropriating funds from investors for debt factoring for other purposes.
December 2000 - Christopher Bruce Smith: 2 years for defrauding a pensioner of $119,400.
15 December 2000 - Ross Patrick Zagari: 3.5 years for illegally redeeming more than $2.4 million of client superannuation and defrauding the ATO of $33,288.
21 December 2000 - John Murray Murnane: 3 months for theft, being an unregistered insurance broker, operating a business when bankrupt and breaching a condition of a suspended sentence.
———————————————————————–
2001: 17 in total
20 March 2001 - John Laurence Skinner: 4.5 years for defrauding investors of $259,000 by misappropriating subscriptions for two well-publicised public share offers in late 1996 and early 1997.
20 March 2001 -Denis Joseph Wallace: 4 years for defrauding investors of $182,000 by misappropriating subscriptions for two well-publicised public share offers in late 1996 and early 1997.
8 May 2001 - Geoffrey Robert Dexter: 10 years on multiple fraud charges over Wattle Group scheme in which 2700 people invested over $160 million dollars on promises of 50 per cent returns.
25 May 2001 - Robyn Ann-Carrolle Cochrane: the Central Coast investment adviser got 4 years after facing 29 fraud charges, including acting as an investment adviser without a licence.
25 May 2001 - Damien Parkes- 5 years for seven fraud charges relating to his involvement with the Nambucca Group of companies.
22 June 2001 - Wayne Christopher McNamara: the former financial advisor of Rostrevor in South Australian got 2 years for defrauding a client of securities worth $65,083, and converting a client's cheque of $10,375 for his own benefit.
25 June 2001 - Mark Stuart Crosling: the former director of Excelsior Run got
2 years for acting dishonestly and improperly using his position to gain a benefit. He drew cheques totalling $675,000 from the company in July 1998 for his own use.
27 June 2001 - George Cormack: the former financial adviser trading as Australian Moneymasters got
4 years and 9 months jail for obtaining property by deception involving $195,036.
6 July 2001 - James Bernard McDonell: the former director of Lateral Trading Ltd got
5 years for his action as an unlisted public company that traded in futures contracts and options over futures.
6 July 2001 - Ian Thomas Campbell Westcott: 3 years for his action as a former director of Lateral Trading Ltd. He also pleaded guilty to misappropriating $1.46 million and the theft of $50,000 of KBF Finance Ltd funds.
6 July 2001 - name withheld: 2.5 years for his action as a director and also pleaded guilty to misappropriating $1.46 million.
19 July 2001 - Sean Anthony Seeto: the former Hartley Poynton stockbroker got 3.5 years jail after pleading guilty to six counts of fraud involving $298,000 as well as applying $68,000 of client funds for his own use.
16 July 2001 - Andrew Kenneth Nuske: the former director of Mancross Pty Ltd got a steep
7 years in jail. He pleaded guilty to 28 charges of obtaining $647,000 by misappropriation, false pretences and forgery from Andrews Corporation PL and a number of mortgage applicants.
27 July 2001 - Stephen Mark O'Neill: the former company director from South Yarra did 5 years jail after he pleaded guilty to charges of theft, using false documents and improperly using his position as a director to gain an advantage for himself.
28 September 2001 - Kevin Anthony Gaw: 2 years and four months' for his part in promoting a series of horse-race betting schemes. He pleaded guilty to four charges of operating an unregistered managed investment scheme and four charges of inducing others to invest in securities by making false and misleading statements.
16 November 2001 - Kerry John Burked: 10 years jail, with a non-parole period of 7 years after pleading guilty to 50 charges relating to the misuse of more than $5.4 million of client funds.
16 November 2001 - Leonard Jon Smith: 7 years jail after being found guilty on 22 charges involving intentional fraud of $870,000.
——————————————————
2002: 22 in total25 February 2002 - Julian Kok Chee Lee: 2.5 years, pleaded guilty to 14 charges of dishonestly obtaining a financial advantage by deception.
15 March 2002 - Raymond Strano: sentenced to 8 years, for his part in the British Marine Bank scam perpetrated by George Balos. He was convicted on 17 charges of fraud involving approximately $973,024.
22 April 2002 - Alejandro Arisitides Romano: the officer at Pearl Group International got
2 years jail after he pleaded guilty to one charge of failing to act honestly.
22 April 2002 - Anibal Nicholas Romano (Nicholas Hannibal): the officer at Pearl Group International got 20 months jail after he pleaded guilty to one charge of failing to act honestly.
24 April 2002 - James Robb: the former director of the Berwick Brae Retirement Village got 16 months jail for failing to refund licence fees totalling $766,463 to a number of deceased estates. He gambled much of the money at Crown Casino.
29 May 2002 - Ian Robert Frost: 3 years for 12 charges of fraud, whereby his company DJF Pty Ltd obtained finance of more than $1.5 million.
24 June 2002 - Dennis Charter: the director of Kiss Corporation got 18 months jail for improperly diverting a cheque for $402,500.
26 June 2002 - Alan Hodgson: the former CFO of Harris Scarfe got 6 years jail for 32 charges.
24 July 2002 - John Phillip Gorcilov: 2 years for fraud charges.
24 July 2002 - Michael Frank Simich: 6 years jail. Mr Simich had his sentenced reduced for agreeing to past and future cooperation. He pleaded guilty to 50 charges of fraudulently obtaining funds from investors and 2 charges of stealing funds from investors.
12 August 2002 - Joachim Prehn: the former Burnie-based financial adviser got
6 years jail for 28 counts of fraud.
12 August 2002 - Paul Grant Stuart: 1 year after being found guilty of defrauding two investors of $35,500.
6 September 2002 - Michael Roussi (also known as Misagh Roussi): 2 years of periodic detention for 2 charges of improperly using his position as a director to gain an advantage for his wife, Rita Rohani.
13 September 2002 - John Charles Freeman: a director of Freeman Hall and Bankswood Developments who
got
2 years for two charges of failing to act honestly as an officer.
4 October 2002 - Anthony Eustace Senese: the former director of EC Consolidated Capital Ltd got
7 years for 2 counts of theft totalling in excess of $5.4 million and 25 counts of false accounting.
14 October 2002 - Jon Melville McKenney: the former managing director of the Lifestyle Property Group got 4 years jail for 15 charges including failing to act honestly, improper use of his position.
14 October 2002 - John Lloyd Caust: the former employee of Lifestyle Property Group got
2 years for seven charges relating to improper and dishonest use of his position as an employee.
16 October 2002 - Damien Parkes: 12 months for misusing $162,500 to buy a house in Vaucluse.
October 2002 - Douglas Gordon Johnston: 4 years, for 26 charges, 19 related to him obtaining $843,416 from clients.
22 November 2002 - Laurence John Tobin: the former AMP financial adviser got
2 years for obtaining $314,000 from investors for investment in a scheme called the Twinelles Mortgage Reserve Fund.
* 13 December 2002 - Simon Gautier Hannes: 2.5 years for insider trading charges to the value of $2 million in the securities of TNT Limited.
18 December 2002 - James Gordon Kearns: 6 years for on nine counts of fraud.
———————————————————-
2003: 15 in total13 February 2003 - Harunobu Fukusato: 4 years jail, suspended after 12 months, for failing to act honestly with intent to deceive a creditor. He was also sentenced to 18 months imprisonment on each of two counts of enabling or aiding the commission of forgery offences.
2 April 2003 - Randall John McFie: 2 years (suspended after 6 months) on a charge of attempted fraud.
4 April 2003 - Peter Robert Neilson: 15 months (to be released after serving 10 months) after ASIC alleged that he received insurance premiums clients, but did not pass these funds on to the insurance companies within the required 37 days.
28 April 2003 - Darryl John McGuire: 3 years (to be released after 12 months) after pleaded guilty to 7 charges of fraudulently inducing a person to deal in securities. He caused BT Funds Management Ltd to redeem units valued at $206,950, when he only had authority to redeem part of this amount.
6 May 2003 - Stephen John Taylor: 1 year for taking over $535,000 from investors in property development projects he promoted without a prospectus. Some investors mortgaged their homes in order to raise the funds needed to invest in these projects, and were aided by Mr Taylor in arranging the finance.
28 May 2003 - Rene Walter Rivkin: 9 months of periodic weekend detention and a fine of $30,000 for insider trading.
10 June 2003 - Joseph Francis McNeany: 3 years on 20 charges of theft relating to the $78,254 he received in premiums paid to Integrated Insurance Service.
11 June 2003 - David Paul Mudge: 27 months on a charge of inducing a person to deal in securities by dishonestly concealing material facts.
20 June 2003 - Graeme Geoffrey Milner: 2 years for three charges of dishonestly using his position as a company director to gain advantage for himself, and two counts of offering a prescribed interest without an approved deed.
20 June 2003 - Terrence John Hunter: 2 years for two charges of dishonestly using his position as a company director to gain advantage for himself, and two counts of offering a prescribed interest without an approved deed.
* 29 October 2003 - Mark Anthony Johnstone: 3 years after pleaded guilty to six fraud charges after the failure of DJF Pty Ltd which traded as MI Machinery at Youngtown in Launceston.
11 December 2003 - John Kenneth Shields: 3 years after Shields pleaded guilty to 18 counts of breaching his duties as a director of a public company EPAS Limited, the corporate trustee of the Employees Productivity Award Supernnauation Fund.
13 November 2003 - Harold Frederick Moses: 2 years and 10 months for two charges of cheating and defrauding former clients while operating as an AMP superannuation agent.
19 December 2003 - Colin Roderick McAskill: 6 months for inducing investors to deal in securities in contravention of the Corpations Act while a director of McMan Ostrich Ltd.
12 December 2003 - James Charles Andronicus: 2.5 years jail for managing Boldrow Pty Ltd while an undischarged bankrupt and for obtaining money by deception by promising to supply goods and obtaining credit while an undischarged bankrupt.
———————————————————–
2004: 28 in total30 January 2004 - Hamish Boyd Mclachlan: 9 years jail after being found guilty on 55 charges involving exchange-traded options being transferred from his personal account to the accounts of clients.
4 March 2004 - Andrew John Smith: 5 years jail, for thirteen fraud charges after he dishonestly obtained over $190,000 from investors by inducing them to bank debenture trading programs and other schemes offering rental rights to caravans.
12 March 2004 - Robert Gary Johnstone: Maximum 4 years jail for 18 counts of deception, two counts of making false statements to investors and a further two counts of making false statements and providing false documents to ASIC as the finance director of FOGI.
15 March 2004 - Amber Joy Phelps: 3 years jail after pleaded guilty to six counts of dishonesty applying $80,400 belonging to clients of ABN AMRO Morgans and to one count of dishonestly misusing her position as an employee of Boxberg Holdings Pty Ltd, with the intention of gaining an advantage for herself.
25 March 2004 - Lakhami Gulabrai Daswani or Lux Daswani: two years jail for 15 offences under the Corporations Act and 10 years jail for 12 offences under the Criminal Code.
26 March 2004 - William Forge: 2 and a half years prison arising from a number of resolutions made at a directors meetings of Hallmark Gold to remove cash from Hallmark for the benefit of third parties known to William Forge and Peter Clarke.
26 March 2004 - Peter Clarke: 18 months prison, to be released after 9 months, arising from a number of resolutions made at a directors meetings of Hallmark Gold to remove cash from Hallmark for the benefit of third parties known to William Forge and Peter Clarke.
