Case Reports
2024
A former protective services officer, Daniel Robert David Jones, made false declarations in relation to an application for a security clearance required to work for the Australian Federal Police. The Office of the Director of Public Prosecutions (Cth) (CDPP) prosecuted Mr Jones and on 15 July 2024 he pleaded guilty to and was sentenced in the ACT Magistrates Court.
On 2 September 2024, Tony Iervasi was sentenced in the New South Wales Supreme Court to 11 years’ imprisonment with a non-parole period of seven years. This followed a plea of guilty to four counts of engaging in dishonest conduct in relation to a financial product or financial service and one count of carrying on an unlicensed financial services business, contrary to ss 1041G and 911A of the Corporations Act 2001 (Cth) (Corporations Act) respectively.
On 3 November 2021, Ms Tahra Wyntjes registered herself as a sole trader for a business purportedly providing cleaning services. Between 17 November 2021 and 11 March 2022, she lodged 27 false Business Activity Statements (BAS) with the ATO, comprising eight original BAS and 19 amended BAS lodgements. In the BAS, she overstated the total sales, GST on sales and GST on purchases purportedly made for her cleaning business. Ms Wyntjes did not carry on any business activity and had no business income or expenses throughout the period of offending.
In 2019, two Sydney skip bin and waste processing businesses, Bingo Industries and Aussie Skips Bin Services and Aussie Skips Recycling (Aussie Skips) and their respective CEOs, Daniel Tartak and Emmanuel Roussakis, engaged in cartel conduct by agreeing to set higher prices for their building and demolition waste services.
The Queensland Court of Appeal has dismissed an appeal by Dr Roger Munro against the sentence imposed on him following conviction for three counts of fraud.
Shaun Both of South Australia lodged 9 quarterly Business Activity Statements with the ATO. As a result of false statements in the BAS, in circumstances where the café had ceased trading, the offender dishonestly obtained $1,001,004 in GST.
2023
Linden Phillips submitted fraudulent GST claims, was audited, investigated, charged and pleaded guilty to two charges of dishonestly obtaining a financial advantage from the Commonwealth contrary to s134.2(1) of the Criminal Code, one charge of attempting to dishonestly obtain a financial advantage from the Commonwealth contrary to sections 11.1 and 134.2(1) of the Criminal Code and one charge of dealing in proceeds of crime worth $100,000 or more contrary to s400.4(1) of the Criminal Code.
The story of one of Australia’s largest and most complex criminal tax fraud enterprises is almost complete after years of the conspiracies operating, blackmail by co-offenders, a subsequent AFP/ATO investigation including surveillance and finally numerous prosecutions by the CDPP.