Commonwealth Director of Public Prosecutions

Jason GILBY

Year: 
2014-2015
Category: 
Fraud
Location: 
Western Australia

Perth accountancy firm employee, 34-year-old Jason Gilby was sentenced to four years and six months imprisonment for lodging false tax documents through his employer’s Australian Taxation Office (ATO) client portal.

Gilby was a client services team leader for a leading accountancy firm based in Perth. Between February 2013 and June 2014, Gilby set up a complicated regime using five different bank accounts and five fictional entities to access the dormant balances of 20 different entities, mostly the firm’s clients and ex-clients. Gilby lodged false Business Activity Statements (BAS) and redirected the refunds into his own bank accounts.

Gilby obtained $339,856 and used the money to fund a lavish lifestyle—gambling, cocaine and high-end retail spending sprees.

Through his employment, Gilby was in a position of trust—not only with respect to his employer but with respect to their clients and the ATO and ultimately breaching this position.

In the course of Gilby’s employment he had access to the ATO internet portal with the ability to electronically change relevant details for the firm’s clients (tax payers) such as postal addresses and banking details. In due course the ATO transferred the amounts to the five fictional entities.

Jason Gilby was convicted and sentenced in relation to:

 

  • 46 counts of dishonestly obtaining a financial advantage contrary to section .134.2(1).
  • 1 count of dishonestly influencing a public official contrary to section 135.1(7). This charge came about as the ATO sought to audit one of Gilby’s false BAS and he provided false documents in order to avoid detection.

His Honour split the offending by amount defrauded and gave 3 years for the biggest amount ($50,000) and then variously 2 years, 18 months and 12 months. His Honour gave 18 months for the s.135.1(7) charge. The 3 years and 18 months to be served concurrently, the rest were cumulative.

 

 

Total effective sentence is four years and six months imprisonment with a non-parole period of three years.