31 March 2004 - Terence Eric Loveday: 20 months prison with a non parole period of 6 months for running an un-registered investment scheme.
# 15 April 2004 - Karl Suleman: (check for cumulative) 21 months jail with non parole of 12 months related to Karl Suleman Enterprizes Pty Ltd concerning the operation of an unregistered managed investment scheme and other businesses in the Froggy Group of companies.
16 April 2004 - Cameron John Watt: 4 years, non-parole of 2 years and 6 months after convicted on 11 counts of dishonestly using his position as an employee (Assistant General Manager) of Baptist Investments & Finance Limited, with the intention of directly or indirectly gaining an advantage for himself.
12 May 2004 - Richard Charles Salisbury: 18 months prison with 6 months parole. Mr Salisbury lodged applications with ASIC to reinstate two deregistered companies, Tidiru Pty Ltd and Ausbanque Pty Ltd. The applications falsely stated that Mr Salisbury and his wife, Ms Eunice Salisbury, had been validly appointed directors of the companies. He then made applications, on behalf of the companies, to the Commonwealth Bank of Australia and National Australia Bank in an attempt to obtain $74,146.85 in unclaimed moneys held on behalf of the companies.
18 May 2004 - Peter Lyle Sharp: 5 years with a non parole period of 3 years after pleaded guilty to 16 charges under the Corporations Act of making improper use of his position as the director of Tietyens Investments Pty Ltd to gain an advantage directly or indirectly for himself, and 23 charges of concurring in the making of false statements with intent to obtain a financial advantage.
20 May 2004 - Terrance Robert James: 3 years jail for 18 counts of breaching his duties as a director of EPAS Limited, the corporate trustee of the Employees Productivity Award Superannuation Fund, to gain advantages for himself.
26 May 2004 - Mervyn William Mitchell: 7 years prison with a non parole of 4 years after pleaded guilty to 110 counts of fraud. ASIC alleged that between July 1995 and May 2003, Mr Mitchell dishonestly obtained $4,571,813 from the superannuation and investment funds of 59 clients, which he used for his own purposes.
24 June 2004 - Timothy Rhys Hawker: 15 months after pleaded guilty to 38 charges of insolvent trading and two counts of fraudulent conduct.
8 September 2004 - Mervyn Alexander Roach: 2 years jail with a minimum of 14 months. Mr Roach was sentenced to two years' imprisonment on charges brought by ASIC and the Victorian Police, after he pleaded guilty to two charges of deception to the value of $59,612.33 and one charge of attempting to pervert the course of justice.
9 September 2004 - Upul Samantha Anthony: 4 years and six months imprisonment with a non-parole period of two years and nine months. Mr Anthony, a former securities lending dealer with Cogent Securities in Sydney, pleaded guilty to three charges of market manipulation brought by ASIC, and 16 charges brought by the NSW Police.
8 October 2004 - William Frederick Harmer: 2 years imprisonment for making materially misleading statements in a prospectus that sought to raise money to enable Clifton Partners to finalise a total loan facility to Onslow Trading Company Pty Ltd (Onslow Trading) of $2.52 million.
27 October 2004 - Donna Tung Sing Ho: 9 years with a non-parole period of 3
for nine charges of dishonestly using over $1.5 million of investors' money on the pretext of investing in various projects in mainland China through the Bo Long Group of Companies.
27 October, 2004 - Mark Sweeney: 8 and a half years for 10 charges of dishonestly using over $2.5 million of investors' money on the pretext of investing in various projects in mainland China through the Bo Long Group of Companies.
4 November 2004 - Robert Andrew Street: Five years for five charges of obtaining a financial advantage by deception, involving over $1 million of investors' money for funding to complete a number of investment projects he was developing which were actually a 'Nigerian Scam'.
19 November 2004 - Gregory John Waring: Two years and 10 months imprisonment for five charges under the Crimes Act and three charges under the Corporations Act for falsifying the accounts of Corrpro Australia.
23 November 2004 - Andrew James McKenzie: 4 years imprisonment after pleaded guilty to five counts of dishonestly accessing $375,000 from the trustee companies of Airlie Investment Corporation for his personal use.
1 December 2004 - Marcus Anthony: 6 months jail and fined $500 after pleading guilty to fraud and operating as an unlicensed insurance broker, misappropriating client funds and engaging in misleading and deceptive conduct.
9 December 2004 - Robert Geoffrey Walker: Seven years imprisonment for 21 counts of deception under the Crimes Act arising from false statements made to investors about returns.
17 December 2004 - Haydn James Dodge: 2 years imprisonment for three counts of conspiracy to defraud investors of approximately $1.4 million, and one count of dishonestly acquiring a financial advantage.
17 December 2004 - Maxwell John Sweetman: 18 months imprisonment on each charge to be served concurrently for two charges of insider trading in the shares of Harts Australasia. He was a former Executive Director of the company.
20 December 2004 - Andrzej Janusz Michalik: 18 months and fined $200,000 in relation to contempt charges brought by ASIC.
20 December 2004 - Martin Michalik: 18 months and fined $200,000. Jailed in relation to contempt charges brought by ASIC.
———————————————————————
2005: 17 in total 11 February 2005 - Gregory Fisher: jailed for 2 years for six counts of dishonesty having spent $220,425 relating to cheques the former managing director of the failed Satellite Group wrote to sponsor women's fashion designer Alex Perry so he could exhibit at a Sydney event in 2000.
23 March 2005 - John Michael Higgins: 8 years jail for 15 counts of fraudulently misappropriating client funds for his own use and three counts of dishonest conduct in relation to a financial product or financial service, defrauded nine clients of his financial planning business Macquarie Towns Financial Services Pty Ltd.
31 March 2005 - Mr John Phillip Gorcilov: 5 years jail for six charges relating to the use of a number of false names at various banks in Adelaide where he fraudulently sought funding for proposed purchases and he used false company records, and lied about assets to obtain over $2.39 million.
14 April 2005 - Rodney Stephen Adler: 4 years and 6 months with non-parole of two years and six months, for four criminal charges including 2 counts of disseminating information knowing it was false, one count of obtaining money by false or misleading statements, and one count of being intentionally dishonest and failing to discharge his duties as a director of HIH.
15 April 2005 - Ray Williams: 4 years and 6 months with non-parole of two years and nine months for three criminal charges that he was reckless and failed to properly exercise his powers and duties as a director of HIH, that he authorised the issue of a prospectus by HIH that contained a material omission and that he made or authorised a statement in the 1998-99 Annual Report, which he new to be misleading, that overstated the operating profit before abnormal items and income tax by $92.4 million.
29 April 2005 - John Forwood was jailed for three years and nine months with a non-parole period of 18 months after pleading guilty to 13 criminal charges of defrauding $3.9 million through his company Signprofiles which submitted bogus invoices for road maintenance and line marking that never happened.
13 May 2005 - Stephen Riddell: sentenced to two years jail with a non-parole period of 16 months in relation to 21 charges brought by ASIC for acting whilst disqualified, lodging false documents with ASIC and lying to his board. Didn't help his cause by being caught with a false foreign passport and initially being sentenced ex-parte after failing to appear in court.
27 May 2005 - John McMunn: sentenced to five years and four months jail with a minimum of 4 years after being found guilty of 16 charges brought by ASIC and 16 charges brought by the AFP relating to obtaining a financial advantage by deception while he was a director of Interest Recount Corp Pty Ltd (IRC), by making false representations to investors and defrauding the ATO in the process.
15 June 2005 - Luke Duffy: the former head of NAB's foreign currency options desk was sentenced to 29 months imprisonment with a minimum of 16 months after pleading guilty to three charges of dishonestly using his position as an employee of NAB in order to gain advantages for himself and others.
20 June 2005 - Peter Puhakka: 57-year-old tiler from southern Sydney got eight months with a minimum of three on seven charges for making false statements in documents lodged with ASIC and three counts of falsifying company records.
21 June 2005 - Michael Andrew Smith: Former South Australian adviser jailed for fraud and was sentenced to three years and six months imprisonment, with a non-parole period of 18 months.
24 June 2005 - Richard James Frawley Kogarah Bay man sentenced to two-and-a-half years imprisonment after being found guilty of making a profit of $586,000 after insider trading in JNA shares.
1 July 2005 - John Henderson Jackson: A former Adelaide-based liquidator was sentenced to 3 years jail in the District Court in Adelaide on charges arising from an investigation by the ASIC into his conduct as a receiver and manager of Edcom Real Estate Pty Ltd.
15 August 2005 - Elizabeth Heather Parry: Cairns accountant who operated Parry & More Accountants and was jailed for ten years after pleaded guilty to fraud charges.
13 September 2005 - John Barrie Loiterton: sentenced to three years in prison after pleading guilty to one charge of making a false or misleading announcement to the ASX in late 1998 while a director of Clifford Corporation.
28 October 2005 - Craig John Mckim: sentenced to eight years jail with a non-parole period of five years after pleaded guilty to fraudulently taking funds totalling $2.19 million for his own use.
23 December 2005 - Timothy Dougals Barr Dickson: A former equities advisor of Balair in South Australia was sentenced to 18 months imprisonment after pleaded guilty to dishonestly used his position as an employee of Baker Young Stockbrokers to gain an advantage for himself totalling $36,000 by causing clients' money to be transferred without their knowledge or consent.
—————————————————————-
2006: 18 in total 24 February 2006 - Calvin Everard Borgonha: A former accountant from Vermont South in Victoria who was sentenced to 24 months after pleading guilty to five fraud charges brought by ASIC.
9 March 2006 - Anthony Keith Kelly: sentenced to five years imprisonment, with a minimum of three, in relation to fraud charges.
4 April 2006 - Alan Raymond Dawson: former managing director of Voicenet, was sentenced to two years imprisonment on two counts (to be served concurrently) of failing to act honestly in the discharge of his duties.
6 April 2006 - Gianni Gray: foreign exchange trader convicted and sentenced to 16 months imprisonment after pleading guilty to dishonestly using his position as an employee of NAB in order to gain advantages for himself and others.
7 April 2006 - Chad Timmins: sentenced to three years and three months in prison in relation to eight counts of fraud relating to the early release of preserved superannuation benefits and to dishonestly applying other people's property to his own use.
15 May 2006 - Donald Richard Maxwell: pleaded guilty to one count of carrying on a financial services business without an Australian financial services licence (AFSL) and was sentenced to 12 months imprisonment.
25 May 2006 - Andre Michalik: formerly of Oyster Bay in Sydney, served a non-parole period of seven months after pleading guilty to six offences of engaging in dishonest conduct while carrying on a financial services business. Another 20 offences were taken into account on sentence.
* 23 June 2006 - Bradley Cooper: (what was full sentence?) convicted on six charges of corruptly giving a series of cash benefits to influence an agent of HIH Insurance Limited and on seven charges of publishing false or misleading statements with intent to obtain a financial advantage and was sentenced to serve a minimum of five years' jail.
4 July 2006 - David Matthew Bullen, 34 years old, of Eversley in Victoria, a former National Australia Bank foreign currency options trader, was sentenced to 44 months imprisonment to serve a minimum of 30 months in relation to 18 charges of systematically and deliberately entering into transactions, which he knew to be dishonest.
4 July 2006 - Vincent Adam Ficarra, 27 years old, of Brunswick in Victoria, a former National Australia Bank foreign currency options trader, was sentenced to 28 months imprisonment to serve a minimum of 15 months on 13 charges of systematically and deliberately entering into transactions, which he knew to be dishonest.
