ASIC says following an a former Westpac Home Finance Manager, has been sentenced in the Southport District Court to 3 years imprisonment, to be released after 6 months on a recognisance order.
On 2 November 2016, he pleaded guilty to three counts of dishonest use of his position, with the intention of directly or indirectly gaining an advantage for himself or others.
ASIC alleged that between July 2008 and June 2010, he dishonestly used his position and submitted loan applications for approval when he knew they contained false information and false documents.
He obtained over $2.5 million for Westpac customers, that they invested with a now failed Tasmanian property development scheme, operated by Capital Growth International Club Pty Ltd (CGIC) and All About Property Developments Pty Ltd (AAPD) (refer: 15-137MR).
In delivering the sentence, Judge Kent QC remarked that his behaviour was described accurately in his opinion by the Crown as calculated, elaborate, determined and not a fleeting mistake.
ASIC Commissioner Peter Kell said: “his actions betrayed the trust of his clients and caused them significant financial harm. This sentence showed such behaviour will not be tolerated.’
The matter was prosecuted by the Commonwealth Director of Public Prosecutions.
His recognisance is in the sum of $1000, conditioned that he be of good behaviour for a period of 3 years.
Background
ASIC’s investigation found that the customers to whom the loan applications related were elderly and vulnerable and with limited financial means, yet in spite of this, he encouraged them to borrow against their homes, some of which were unencumbered, to invest with CGIC and AAPD, which promised returns of 12–20% per annum.
The customers received monthly interest payments from CGIC and AAPD after they invested, however the interest payments stopped shortly before a liquidator was appointed on 28 February 2011. This left customers without sufficient income with which to repay their loans to Westpac.
Westpac has compensated customers who obtained loans from Westpac through him in relation to amounts they invested in CGIC. Westpac has also compensated investors who did not borrow funds from Westpac but claimed to have had some direct contact with him before making their investment in CGIC. ASIC acknowledges Westpac’s commitment to achieving a resolution for the benefit of CGIC investors. (refer: 14-264MR).
In March 2014, ASIC permanently banned him from engaging in credit activities and providing financial services (refer: 14-043MR).
ASIC’S investigations into CGIC, AAPD and its officers are ongoing.