22 September 2006 - Rocco Ferrantino: sentenced to two years in prison for his role in a dubious superannuation rollover benefits scheme.
29 September 2006 - David John Muir: sentenced to two years in prison to after pleaded guilty to seven charges of making improper use of his position as a company director.
3 November 2006 - Guiseppe Antonio Mercorella: the District Court in Adelaide sentenced the former Adelaide company director to 5 years (two and a half non-parole) after he pleaded guilty to 13 offences under the Corporations Act.
3 November 2006 - Paul Drakos: eight-and-a-half year sentence after pleaded guilty to eight counts of dishonestly.
9 November 2006 - Neville John Kakoschke: sentenced to two-and-a-half years on 27 forgery charges arising from an investigation by ASIC.
23 November 2006 - Mark Timleris: 3 years imprisonment. The charges related to falsifying Bustan Group inventory and accounting records, dishonestly using his position to gain a financial advantage for the Bustan Group and knowingly signing the false Bustan Group 2000 and 2001 financial statements subsequent to deceiving the former auditors, Ernst & Young.
1 December 2006 - Antony (Tony) Boulden: A former Financial Controller of the Corporate and Professional Insurance Division of FAI General Insurance was sentenced to 12 months of periodic detention.
12 December 2006 - Roy Albert Edwards: sentenced to nine months imprisonment in the Magistrates Court of Western Australia after pleading guilty to one charge of managing a company while disqualified.
—————————————————————-
2007: 14 in total
* 24 January 2007 - Karl Suleman: (check combined lengths) former director of Karl Suleman Enterprises Pty Limited (KSE), was jailed 7 years after pleading guilty on 1 May 2006 to a total of 26 charges following an investigation by ASIC into the operations of KSE. He was eligible for parole on 31 October 2011.
8 February 2007 - Shane William Hoy: jailed for five and a half years by the Brisbane District Court following an investigation by ASIC into his dishonest use of hundreds of thousands of dollars. Five and a half years in prison for each of the four fraud charges, six months imprisonment for failure to hold an AFSL and six months imprisonment on each of the four counts for providing false information to ASIC, all to be served concurrently.
9 February 2007 - James Kwok: sentenced to 24 months imprisonment after being found guilty of dishonestly using his position as a director under the Corporations Act. The Queensland man will serve 14 months by way of periodic detention following an investigation by the ASIC.
30 March 2007 - Margot Olive McKay: the former Sydney media relations consultant pleaded guilty to insider trading and was sentenced to 15 months periodic detention following an investigation by ASIC.
3 April 2007 - Stephen Craig Jenvey: of Mooroolbark, Victoria, was sentenced to four years and three months imprisonment after pleaded guilty to six counts of theft and three counts of corruptly receiving an inducement or reward. A minimum non-parole period of two years.
12 July 2007 - Richard James Blundell: former director of insurance broking company Blundell & Associates who received two years imprisonment, discounted to 18 months due to a guilty plea, on charges brought by ASIC. Non parole period of six months.
16 July 2007 -Paul John Blundell: 18 months for fraudulently omitting to account for money, with a non parole period of nine months.
8 August 2007 - Edward Lawrence: sentenced to six months imprisonment after pleading guilty in the Melbourne Magistrates' Court to three charges. He was charged under the
Corporations Act with fraudulently concealing company property, functioning as a company officer while the company was in liquidation and engaging in conduct that hindered the liquidator in obtaining possession of the company's books and records.
10 September 2007 - John Gerard Sage: Two years imprisonment on 10 charges of providing materially misleading oral statements and investment brochures to investors concerning his property development, Pacific Tower in Hawthorn, between August 1999 and June 2002.
12 September 2007 - Anthony John Brownlee: sentenced to nine months imprisonment with a minimum term of three months imprisonment after pleading guilty to six charges brought by ASIC. The investigation found that Mr Brownlee acted as a director of all six companies despite being disqualified following a fraud conviction in 2000.
15 October 2007- Stuart Adrian Corp: sentenced to three years in prison, to be released on a recognisance after serving 16 months, following ASIC actions over Corporations Act breaches.
15 October 2007- Mr Brian Millwood Smith: sentenced to three years in prison, to be released on a recognisance after serving 16 months, following ASIC actions over Corporations Act breaches.
# (check date) 2 November 2007- Piet Cornelius Walters: eight years jail after pleading guilty on 30 October 2007 to 14 fraud charges laid by ASIC and an additional charge of dishonest inducement. The charges, involving over $992,000, relate to offences surrounding the provision of financial services to 12 clients of Drury Management Pty Ltd, a Cairns-based accounting practice of which Mr Walters was a director.
21 November 2007 - Robert Orehek: the Castle Hill man pleaded guilty to two charges of fraudulently misappropriating investors' funds amounting to $170,000 and was sentenced to four years and four months in prison.
—————————————————————–
2008: 18 in total
1 February 2008 - Michael Kwong: the Reservoir man received three years in relation to five Commonwealth offences. The charges are associated with dishonestly using his position as an employee of Smith Barney Citigroup Australia.
18 Februrary 2008 - Dominic Cincotta: Five years in prison after pleading guilty to seven fraud charges brought by ASIC, with a minimum of three years in prison. Charged with dishonestly obtaining a financial advantage in relation to funds totalling $5.8 million.
20 February 2008 - Ronald William Wynhoven: Teesdale man, undischarged bankrupt and former mortgage broker who was sentenced in the Melbourne County Court to three years imprisonment with 12 months to serve. The remaining two years of the sentence was suspended for three years. Mr Wynhoven was also ordered to pay $200,000 compensation to one of the victims in the matter.
29 February 2008 - Randolph Raymond: Formerly of Jindalee, Queensland, was sentenced to three years imprisonment, to serve 12 months, after pleading guilty to five fraud charges in the Brisbane District Court brought by ASIC. Charged with four counts of uttering a forged document claiming to be an acknowledgement of the payment of money and the delivery of goods between 1 July 2004 and 23 July 2004.
28 March 2008 - Mr Tunde Doja: sentenced to a minimum of three years and eight months imprisonment in the Sydney District Court following an investigation by ASIC into Progressive Investment.
6 June 2008 -
Michael Kosmos Damianos: Bentleigh man
sentenced to three and a half years jail after pleading guilty in the Melbourne County Court to obtaining a financial advantage by deception and false accounting, following an ASIC investigation.
27 June 2008 -
Mark Andrew Cyril Stanley: sentenced in the County Court of Victoria following two separate investigations by ASIC. He was subsequently charged with two counts of theft totalling approximately $2.79 million from investors and misappropriating over $650,000 from a joint venture. A non-parole period of three and a half years.
16 July 2008 -
Mr Rober James Wilson: Kensington man who was sentenced to 18 months after pleading guilty in the County Court of Victoria to two charges of theft, one charge of obtaining financial advantage by deception and one charge of obtaining property by deception, following an ASIC investigation. 12 months of the sentence is wholly suspended.
25 July 2008 -
Mr Peter Braun: Rose Bay man was sentenced to three years and nine months in the Sydney District Court in relation to six charges of dishonest conduct laid by ASIC. Non-parole period of two years and five months.
30 July 2008 -
Mr Robert Bassili: arrested in London on 20 May 2007 and subsequently extradited to Australia to face charges laid by ASIC. A former director of Radisson Maine Property Group (Australia) Pty Ltd (RMPG) and Chief Executive Officer of RAN Holdings International Ltd, was sentenced in the Sydney District Court to three years and three months jail.
20 August 2008 -
Mr Scott James Dawson: Greenslopes man who was sentenced in the Brisbane District Court to three and a half years imprisonment after pleading guilty to eight charges brought by ASIC. Served 10 months of his sentence before being released on a five year good behaviour bond.
16 September 2008 -
Mr Marcel Shears: former Gold Coast boat builder, has been re-sentenced in the Southport District Court to four months imprisonment after failing to complete 200 hours community service imposed in July 2007. Served six weeks.
18 September 2008 -
Mr John Tsingaris: Rosanna man who was sentenced in the Melbourne County Court to two and a half years imprisonment (minimum of 18 months) for offences involving the misappropriation of over $160,000 from 20 investors.
19 September 2008 -
Mr Geogory Nathan: received 7 years after
facing five counts of dishonest conduct under the Corporations Act and a further four counts of obtaining money making false and misleading statements while managing a fund.
1 October 2008 -
Mr Robin Brian Poumako, former director of International Finance Corporation Pty Ltd (in liquidation) (IFC) who received two and a half years in the South Australian District Court on 44 charges relating to raising funds from the public in breach of the Corporations Act.
December 11 2008 -
Mr Darryl John Loane, former Gold Coast property developer who was sentenced in the Southport District Court to eight years imprisonment for dishonestly obtaining a loan of $4.7 million from Lawloan Mortgages Pty Ltd in May 1999 for the development of Cove Resort Pty Ltd in the Whitsundays. A minimum of 15 months.
12 December 2008 -
Mr Michael Cay: Greenvale man in northern Melbourne who operated finance and mortgage broking firm, Jewel Financial Services, which was liquidated. Pleaded guilty to four counts of obtaining property by deception and one count of obtaining a financial advantage by deception, was sentenced in the Melbourne County Court to four years imprisonment, with a minimum of three.
17 December 2008 -
Mr Spartaco Fasciale was convicted by a jury on four counts of obtaining a financial advantage by deception, 10 counts of dishonestly obtaining property by deception and 14 counts of breaching directors' duties following a two week trial. He was sentenced in the Melbourne County Court to six years with a minimum of four and a half.
—————————————————————-
2009: 12 in total
22 January 2009 -
Mrs Patricia Jenkins: sentenced in the Brisbane District Court to two and a half years imprisonment after pleading guilty to three charges laid by ASIC of dishonestly gaining a financial advantage of $132,000 for Jenkins Increase Pty Ltd in 2005.
3 April 2009 - Ms Claire Horsman: former accountant and company secretary for the Bustan Group who was sentenced to two years and six months imprisonment after pleading guilty to three criminal charges brought by ASIC for falsely representing Bustan's financial position in monthly reports provided to its bankers to ensure the continuation of its financial facility. Minimum of eight months with 19 months suspended.
21 April 2009 - Mr Stephen Matthews: West Pymble man sentenced to six months imprisonment for contempt of court. On 25 February 2009, Mr Matthews was found guilty by Justice Barrett of contempt of court for breach of orders of that Court on 4 October 2000 in proceedings brought by ASIC. The orders permanently prevented him from undertaking the business of advising about securities and of dealing in securities except as permitted by the Corporations Act.
27 April 2009 - Mr Mukesh Panchal: Former Queensland Gas executive and company secretary, sentenced to two years jail with a minimum custodial period of 14 months for insider trading. Mr Panchal bought the shares while in possession of inside information about an $870 million alliance with British-based BG Group.
19 May 2009 - Former property developer,
Mr Keith McCoy: former property developer from Mt Tambourine in Queensland who
was sentenced in the Brisbane District Court to three years imprisonment after forging 5 cheques.
22 May 2009 - Mr Timothy McKenzie: Boronia man and former director of EBS Consulting and EBS Holdings who was sentenced to four years imprisonment after pleading guilty to three charges of obtaining a financial advantage by deception and two charges of theft. Minimum non-parole period of 18 months.
10 June 2009 - Mr Adrian Camilleri: the former sole director of Asset Finance Service Pty Ltd was sentenced to 21 months imprisonment with a non-parole period of nine months after being found guilty of one count of fraud.
20 August 2009 - Mr Shaun White: Eltham man who was a
director of PFS Business Development Group which set up self-managed superannuation funds for its clients. Sentenced to four years and two months jail with a non-parole period of two and a half years in the Victorian County Court on 12 charges after he stole $428,000 from SMSFs to support his business and for living expenses that included the renting of a Southbank apartment.
11 September 2009 - Mr Gerard Little: failed to ensure his SMSF, known as the Little Superannuation Fund, was maintained in accordance with the sole purpose test. He was sentenced to two years imprisonment, to be released after eight months, for unlawfully allowing the early access of superannuation benefits. Mr Little's release was conditional upon entering a $1,000 security to be of good behaviour for a period of three years.
19 October 2009 - Mr Brett Best: Brisbane man was sentenced to 13 years imprisonment for various charges related to operating an unregistered managed investment scheme whilst a director of Arafura Equities. He pleaded guilty to seven charges of dishonestly gaining a financial advantage for himself and his company, and one charge of operating an unregistered managed investment scheme. Paroled 4 years and 4 months.
9 November 2009 - Mr Russell Collins-McBride: Adelaide man was sentenced to six months imprisonment, fully suspended upon entering an agreement of good behaviour for three years. A former franchisee of Power Loan he pleaded guilty to carrying on a financial services business without an Australian Financial Services Licence.
* (duplicated?) 12 December 2009 - Mr Michael Cay: Greenvale man in Melbourne who was sentenced in the Melbourne County Court to four years imprisonment and must serve three years before he is eligible for parole. He was the operator of finance and mortgage broking firm, Jewel Financial Services, which is now in liquidation, and was guilty of obtaining property by deception and of one count of obtaining a financial advantage by deception.
17 December 2009 - Mr Spartaco Fasciale: Moonee Ponds man who was sentenced in the Melbourne County Court to six years imprisonment and will serve a minimum of four and a half years. A former director of Fasciale Futures Trading, which was typical of a ponzi scheme, was charged with obtaining a financial advantage by deception, 10 counts of dishonestly obtaining property by deception and 14 counts of breaching directors' duties.
—————————————————————
ASIC jailings in 2010: 18 in total
9 February 2010 - Samuel Saunders: property developer and mortgage broker from
Orange in NSW who was sentenced to 2 years and 3 months imprisonment with a non-parole period of 12 months on charges related to his work as a director of Mortgage Finance Australia.
18 February 2010 - Hugh Gordon: the former head of Newcastle investment company Whet Investments Ltd was sentenced in the NSW District Court to eighteen months imprisonment to be released after serving eleven months and then entering into good behavior bond for 2 years. The sentence was stayed and bail continued to 9 April 2010, to assess whether the offender was suitable to serve his sentence by way of home detention or periodic detention.
29 March 2010 - Mr Atan Kassongo: sentenced in the District Court of New South Wales to two years imprisonment, to be released after eight months, for unlawfully allowing the early access of superannuation benefits. His release was conditional upon entering a $1,000 security bond to be of good behaviour for a period of three years.
25 March 2010 - Mr Oswyn De Silva: former Macquarie Bank portfolio manager was sentenced to nine months imprisonment with a non-parole period of six months for contempt of court. On Friday 26 February 2010, ASIC obtained ex-parte orders from the Supreme Court restraining Mr De Silva, 36, a resident of the United Kingdom, from leaving or attempting to leave Australia because of an ongoing ASIC investigation into Mr De Silva's trading between 2006 and 2007. On 1 March, Mr De Silva attempted to leave Australia from Perth but was stopped by the Australian Federal Police.
19 March 2010 - Mr Geoffrey Newing: Hawthorn East man sentenced to a total of 22 months imprisonment and was ordered to serve six months of this sentence before being released on a recognisance release order. Was the former Genetic Technologies chief operating officer and pleaded guilty to five counts of market manipulation.
9 April 2010 - Mr Gregory Barnes: the former managing director of gold exploration company Chameleon Mining was sentenced in the NSW District Court to nine months imprisonment with a non-parole period of six months after being found guilty of permitting false and misleading information to be given to the ASX.
9 April 2010 - Mr Landan Roberts: the former director and secretary of Chameleon Mining was sentenced to eight months imprisonment with a non-parole period of five months for permitting false and misleading information to be given to the ASX.
27 April 2010 - Mr Oliver Banovec: Bellevue Hill resident who was sentenced to seven years jail, with a non-parole period of four years nine months. He is a former director of 3 companies now in liquidation and was found guilty of 5 fraud charges and one perjury charge following a four week trial.
4 June 2010 - Mr Kevin Pollock: Perth man sentenced to five years and four months jail, with a non-parole period of three years and four months. The former director of Perth-based property developer, The Pollock Group, was convicted on nine charges in relation to fraud involving over $3 million.
8 June 2010 - Mr Joseph Kieng Ho Wong: a Malaysian citizen and Australian permanent resident who was sentenced to five years imprisonment, to be suspended after 18 months, for misappropriating $330,000 from Austpac Projects
.
11 June 2010 - Mr Rocco Mark Calabrese: Richmond resident in Victoria who pleaded guilty to charges brought by ASIC for managing a corporation while disqualified. Convicted and sentenced to a total of 8 months imprisonment to be released after serving 4 months on the basis that he give security of $1000 and be of good behaviour for a period of 12 months.
15 June 2010 - Mr Keith Smith: of Officer, Victoria, was convicted and sentenced to four months imprisonment which he will serve by way of intensive correction in the community. He was charged with managing a corporation while disqualified under the Corporations Act.
13 July 2010 -
Mr Newton Chan: North Balwyn resident and former Macquarie Group staffer who was jailed for 20 months but only served 4 for market manipulation and lying to ASIC about trading he did in the teetering Bill Express.
22 July 2010 -
Mr Christopher Koch: Point Cook resident in Victoria who was sentenced in the Melbourne County Court to 13 years and 2 months jail on charges brought by ASIC. Between 1996 and 1999, he promoted a fictitious, international, high-yield investment program where investors were told they would receive returns of between 50 and 150 per cent in periods as short as 90 days. Mr Koch received $1.742 million from 11 victims and is required to serve a minimum sentence of ten years before release.
19 August 2010 - Mr Ian Rau: Footscray resident and the former company secretary of Chartwell Enterprises who was sentenced to two years and seven months imprisonment on eight charges. He was to serve 18 months jail before being eligible for parole.
24 August 2010 - Ms Susan Marie Palusi: Kurnell resident in Sydney who was sentenced to 12 months imprisonment, to be released after serving eight months and entering into a two year good behaviour order. Ms Palusi illegally facilitated the early release of preserved superannuation benefits while trustee of the Palusi Superannuation Fund.
3 December 2010 - Mr John Hartman: Mosman resident received a four and a half year sentence on 25 insider trading related charge to his work as an equities dealer at Orion Asset Management. Minimum terms was set at three years.
17 December 2010 - Mr Kovelan Bangaru: the former Streetwise director was sentenced to 8 years and 6 months imprisonment and will not be eligible for parole until he has served 6 years and 4 months of his sentence. Mr Bangaru fraudulently obtained over $19.8 million from a number of financial institutions by providing false financial statements in support of various loan applications from companies of which he was a director.
=======================================================================================
ASIC jailings in 2011: 327 January 2011 - Mrs Hazel Bucello: sole director of Victorian Finance Broking Services in Kew who served a minimum two and a half years in prison after pleading guilty to five counts of obtaining property worth $2,384,339 by deception through a Ponzi scheme.
23 February 2011 -
Tamara Newing: sentenced to 21 months on 10 counts of market manipulation in her father's company Genetic Technology but was released after a plea-bargain which delivered a guilty a plea.
19 December, 2011 -
Stuart Ariff, the notorious liquidator was jailed for 6 years after being convicted on 19 criminal charges broughbt by ASIC related to his performance as liquidator of HR Cook Investments where he defrauded creditors by transfering $1.18 million to himself.
———————————————————————————
ASIC jailings in 2012: 4
13 April, 2012 -
Peter Hickey: A former director was sentenced to jail for 2 years with a non-parole period of 12 months for stealing more than $200,000, some of which he used to pay off personal debts including his wife's credit card.
5 September, 2012 -
Tania Michele Oakley: A former investment company director from Noosa was sentenced to 2 years jail after pleading guilty to three criminal charges relating to her role as the sole director of a purported investment company, Tanoak Pty Ltd, between March 2007 and November 2010.
19 December, 2012 -
Stuart Fysh. A former executive vice president of BG Group plc, a large international gas company, was jailed for insider trading following an ASIC investigation. NSW Supreme Court Justice Lucy McCallum sentenced Dr Stuart Alfred Fysh to two years imprisonment and ordered he spend at least 12 months in prison before being eligible for parole. After a four week trial, a jury found Dr Fysh guilty of two counts of insider trading. The charges against Dr Fysh related to his purchase of 250,000 shares in Queensland Gas Company (QGC) in December 2007. The jury found that Dr Fysh had been in possession of inside information relating to BG Group's interest in QGC at the time he purchased the shares. BG Group and QGC announced an A$870 million strategic alliance in February 2008. Dr Fysh purchased the QGC shares at an average price of $3.19 per share. In November 2008, he sold 250,000 shares in QGC at $5.75 per share for a total amount of $1,437,500, resulting in a net profit of $640,000. Dr Fysh was ordered to pay a pecuniary penalty order in the amount of $640,857.18 as a result of separate proceedings conducted by the Australian Federal Police under the
Proceeds of Crime Act 2002.
24 December, 2012 -
Trevor Carll, a former financial planner based in Port Pirie, South Australia, was sentenced in the Adelaide District Court today to two years in prison with a non-parole period of 13 months. Mr Carll pleaded guilty on 29 June 2012 to one count of deception and two counts of dishonest dealings with documents.
==================================================================
ASIC jailings in 2013: 15 in total
13 February 2013 - Brian Wood: one of three men accused of operating a $30 million Ponzi scheme called Integrity Plus Fund who pleaded guilty and sentenced to 3 years and 11 months with a minimum of two and a half years. ABout 270 investors were caught up in the scheme.
13 February 2013 - Jimmy Truong: one of three men accused of operating a $30 million Ponzi scheme called Integrity Plus Fund who pleaded guilty and sentenced to 2 years and 8 months with a minimum of two years. About 270 investors were caught up in the scheme.
13 February 2013 - Con Koutsoukos: one of three men accused of operating a $30 million Ponzi scheme called Integrity Plus Fund who pleaded guilty and sentenced to 2 years and 8 months with a minimum of two years. About 270 investors were caught up in the scheme.
15 February 2013 - Bo Shi Zhu: the former Hanlong Mining vice-president, 31, pleaded guilty to three counts of insider trading and was today sentenced to 2 years and 3 months jail, with a minimum of 15 months. He provided an early guilty plea for conduct from December 2006 to July 2011, while working for three different employers: Caliburn Partnership, Credit Suisse and Hanlong Mining.
22 February 2013 - Jonathan Kur: A Perth-based stockbroker with Hogan and Partners who was sentenced in the Perth District Court to four years jail on three counts of fraud worth $7.56 million. The charges followed an ASIC investigation into his conduct in relation to options trading, and dealing in options for a number of clients based in Botswana. ASIC alleged that between May 2005 and December 2008, he intentionally hid trading losses he accumulated on three overseas client accounts.
10 April 2013 - Peter Couper: the former Bill Express CFO was sentenced to 22 months in jail, to be released after 60 days, after an appeal against an earlier wholly suspended sentence. The 59-year-old Victorian falsified the accounts of the former listed payments processing company and lied to the company's auditor and ASIC.
23 May 2013 - Glen Evans: The former Bell Potter advisor was sentenced to five years jail with a non-parole period of three years and nine months for fraudulent conduct that cost investors more than $1.6 million. The Sydney man pleaded guilty in the Sydney District Court to 10 counts of failing to account. ASIC's concerns arose from Mr Evan's role as a director of Kismet Trading Pty Ltd (deregistered), during his employment at Bell Potter Securities where he worked until his resignation in October 2008. Between September 2002 and October 2008, he entered into contracts with individuals and SMSFs to invest in Australian equities and derivatives but failed to invest the money as agreed, provided false trading and performance reports, failed to repay the balance of the proceeds to the investors and used clients' money as collateral for his personal trading account without their authorisation.
7 June 2013 - Nicholas Glynatsis: Former PwC tax consultant who made $50,000 through insider trading and was sent to two years with a minimum of one after the DPP appealed an earlier non-custodial sentence.
11 July 2013 - Randal Carey: Former Alice Springs builder who was sentenced to three months jail after pleading guilty in the Alice Springs Magistrates Court to a charge of managing a company while disqualified. He ran Carey Builders Pty Ltd (in liquidation), while being disqualified from managing a corporation after being declared an undischarged bankrupt in December 2001. Carey Builders operated as a builder in Alice Springs from about August 2006 until 2 March 2010 when Alan Scott of BRI Ferrier was appointed liquidator. Losses suffered by creditors exceeded $740,000. This includes people for whom Carey Builders was constructing homes, as well as small businesses including trades personnel and suppliers.
8 August 2013 - John Khoo: The Queensland man and
former banking associate at the Royal Bank of Canada (RBC) was sentenced to 23 months in jail, with a minimum of 14 months, after pleading guilty to four charges of communicating inside information. Mr Khoo gained the inside information while working at RBC on the proposed acquisition of Macarthur Coal by Peabody Energy and ArcelorMittal, and the proposed takeovers of Caledon Resources PLC by Guangdong Rising Assets Management Co Limited and of Mantra Resources Pty Ltd by JSC Atomredmetzoloto between 2010 to mid-2011. He told two associates who then profitably traded on the information.
9 August 2013 - Bruce Wickett: A 69 year old former insurance broker was sentenced to 18 months jail with a non-parole period of 8 months after pleading guilty to three charges of theft in February 2013 after an ASIC investigation found he stole $662,198.31 between August 2010 and March 2011. He was the director of Wickett Investments Pty Ltd and Wickett Insurance Broking Pty Ltd, through which he operated his insurance broking business. ASIC found he stole the money, which represented insurance premiums paid by clients to his insurance broking business, instead of passing the funds on to the relevant insurance companies as required. He then sent the money overseas to a person he had met online, and who he subsequently developed an online relationship with, not that that is against the law, of course.
6 September 2013 - Clestus Weerappah: the former director of Dollarforce Financial Services was jailed for four years over his role in the collapse of the property development group which saw investors lose $8 million. The Oakleigh resident, 48, pleaded guilty to five charges relating to the raising of more than $4 million from investors. The charges included dishonestly using his position as a director and making false and misleading statements The court ordered him to repay $3.7 million to a number of investors.
25 October 2013 - Lawson Stuart Donald: the former Bell Potter adviser pleaded guilty to dishonest conduct involving more than $1.7 million was jailed for two years with a minimum of 12 months by the NSW Court of Criminal Appeal after ASIC appealed the original wholly suspended sentence. He dishonestly used his position to personally profit by rebooking share trades, or transferring trades from one client account to another.
13 November 2013 - Thai Quoc Tang: the 58-year-old Queenslander was sentenced to 2 years imprisonment for market manipulation after admitting to creating a false or misleading appearance in the market when trading in the shares of Tissue Therapies over 13 months from December 2010. He conducted his trades through 11 separate online accounts, but was released after 4 months on a 3 year good behaviour bond.
23 December 2013 - Bill Duckworth: The 66 year old former director of now-defunct WA property developer Ocean Key Holdings Limited was sentenced to four years imprisonment after having been found guilty of stealing more than $820,000. He faced 22 counts of stealing as a director and was found guilty on 20 counts following a four week trial in the Perth District Court. Ocean Keys sought $5 million from the public in 2006 via an Offer Information Statement for the purpose of undertaking the subdivision and sale of land near Lancelin, 130km north of Perth. The land was never subdivided and no substantial progress was ever made on the project.
—————————————————————————————————-
ASIC jailings in 2014: 15 in total14 March, 2014 - Brian Northcote: The former CEO of West Australian Compass Hotel Group Ltd pleaded guilty to breaching directors' duties and submitting false and misleading documents to ASIC and had his original non-custodial sentence quashed by the NSW Court of Criminal Appeal which re-sentenced him to a term of imprisonment of three years and six months. Following an ASIC investigation, he pleaded guilty to charges of having breached his duties as a company director by dishonestly withholding information from the Compass board and using his position to gain a financial advantage.
17 April, 2014 - Russell Johnson: the former sole director of Sonray Capital Markets was sentenced to six-and-a-half years in jail in the Victorian Supreme Court after the company collapsed in 2010 owing more than $46 million. The charges included false accounting, theft and deception and conspiracy to steal. Will serve a minimum of three-and-a-half years. Sonray was established in 2003 and held an AFSL. It was one of the first brokers in Australia that provided advice on CFDs.
16 May, 2014 - David Zohar: the former director of Aluminex Resources Limited was sentenced to 14 months in jail by the Perth District Court after pleading guilty to three counts of providing false and misleading information to the ASX. Served a minimum of five months.
17 June, 2014 - Kristoffer John Watts: A day trader living in Casuarina, NSW, was sentenced to two years in jail (all but 3 months wholly suspended) for market manipulation through trading in contracts for difference (CFDs) in Austpac Resources NL and Smarttrans Holdings.
27 June, 2014 - Tony Maher (Paul Gresham): A former investment manager with links to the failed firm Trio Capital was sentenced to 25 months jail for making false statements resulting in his business receiving more than $500,000 in payments. Changed his name from Paul Gresham and pleaded guilty in October 2013. Made false statements regarding the valuation of investments made by the ARP Growth Fund (ARP) over two years, where he controlled the investment manager. Appeared in the District Court of NSW and served a minimum of 15 months.
4 July 2014 - name withheld: a former fund manager received a 22 month sentence with a minimum of 8 months, in the Victorian Supreme Court after pleading guilty to improperly using his position to profit at the expense of his clients to the tune of $630,000. He traded futures over 63 days in 2010 on offshore markets and placed opposite trades through his personal account. Subsequently repaid $575,000.
7 August, 2014 - Bill Katsabis: the County Court in Melbourne gave him 2 years and 3 months with a minimum of 6 months for transferring property out of the reach of his company's liquidator. Also ordered to repay a total of $241,218 to the company.
14 August, 2014 - Mark Ronald Letten: the well-known South Yarra accountant was sentenced in the Melbourne County Court to five years and eight months imprisonment on charges brought by ASIC. He pleaded guilty to 27 charges under the Corporations Act, including operating 21 unregistered managed investment schemes relating to property development. The 60 year old was the former director of LGH Holdings Ltd (in liquidation) and the principal of the accounting firm Lettens Pty Ltd, formerly The Letten Group, had also admitted to dishonestly using his position as a director involving the use of investor funds more than $533,000 and of carrying on a financial services business without an AFSL. He must serve a minimum 3 years. Between 1998 and 2010, more than 1000 investors, the majority of whom were sourced through Mr Letten's accountancy practice, placed more than $100 million in investment property schemes in Australia and New Zealand. Mr Letten managed and promoted the projects through a number of companies, including LGH Holdings Ltd. ASIC wound them up and investors lost at least $67 million in the schemes.
20 August, 2014 - Carlo Cini: sentenced to five years and three months for his role as a director of Williamstown-based company, C Cini & Company Pty Ltd. Minimum sentence from the County Court of Victoria was three years and three months after he pleaded guilty to a $1 million fraud. ASIC's investigation found he raised more than $1 million from seven investors based on representations that the money would be used for property development, when the majority of the funds were subsequently used for other purposes, including the lease of a Ferrari and several Mercedes and the deposit to purchase a family home. Also issued $700,000 in dud cheques to the investors.
31 October, 2014 - William John Jones: Central Coast man jailed for 18 months for committing a $260,000 fraud after persuading two investors to give him the money for share trading which he then used for his personal benefit. Served a minimum 10 months.
7 November, 2014 - Esra Ogru: The former Phosphagenics CEO was sentenced to 6 years for her part in a $6.1 million false invoices fraud, which delivered her $3.9 million.
7 November, 2014 - Dr Robert Gianello: The former Phosphagenics employee was sentenced to 4 years for his part in a $4.6 million false invoices fraud.
7 November, 2014 - Dr Woei-Jia Jiang: Sentenced to two years and 6 months for his part in the Phosphagenics fraud which involved issuing false invoices worth $4.3 million.
21 November, 2014 - Todd Michael King: the former Perth-based financial adviser was jailed for two years for stealing almost $1.5 million worth of Wesfarmers shares to meet margin calls on his mum's account. Fought the charges in a four week jury trial but found guilty.
28 November, 2014 - Dr Mervyn Jacobsen: the former Genetic Technologies CEO was sentenced to a total term of two years and eight months imprisonment after being convicted of manipulating the share price of GTG on the ASX. Served 12 months in jail before being released on a good behaviour bond for 20 months. Convicted on all 35 charges relating to his involvement in the manipulation of GTG shares over a six month period. Two of these charges involved Dr Jacobson conspiring with others to manipulate the GTG share price. Was an eight-week jury trial in the Supreme Court of Victoria where evidence was heard of Dr Jacobson's actions to manipulate the GTG share price on the ASX to help him minimise and manage margin calls on loans totalling $12 million. Several others were penalised for their role in the manipulation.
=====================================================================
ASIC jailings in 2015: 7
10 February, 2015 - Ms Melinda Scott: the former financial adviser today was jailed for six years and three months for defrauding more than 150 clients of over $5.9 million over a period of 20 years. Appeared before the NSW District Court and will serve a minimum of three years and ten months in jail before being eligible for parole. The non-parole period takes into account a discount for pleading guilty to the offences. In December 2013, Ms Scott pleaded guilty to three dishonest conduct charges and four charges relating to the making and use of false documents involving $5.9 million of her clients' money. Ms Scott's misconduct continued over 20 years and largely involved superannuation and annuities products that were invested for the longer term. Some clients were given regular payments reducing Ms Scott's fraudulent benefit to about $2.9 million. ANZ authorised her actions between 2004 and 2012 but then fully co-operated with ASIC's investigation. The majority of the rip-offs occurred before ANZ was involved but the bank ran a big remediation program which ASIC applauded. Almost $6 million was paid back to 140 ANZ clients.
17 March, 2015 - Lukas Kamay: the NAB employee, who was living in Clifton Hill at the time, was
sentenced to 7 years and 3 months for his part in Australia's biggest insider trading scandal which yielded $7 million in profits courtesy of leaks from his mate Christopher Hill who worked at the ABS. Was charged in the Victorian Supreme Court with insider trading and money laundering after the AFP-led Fraud and Anti-Corruption Centre, discovered an employee of the National Australia Bank was receiving sensitive information from an employee of the Australian Bureau of Statistics (ABS) and then using this information to enter into foreign exchange derivative products and profit from favourable movements in market prices.
17 March, 2015 - Christopher Russell Hill: The arrest and conviction of an ABS officer for an unauthorised disclosure of statistics was unprecedented in the ABS's 110 year history. The sentence of 3 years and 3 months resulted from charge of insider trading, money laundering and abuse of public office. His university mate and co-conspirator, Lukas Kamay, received a tougher sentence of 7 years and 3 months.
17 July, 2015 - Ali Hammoud: the director of ERB International was jailed for 2 years, with 12 months to serve, for dishonestly breaching his duties as a director and making false statements. In November 2014, the 56 year old pleaded guilty to one count of dishonestly using his position as a director by misappropriating more than $2.6 million from ERB shortly prior to the company being put into liquidation, and one count of making a false statement to obtain a financial advantage, following an ASIC investigation. In 2014 ASIC successfully took action against the joint liquidators of ERB before the Companies Auditors and Liquidators Disciplinary Board which is where the conduct of Mr Hammoud was uncovered. All creditors have been paid.
25 September, 2015 - Nigel Heath: sentenced to two years and three months imprisonment for market manipulation but only served nine months courtesy of a $10,000 good behaviour bond. He used CFDs to manipulate the share price of Petsec Energy by artificially increasing the price. Conducted similar matched trades in 3 other thinly traded resource stocks: Leyshon Resources, Malagasy Minerals and Orca Energy.
2 October 2015 - Gary Collyer Armstrong: the former Kleenmaid director was sentenced to 7 years jail for his role in the collapse of the national whitegoods distributor after pleading guilty to insolvent trading and fraudulently obtaining $13 million from Westpac. He will be eligible for parole on 2 February, 2018.
13 November 2015 - Steve Mavridis: the former chief executive of the S Central Group of companies was jailed for 4 year and 8 months following an ASIC investigation. The 43 year old from Craigieburn in Victoria has a non-parole period of 3 years. The sentencing of Mr Mavridis follows a guilty verdict by a jury in relation to 33 charges of obtaining financial advantage by deception and false accounting. Between January and September 2009, Mr Mavridis directed the financial controller of the group to submit duplicated and/or falsely inflated invoices to National Australia Bank Ltd under a debtor factoring agreement, which led to credit totalling approximately $4.8 million being advanced to companies within the S Central Group.
————————————————————————
ASIC jailings in 2016: 12
18 January, 2016 - Thanh Tu: the 38 year old Brisbane man was sentenced to nine-and-a-half years imprisonment in the Brisbane District Court after pleading guilty to 33 counts of fraud and 21 counts of fraudulent falsification of records and at that time, was remanded in custody. ASIC alleged that between September 2008 and September 2013, Mr Tu whilst an employee of Patersons Securities in Brisbane dishonestly induced 18 separate individual investors to invest approximately $9 million by misleading investors and by giving, to some investors, false Certificate of Investment in the fictitious Paterson Securities – API Protected Fund and fictitious Patersons Securities Capital Protected Fund. The defendant did not invest the money into secure investments as directed but instead, fraudulently redirected the funds, through a number of different accounts, to a personal trading account held by him with another organisation. The defendant then, for his own purposes, traded the money in risky investments and ultimately lost a total of $8.12 million. Only $959,000 was recovered.
11 March 2016 - Hui Xiao: Former Hanlong Mining managing director Hui Xiao was sentenced to a total of 8 years and 3 months imprisonment on insider trading charges. Had previously pleaded guilty to two ‘rolled up' charges of insider trading, and formally admitted a third 'rolled up' charge, involving a total of 102 illegal trades in financial products related to Sundance Resources and Bannerman Resources in July 2011, while he was the managing director of Hanlong Mining. Non-parole period of 5 years and 6 months and he was in custody since first arrested in Hong Kong in January 2014 before extradition. Taking into consideration time already served, Mr Xiao will not qualify for release until after 11 July 2019.
18 April 2016 - Stephen William Hill: former company director Steven William Hill was sentenced in the Sydney District Court to 2 years and 9 months imprisonment, with a minimum of 1 year and 9 months to be served before becoming eligible for parole. ASIC alleged that Hill Stephens & Associates and International Finance Consortium (Aust) Pty Ltd induced various investors to pay approximately $618,000 to acquire interests in a Queensland 'house and land' property development. He was found guilty of fraudulently misappropriating $281,000 of the invested funds, which were directed to company bank accounts to make payments to Mr Hill and other third parties.
3 June, 2016 - Michael Hull: The
Sydney man was sentenced to 17 months imprisonment in the NSW Supreme Court after pleading guilty to insider trading charges brought by ASIC. Served seven months until 2 January 2017 upon giving security by way of recognizance to be of good behaviour for 18 months from his release. He had previously pleaded guilty to trading in the shares of Mac Services Limited, Giralia Resources NL and Jabiru Metals Limited while in possession of inside information between 8 September 2010 and 9 February 2011. The inside information was allegedly conveyed to Mr Hull by a close friend who was employed in the investment banking department of a global financial services company which worked on major corporate transactions involving those companies.
24 June, 2016 - Oliver Curtis: Former banker, 30-year-old Oliver Curtis was sentenced to two years imprisonment after being found guilty by a Supreme Court jury of conspiring to commit insider trading with his former best friend, John Hartman. The Court ordered that Curtis be released after serving one year of imprisonment upon him entering into a recognisance to be of good behaviour for 12 months. Curtis used confidential information between May 1 2007, and June 30 2008 to trade on shifts in share prices—ultimately resulting in a total net profit of $1.43 million. The conspiracy involved an agreement between Curtis and Hartman, that Hartman would procure Curtis to trade in Contracts for Difference (‘CFDs'), when Hartman held inside information about the trading intentions of his employer Orion Asset Management Limited. It was alleged that on 45 occasions Curtis traded in CFDs after he received instructions from Hartman. The 45 sets of trades occurred at around the same time as Orion's trading in the underlying stock. In return for providing trading instructions, Curtis provided Hartman with a share of the profits in the form of cash and by using the funds to purchase items for Hartman. ASIC launched its investigation in 2009 and their conspiracy was exposed when Hartman confessed his crime to ASIC.
12 August, 2016 -
Bradley Young: a former director of one of the Kleenmaid group of companies who was sentenced to nine years imprisonment after being found guilty by a District Court jury of 18 offences arising out of the collapse of the national whitegoods distributor. Trial lasted 71 days and the jury found him guilty of fraudulently gaining a $13 million Westpac loan, criminal insolvent trading totalling $3.5 million relating to Westpac loans and 15 counts of criminal insolvent trading of debts totalling more than $750,000 that were incurred during the period October 2008 to April 2009.
25 August, 2016 -
Garry Matthews: former director of Carrington Carpet Services was sentenced to three years jail after earlier pleading guilty to dishonestly and recklessly using his position as a director to cause detriment to the company after authorising the withdrawal of $1.075 million in bank cheques for his personal use.
2 September, 2016 -
Garth Robertson: the former CEO of collapsed debenture issuer Wickham Securities was sentenced to five years' imprisonment after pleading guilty to various charges brought by ASIC, including fraud. The 50 year old Sunshine Coast man pleaded guilty to ten counts of dishonestly obtaining property totalling $761,504 from Wickham and nine counts of giving false information about Wickham to its trustee, Sandhurst Trustees.
13 September, 2016 -
Barry Patrick: sentenced to 6 years and 3 months imprisonment in the Victorian County Court after pleaded guilty to six charges following an ASIC investigation. Lived in Sunbury and was 73 at the time of sentencing. Will be eligible for parole after serving 3 years and 9 months. His crime was to nominate investors to be directors of a number of companies formed to purchase properties on the outskirts of Melbourne for development after they refinanced their homes or established SMSFs to invest in the developments. 14 punters put up $600,000 when Mr Patrick was not authorised to provide the financial advice.
10 November, 2016 -
Fred Hansen: Gold Coast man sentenced in the Southport District Court to 4 years imprisonment. ASIC alleged that between October 2008 and September 2010, he dishonestly used his position as director of Global Rule to incur an un-related personal debt in the amount of $8.42 million to be incurred by Global Rule. During the period, the defendant then used $5.72 million of Global Rule investors' funds to commence repaying the debt.
15 November, 2016 -
Darren Wise: Former Maroochydore financial adviser sentenced to 7 years for eligible for parole after 20 months. ASIC brought a range of changes related to his conduct as a financial adviser at Kawana Waters between 23 October 1997 and 10 March 2006.
* 1 December, 2016 -
Anthony Nicholls: (Check earlier sentence details) On 6 November 2015, Mr Nicholls was sentenced to four years and six months imprisonment to be released after serving three years after pleading guilty to three charges of making dishonest use of his position as a director (refer
15-329MR). On 30 November 2016, the Court of Appeal re-sentenced Mr Nicholls to three years and six months imprisonment, to be released after serving two years and six months.
The 10 longest sentences with everything above 5 years
12 August, 2016 -
Bradley Young: a former director of one of the Kleenmaid group of companies who was sentenced to nine years imprisonment after being found guilty by a District Court jury of 18 offences arising out of the collapse of the national whitegoods distributor. Trial lasted 71 days and the jury found him guilty of fraudulently gaining a $13 million Westpac loan, criminal insolvent trading totalling $3.5 million relating to Westpac loans and 15 counts of criminal insolvent trading of debts totalling more than $750,000 that were incurred during the period October 2008 to April 2009. Appealed all the to the High Court and still in jail now.
27 October 2004 - Donna Tung Sing Ho: 9 years with a non-parole period of 3
for nine charges of dishonestly using over $1.5 million of investors' money on the pretext of investing in various projects in mainland China through the Bo Long Group of Companies.
27 October, 2004 - Mark Sweeney: 8 and a half years for 10 charges of dishonestly using over $2.5 million of investors' money on the pretext of investing in various projects in mainland China through the Bo Long Group of Companies.
September 1992 - Robin Sarah Greenburg: a former MD of Perth-based Western Women Financial Services received 17 years on two counts of stealing, 45 counts of misusing her position as a director, one count of failing to supply records, one count of destroying records and one count of arson contrary to the WA Bushfires Act.
22 July 2010 -
Mr Christopher Koch: Point Cook resident in Victoria who was sentenced in the Melbourne County Court to 13 years and 2 months jail on charges brought by ASIC. Between 1996 and 1999, he promoted a fictitious, international, high-yield investment program where investors were told they would receive returns of between 50 and 150 per cent in periods as short as 90 days. Mr Koch received $1.742 million from 11 victims and is required to serve a minimum sentence of ten years before release.
19 October 2009 - Mr Brett Best: Brisbane man was sentenced to 13 years imprisonment for various charges related to operating an unregistered managed investment scheme whilst a director of Arafura Equities. He pleaded guilty to seven charges of dishonestly gaining a financial advantage for himself and his company, and one charge of operating an unregistered managed investment scheme. Paroled after 4 years and 4 months.
24 June 1993 - David John Gibson: a former Melbourne investment adviser received 12 years on 51 charges of deception, forgery and making a false document involving $7 million.
11 September 2000 - George Balos: NSW District Court gave him 11 years on 46 fraud charges relating to $2.2 million he raised through an illegal investment scheme.
16 November 2001 - Kerry John Burked: 10 years jail, with a non-parole period of 7 years after pleading guilty to 50 charges relating to the misuse of more than $5.4 million of client funds.
15 August 2005 - Elizabeth Heather Parry: Cairns accountant who operated Parry & More Accountants and was jailed for ten years after pleaded guilty to fraud charges.
February 10, 2017 - Andrew John Sigalla: The former TZ Ltd director was sentenced to ten years imprisonment, with a minimum of six years to serve, having been found guilty of 24 counts of dishonest conduct, following a jury trial in the Supreme Court of New South Wales. He used his position as a director dishonestly to gain financial advantage by causing $8.6 million in company funds to be transferred to either himself, his related entities or others.
18 January, 2016 - Thanh Tu: the 38 year old Brisbane man was sentenced to nine-and-a-half years imprisonment in the Brisbane District Court after pleading guilty to 33 counts of fraud and 21 counts of fraudulent falsification of records and at that time, was remanded in custody. ASIC alleged that between September 2008 and September 2013, Mr Tu whilst an employee of Patersons Securities in Brisbane dishonestly induced 18 separate individual investors to invest approximately $9 million by misleading investors and by giving, to some investors, false Certificate of Investment in the fictitious Paterson Securities – API Protected Fund and fictitious Patersons Securities Capital Protected Fund. The defendant did not invest the money into secure investments as directed but instead, fraudulently redirected the funds, through a number of different accounts, to a personal trading account held by him with another organisation. The defendant then, for his own purposes, traded the money in risky investments and ultimately lost a total of $8.12 million. Only $959,000 was recovered.
11 December 2000 - Donald Clarke: 9 years for 14 charges of misappropriating funds from investors for debt factoring for other purposes.
15 August, 2016 -
Bradley Young: a former director of one of the Kleenmaid group of companies who was sentenced to nine years imprisonment after being found guilty by a District Court jury of 18 offences arising out of the collapse of the national whitegoods distributor. Trial lasted 71 days and the jury found him guilty of fraudulently gaining a $13 million Westpac loan, criminal insolvent trading totalling $3.5 million relating to Westpac loans and 15 counts of criminal insolvent trading of debts totalling more than $750,000 that were incurred during the period October 2008 to April 2009.
30 January 2004 - Hamish Boyd Mclachlan: 9 years jail after being found guilty on 55 charges involving exchange-traded options being transferred from his personal account to the accounts of clients.
27 October 2004 - Donna Tung Sing Ho: 9 years with a non-parole period of 3
for nine charges of dishonestly using over $1.5 million of investors' money on the pretext of investing in various projects in mainland China through the Bo Long Group of Companies.
27 October, 2004 - Mark Sweeney: 8 and a half years for 10 charges of dishonestly using over $2.5 million of investors' money on the pretext of investing in various projects in mainland China through the Bo Long Group of Companies.
17 December 2010 - Mr Kovelan Bangaru: the former Streetwise director was sentenced to 8 years and 6 months imprisonment and will not be eligible for parole until he has served 6 years and 4 months of his sentence. Mr Bangaru fraudulently obtained over $19.8 million from a number of financial institutions by providing false financial statements in support of various loan applications from companies of which he was a director.
27 October 2004 - Mark Andrew Sweeney: Eight-and-a-half years' jail for 10 charges of dishonestly obtaining over $2.5 million of investors' money on the pretext of investing in various projects in mainland China through the Bo Long Group of Companies.
3 November 2006 - Paul Drakos: eight-and-a-half year sentence after pleaded guilty to eight counts of dishonestly.
11 March 2016 - Hui Xiao: Former Hanlong Mining managing director Hui Xiao was sentenced to a total of 8 years and 3 months imprisonment on insider trading charges. Had previously pleaded guilty to two ‘rolled up' charges of insider trading, and formally admitted a third 'rolled up' charge, involving a total of 102 illegal trades in financial products related to Sundance Resources and Bannerman Resources in July 2011, while he was the managing director of Hanlong Mining. Non-parole period of 5 years and 6 months and he was in custody since first arrested in Hong Kong in January 2014 before extradition. Taking into consideration time already served, Mr Xiao will not qualify for release until after 11 July 2019.
2 December 1997 - Douglas Edward Reid: the former deputy chairman of failed airline Southern Cross Holdings got 8 years for false accounting, theft, obtaining property by deception, making false documents, falsifying the books of the company and failing to act honestly as a director and furnishing false information.
# (check date) 2 November 2007- Piet Cornelius Walters: eight years jail after pleading guilty on 30 October 2007 to 14 fraud charges laid by ASIC and an additional charge of dishonest inducement. The charges, involving over $992,000, relate to offences surrounding the provision of financial services to 12 clients of Drury Management Pty Ltd, a Cairns-based accounting practice of which Mr Walters was a director.
February 1991 - Kin Pin Yiu: 8 years for conspiracy to defraud investors of $6.4 million.
February 1991 - Cho Hong Yam: 8 years for conspiracy to defraud investors of $6.4 million.
15 March 2002 - Raymond Strano: sentenced to 8 years, for his part in the British Marine Bank scam perpetrated by George Balos. He was convicted on 17 charges of fraud involving approximately $973,024.
May 1995 - David Callaghan: Melbourne company directors received 8 years for stealing more than $9 million from MMI Insurance and overseas investors.
23 March 2005 - John Michael Higgins: 8 years jail for 15 counts of fraudulently misappropriating client funds for his own use and three counts of dishonest conduct in relation to a financial product or financial service, defrauded nine clients of his financial planning business Macquarie Towns Financial Services Pty Ltd.
19 November 1998 - Robin Andrew Buckley: 8 years for financial advantage by deception and the making of offers for subscription of a prescribed interest.
28 October 2005 - Craig John Mckim: sentenced to eight years jail with a non-parole period of five years after pleaded guilty to fraudulently taking funds totalling $2.19 million for his own use.
December 11 2008 -
Mr Darryl John Loane, former Gold Coast property developer who was sentenced in the Southport District Court to eight years imprisonment for dishonestly obtaining a loan of $4.7 million from Lawloan Mortgages Pty Ltd in May 1999 for the development of Cove Resort Pty Ltd in the Whitsundays. A minimum of 15 months.
17 March, 2015 - Lukas Kamay: the NAB employee, who was living in Clifton Hill at the time, was
sentenced to 7 years and 3 months for his part in Australia's biggest insider trading scandal which yielded $7 million in profits courtesy of leaks from his mate Christopher Hill who worked at the ABS. Was charged in the Victorian Supreme Court with insider trading and money laundering after the AFP-led Fraud and Anti-Corruption Centre, discovered an employee of the National Australia Bank was receiving sensitive information from an employee of the Australian Bureau of Statistics (ABS) and then using this information to enter into foreign exchange derivative products and profit from favourable movements in market prices.
16 July 2001 - Andrew Kenneth Nuske: the former director of Mancross Pty Ltd got a steep
7 years in jail. He pleaded guilty to 28 charges of obtaining $647,000 by misappropriation, false pretences and forgery from Andrews Corporation PL and a number of mortgage applicants.
19 September 2008 -
Mr Geogory Nathan: received 7 years after
facing five counts of dishonest conduct under the Corporations Act and a further four counts of obtaining money making false and misleading statements while managing a fund.
9 December 2004 - Robert Geoffrey Walker: Seven years imprisonment for 21 counts of deception under the Crimes Act arising from false statements made to investors about returns.
27 April 2010 - Mr Oliver Banovec: Bellevue Hill resident who was sentenced to seven years jail, with a non-parole period of four years nine months. He is a former director of 3 companies now in liquidation and was found guilty of 5 fraud charges and one perjury charge following a four week trial.
15 November, 2016 -
Darren Wise: Former Maroochydore financial adviser sentenced to 7 years for eligible for parole after 20 months. ASIC brought a range of changes related to his conduct as a financial adviser at Kawana Waters between 23 October 1997 and 10 March 2006.
4 February 2000 - Robert James MacLeod: director of Trainex Pty Ltd and Starlight Film Studios Ltd and got 7 years for offering prescribed interest without a prospectus in tax effective film schemes and five charges relating to fraud of $1.3 million.
26 April 2000 - Andrew Michael Szumylo: 7 years for 58 criminal charges relating to his conduct as the secretary of an Adelaide company whose name has been suppressed.
4 October 2002 - Anthony Eustace Senese: the former director of EC Consolidated Capital Ltd got
7 years for 2 counts of theft totalling in excess of $5.4 million and 25 counts of false accounting.
16 November 2001 - Leonard Jon Smith: 7 years jail after being found guilty on 22 charges involving intentional fraud of $870,000.
2 October 2015 - Gary Collyer Armstrong: the former Kleenmaid director was sentenced to 7 years jail for his role in the collapse of the national whitegoods distributor after pleading guilty to insolvent trading and fraudulently obtaining $13 million from Westpac. He will be eligible for parole on 2 February, 2018.
26 May 2004 - Mervyn William Mitchell: 7 years prison with a non parole of 4 years after pleaded guilty to 110 counts of fraud. ASIC alleged that between July 1995 and May 2003, Mr Mitchell dishonestly obtained $4,571,813 from the superannuation and investment funds of 59 clients, which he used for his own purposes.
17 April, 2014 - Russell Johnson: the former sole director of Sonray Capital Markets was sentenced to six-and-a-half years in jail in the Victorian Supreme Court after the company collapsed in 2010 owing more than $46 million. The charges included false accounting, theft and deception and conspiracy to steal. Will serve a minimum of three-and-a-half years. Sonray was established in 2003 and held an AFSL. It was one of the first brokers in Australia that provided advice on CFDs.
13 September, 2016 -
Barry Patrick: sentenced to 6 years and 3 months imprisonment in the Victorian County Court after pleaded guilty to six charges following an ASIC investigation. Lived in Sunbury and was 73 at the time of sentencing. Will be eligible for parole after serving 3 years and 9 months. His crime was to nominate investors to be directors of a number of companies formed to purchase properties on the outskirts of Melbourne for development after they refinanced their homes or established SMSFs to invest in the developments. 14 punters put up $600,000 when Mr Patrick was not authorised to provide the financial advice.
10 February, 2015 - Ms Melinda Scott: the former financial adviser today was jailed for six years and three months for defrauding more than 150 clients of over $5.9 million over a period of 20 years. Appeared before the NSW District Court and will serve a minimum of three years and ten months in jail before being eligible for parole. The non-parole period takes into account a discount for pleading guilty to the offences. In December 2013, Ms Scott pleaded guilty to three dishonest conduct charges and four charges relating to the making and use of false documents involving $5.9 million of her clients' money. Ms Scott's misconduct continued over 20 years and largely involved superannuation and annuities products that were invested for the longer term. Some clients were given regular payments reducing Ms Scott's fraudulent benefit to about $2.9 million. ANZ authorised her actions between 2004 and 2012 but then fully co-operated with ASIC's investigation. The majority of the rip-offs occurred before ANZ was involved but the bank ran a big remediation program which ASIC applauded. Almost $6 million was paid back to 140 ANZ clients.
26 June 2002 - Alan Hodgson: the former CFO of Harris Scarfe got 6 years jail for 32 charges.
7 November, 2014 - Esra Ogru: The former Phosphagenics CEO was sentenced to 6 years for her part in a $6.1 million false invoices fraud, which delivered her $3.9 million.
18 June 1999 - Stuart John Forsythe: Newcastle investment adviser got 6 years for misappropriation and forgery charges involving $1.4 million with elderly clients over 7 years.
24 July 2002 - Michael Frank Simich: 6 years jail. Mr Simich had his sentenced reduced for agreeing to past and future cooperation. He pleaded guilty to 50 charges of fraudulently obtaining funds from investors and 2 charges of stealing funds from investors.
12 August 2002 - Joachim Prehn: the former Burnie-based financial adviser got
6 years jail for 28 counts of fraud.
17 December 2009 - Mr Spartaco Fasciale: Moonee Ponds man who was sentenced in the Melbourne County Court to six years imprisonment and will serve a minimum of four and a half years. A former director of Fasciale Futures Trading, which was typical of a ponzi scheme, was charged with obtaining a financial advantage by deception, 10 counts of dishonestly obtaining property by deception and 14 counts of breaching directors' duties.
September 1993 - Gavin John Anderson: Melbourne investment adviser
received 6 years on 6 counts of theft from a quadriplegic he was trusted to manage money for.
19 December, 2011 -
Stuart Ariff, the notorious liquidator was jailed for 6 years after being convicted on 19 criminal charges broughbt by ASIC related to his performance as liquidator of HR Cook Investments where he defrauded creditors by transfering $1.18 million to himself.
31 January 1997 - Terry John Swanton: the former Adelaide financial controller got 6 years on two separate sets of charges brought by ASIC and the South Australian Police.
18 December 2002 - James Gordon Kearns: 6 years for on nine counts of fraud.
17 December 2008 -
Mr Spartaco Fasciale was convicted by a jury on four counts of obtaining a financial advantage by deception, 10 counts of dishonestly obtaining property by deception and 14 counts of breaching directors' duties following a two week trial. He was sentenced in the Melbourne County Court to six years with a minimum of four and a half.
14 August, 2014 - Mark Ronald Letten: the well-known South Yarra accountant was sentenced in the Melbourne County Court to five years and eight months imprisonment on charges brought by ASIC. He pleaded guilty to 27 charges under the Corporations Act, including operating 21 unregistered managed investment schemes relating to property development. The 60 year old was the former director of LGH Holdings Ltd (in liquidation) and the principal of the accounting firm Lettens Pty Ltd, formerly The Letten Group, had also admitted to dishonestly using his position as a director involving the use of investor funds more than $533,000 and of carrying on a financial services business without an AFSL. He must serve a minimum 3 years. Between 1998 and 2010, more than 1000 investors, the majority of whom were sourced through Mr Letten's accountancy practice, placed more than $100 million in investment property schemes in Australia and New Zealand. Mr Letten managed and promoted the projects through a number of companies, including LGH Holdings Ltd. ASIC wound them up and investors lost at least $67 million in the schemes.
8 February 2007 - Shane William Hoy: jailed for five and a half years by the Brisbane District Court following an investigation by ASIC into his dishonest use of hundreds of thousands of dollars. Five and a half years in prison for each of the four fraud charges, six months imprisonment for failure to hold an AFSL and six months imprisonment on each of the four counts for providing false information to ASIC, all to be served concurrently.
4 June 2010 - Mr Kevin Pollock: Perth man sentenced to five years and four months jail, with a non-parole period of three years and four months. The former director of Perth-based property developer, The Pollock Group, was convicted on nine charges in relation to fraud involving over $3 million.
20 August, 2014 - Carlo Cini: sentenced to five years and three months for his role as a director of Williamstown-based company, C Cini & Company Pty Ltd. Minimum sentence from the County Court of Victoria was three years and three months after he pleaded guilty to a $1 million fraud. ASIC's investigation found he raised more than $1 million from seven investors based on representations that the money would be used for property development, when the majority of the funds were subsequently used for other purposes, including the lease of a Ferrari and several Mercedes and the deposit to purchase a family home. Also issued $700,000 in dud cheques to the investors.
5 May 2000 - William Richard Tooth: 5.2 years for 8 counts of financial advantage by deception.
* 23 June 2006 - Bradley Cooper: (what was full sentence?) convicted on six charges of corruptly giving a series of cash benefits to influence an agent of HIH Insurance Limited and on seven charges of publishing false or misleading statements with intent to obtain a financial advantage and was sentenced to serve a minimum of five years' jail.
———————————————————————-
ASIC jailings in 2017
January 30, 2017 - Benjamin David Kirkpatrick: The Waratah Resources executive chairman was convicted in the Sydney District Court after pleading guilty to a charge brought by ASIC of aiding and abetting Waratah Resources to breach its continuous disclosure obligations. Mr Kirkpatrick has been sentenced to 12 months imprisonment, to be served as a 12-month Intensive Correction Order. The conduct relates to a company announcement on 14 October 2013 asserting that Waratah Resources had established a $100 million trade finance facility with the Bank of China when no such facility had been established or agreed upon. Between 14 and 25 October 2013, Mr Kirkpatrick failed to correct this announcement, thereby causing Waratah Resources to breach its continuous disclosure obligations.
February 2, 2017 -
David St Pierre: The former
Westpac Home Finance Manager was sentenced to 3 years imprisonment after pleading
guilty to dishonest use of his position
February 10, 2017 - Andrew John Sigalla: The former TZ Ltd director was sentenced to ten years imprisonment, with a minimum of six years to serve, having been found guilty of 24 counts of dishonest conduct, following a jury trial in the Supreme Court of New South Wales. He used his position as a director dishonestly to gain financial advantage by causing $8.6 million in company funds to be transferred to either himself, his related entities or others.
March 3, 2017 - Mr Cymon Fontaine: sentenced to four years' imprisonment in the Southport District Court for seven charges of fraud after pleading guilty to defrauding six clients for a total of $105,910. Between 28 June 2011 and 1 July 2013, Mr Fontaine was an authorised representative and Corporate Upgrades Consultant for Wyndham Vacation Resorts South Pacific Limited (Wyndham), a financial services company selling time share interests in resorts and hotels.
April 28, 2017 - Robert Noske: Former
Perth managing director sentenced to 18 months' jail for insider trading.
———————————————————————
ASIC jailings in 2018
ASIC jailings in 2019
ASIC jailings in 2020
ASIC jailings in 2021
December 6, 2021: Matthew Rixon: The banned
NSW builder was sentenced for 5 months of detention for making false and misleading statements to ASIC. Will be released on September 8, 2022.
December 3, 2021: Richard Ludwig: Former
telecommunications director sentenced to five years imprisonment for breaching
directors' duties and dealing with proceeds of crime. Non-parole period of 20 months.
November 24, 2021: Ahmed Saad: Former
Victorian financial adviser sentenced to 9 months jail for obtaining financial advantage
by deception by providing multiple financial planning clients illegal early access to their superannuation.
October 8, 2020: Anthony Dick: Former
Townsville financial adviser sentenced to eight years' imprisonment with a minimum of 2 years and 8 months. He helped himself to $1.1 million from the superannuation and savings of his clients.
2022
2023
April 25, 2023: Brett Gordon: Former Sunshine Coast financial adviser, Brett Gordon has appeared before the Maroochydore District Court and entered pleas of guilty to nine counts of fraud totalling $652,500. Mr Gordon was sentenced to six years imprisonment with eligibility for parole after one and a half years.
December 21, 2023: Mudasir Mohammed Naseeruddin was sentenced to a total prison sentence of 4 years and 4 months for dishonest conduct and other charges. He will serve a non-parole period of 2 years and 9 months.The sentence was handed down after Mr Naseeruddin pleaded guilty to two charges of dishonest conduct in the course of carrying on a financial services business contrary to subsections 1041G(1) and 1311(1) of the Corporations Act and two charges of failing to exercise powers and discharge duties in good faith in the best interests of a corporation contrary to subsection 184(1) of the Corporations Act. Mr Naseeruddin encouraged investors to rollover their superannuation monies into newly created self-managed superannuation funds (SMSF) and to lend those funds to his two companies, Secure Investments Pty Ltd and Aquila Group Pty Ltd. Mr Naseeruddin was a director of both companies. Between 13 May 2015 and 6 January 2020, Mr Naseeruddin dishonestly obtained more than $520,000 from six investors, including three First Nations investors from rural New South Wales. Mr Naseeruddin told the victims that the funds would be invested in property developments. However, only a small portion of their funds were invested this way.
2024
February 2, 2024: William O'Dwyer: the former boss of developer Ralan Group was sentenced to immediate imprisonment after pleading guilty to six offences of obtaining a financial advantage by deception contrary to section 192E of the
Crimes Act 1900 (NSW). On 2 February 2024, the District Court of NSW sentenced Mr O'Dwyer to four years imprisonment with a non-parole period of two years and four months after he falsified records to draw down on finance facilities totalling $251m.
March 19, 2024: Jane Flegg: the Former Continental Coal Company secretary was sentenced to 3 years, 6 months imprisonment with a non-parole period of 21 months following a hearing in the Supreme Court of Western Australia on the 15 March 2024. Ms Flegg was also sentenced to a further 8 months imprisonment for giving false information to the ASX, to commence at the expiration of her non-parole period. Ms Flegg must serve 4 months of this sentence prior to being released upon her entering into a recognisance in the sum of $1,000. The sentence was handed down after Ms Flegg pleaded guilty on 17 January 2024 to: one count of making available false or misleading information to the ASX, where Continental Coal failed to disclose its only income-generating asset had gone into administration and another statement that said assets had been sold when they had not, contrary to subsections 1308(2), 1309(1)(c) and 1311(1) of the
Corporations Act 2001 (Cth), one count of stealing approximately $2.2 million of applicant funds from a Citation bank account, contrary to section 378 of the Criminal Code (WA).
March 27, 2024: Cameron Waugh, a former corporate adviser in Perth, was been sentenced to two years imprisonment from 25 March 2024, with release after nine months, upon entry into a recognisance to be of good behaviour for 15 months. At a Supreme Court of Western Australia hearing on 26 March 2024, Mr Waugh was sentenced for insider trading offences, contrary to s1043A(1) of the
Corporations Act 2001, in relation to his trading in Genesis Minerals Limited shares in September 2021.
May 27, 2024: Daniel Farook Ali: the former director of DanFX Trade Pty Ltd, has been sentenced in the Brisbane District Court to seven years and three months imprisonment for fraud, following an ASIC investigation. On 23 May 2024, Mr Ali pleaded guilty to five counts of fraud totalling $771,303 relating to his misappropriation of funds invested for trading and investment purposes. Mr Ali was the director of DanFX Trade Pty Ltd, which operated an unlicensed foreign exchange trading business. Between May 2016 and November 2017, Mr Ali dishonestly used funds provided by investors to purchase a BMW motor vehicle for a personal associate and real estate for himself and his wife, pay personal expenses, and to pay returns to other investors.
July 5, 2024: John Bigatton: of Carss Park, New South Wales, has pleaded guilty to one criminal charge relating to his role as national promoter of BitConnect.Mr Bigatton appeared before the Sydney District Court on 16 May 2024 and pleaded guilty to providing unlicensed financial services on behalf of another person contrary to section 911B(1) of the Corporations Act. BitConnect was a financial service business and an online cryptocurrency platform offering investment opportunities through its website, including a financial product known as the Lending Platform. The Lending Platform was promoted as an investment opportunity and in order to participate, investors were required to acquire BitConnect coin (BCC), a cryptocurrency token offered by BitConnect through its website.
Copyright © 2024 The Mayne Report. All rights reserved