Year: 2012

It could take another five months for a forensic accountant employed by Queensland Police to analyse financial records belonging to accused murderer Gerard Baden-Clay, prosecutors say.

Mr Baden-Clay is accused of killing his wife and the mother of his three daughters, Allison, in their Brookfield home in April this year.

I can’t believe for any minute that it would take five months for an investigative accountant to look into the affairs of one defendant

Lawyers prosecuting the real estate agent briefly faced Brisbane Magistrates Court today to arrange the handing over of a “voluminous” brief of evidence to Mr Baden-Clay’s defence team.

Mr Baden-Clay was due to face the court via video-link from prison, but was instead represented by his solicitor Darren Mahony.

Prosector Danny Boyle told the court the Office of the Director of Public Prosecutions was ready to hand over 330 witness statements already contained in the brief of evidence, but said it could take up to five months for a forensic accountant with Queensland Police to provide her report on Mr Baden-Clay’s financial affairs.

Mr Bolye said police were also in the process of obtaining a further 50 to 100 witness statements.

Mr Boyle said police were also waiting on computer and phone examinations, as well as results from the post-mortem.

“The post-mortem tests are outstanding … the forensics pathologist was away last week and this week until Wednesday” he said.

Magistrate Chris Callaghan said he was “flabbergasted” to hear of the lengthy delay.

“I can’t believe for any minute that it would take five months for an investigative accountant to look into the affairs of one defendant” he said.

“The defence can’t be asked to make any decisions without the full brief.”

Mr Boyle argued the accountant’s statement was a “discreet matter” compared to other matters in the brief.

However, Mr Mahony also voiced concern at the delay.

“I don’t want there to be any delay in provision of other material, because we’re waiting on the statement of one accountant” he said.

Mr Callaghan ordered that the brief of evidence, excluding the statement from the forensic accountant, be handed to Mr Baden-Clay’s legal team by August 20.

He ordered that Mr Baden-Clay face court again on September 3.

Mrs Baden-Clay’s body was found on a Brisbane creek bank 10 days after her husband reported her missing on April 20.

Earlier this month, Mr Baden-Clay was arrested and charged his 43-year-old wife’s murder and interfering with her body by moving her to the location where she was found.

Court documents have previously revealed that Mr Baden-Clay’s debts totalled about $1 million. It is alleged he stood to gain about $960,000 from his wife’s life insurance and superannuation policies.

He was refused bail and remanded in custody.

(Source: Marissa Calligeros, Brisbane Times, July 9, 2012)

Further Information – Forensic Accountant

If you would like further information about using our forensic accounting services for a financial investigation or other expert witness matter, then please contact us for an obligation free discussion.

We provide services to corporations, law firms and individuals in Sydney, Brisbane, Melbourne, Adelaide, Perth and across Australia.

The drawn-out pastoral compulsory acquisition process for the Cultana Military Base expansion has been a bureaucratic mess and the federal government has been “disrespectful” to families who have been on the land for generations, according to pastoralist Bruce Nutt.

It has taken seven years to get to pre-acquisition point, in which time involvement in the Afghanistan conflict – a key reason cited by the Australian Defence Force for expansion in the area – is being scaled back.

Despite the government’s commitment to have troops exit Afghanistan at the end of 2014, an ADF spokeswoman said a “reduction in offshore operational commitments will not result in reduced training activity“.

She said while the expanded base was primarily required for the defence force, it would also provide training options for “selected coalition partners”.

About half of Pandurra Station, Port Augusta – owned by Mr Nutt – will be ‘swallowed’ in the $59.5 million expansion.

He is fighting against the acquisition of the lease, which has been in his family since 1895, and will affect the aspirations of his grandchildren.

“I still do not believe it is in the right place and their environmental assessments have been completely off the mark” he said.

“And I worry that they are just going to be hiring out this area to foreign troops, such as the Americans, as a money-making operation, which was not stated as the expanded base’s intended use.”

He said an influx of Australian and foreign troops into the small, local communities could have negative social impacts.

Mr Nutt is also concerned that the expanded area – the existing base has severely degraded the fragile environment – will still not be big enough to offset the environmental impact, and the “net will be cast wider” next time, threatening the rest of his property.

He feels frustrated, overpowered, and devastated.

“It is a horrific situation to be in” Mr Nutt said.

“Our past, present and future are being taken away from us.  My priority is to keep my land and we will continue to fight this process.”

The four pastoral families embroiled in the army training area expansion are getting closer to holding direct negotiations with the government about the terms of the compulsory acquisitions.

The pre-acquisition process has finally started with the government flagging its intention, in extensive paid local newspaper advertisements, to acquire the pastoral properties.

(Source:  Stock Journal, June 28 issue, 2012, Louise McBride)

About Rushmore Forensic – Compulsory Acquisition Valuations

Andrew Firth is a director of Rushmore Group. He is a forensic accountant and business valuer. Andrew has conducted business valuations across a wide range of businesses and for different court jurisdictions. This includes compulsory acquisition valuations.

He is a member of the Institute of Chartered Accountants, and the ICAA Special Interest Group in Business Valuations. He has appeared as an Expert Witness in numerous jurisdictions.

 

A former US Guantanamo Bay guard will travel to Sydney this month to give evidence in David Hicks’s legal battle with the Director of Public Prosecutions.

The DPP has brought a case against Mr Hicks, arguing the profits of his memoir, Guantanamo: My Journey, are the proceeds of crime.

Brandon Neely, a guard at Guantanamo at the time of Mr Hicks’s detention, tweeted that he would give evidence in the case when it comes before the NSW Supreme Court on July 30.

Mr Neely has spoken publicly of the human rights abuses at Guantanamo, and is expected to testify under oath that any evidence obtained during the time Mr Hicks was in Guantanamo was unreliable due to his mistreatment there.

Just after midnight yesterday, Mr Neely tweeted about his involvement with the case.

“Going to OZ this month to testify under oath about #GTMO & David Hicks treatment” the tweet said.

A later tweet implied he would testify in favour of Mr Hicks.

“July 30th #Sydney Aus at the Supreme Court of NSW come out & support David Hicks as the Govt attempts 2 take his profits from his book #GTMO” Mr Neely tweeted.

If the court finds the evidence against Mr Hicks was obtained illegally or improperly, the judge may choose to exclude it from the case.

The DPP decided to pursue the case after receiving an initial brief from the Australian Federal Police. A spokesperson for the acting federal Attorney-General, Jason Clare, said that there was no governmental involvement in the case.

“All prosecutions, including this one, are decisions for the independent Director of Public Prosecutions” the spokesperson said.

(Source: “Hicks guard evidence”, James O’Doherty , SMH, July 8, 2012)

Further Information on Proceeds of Crime

If you would like further information about using our forensic accounting services for a proceeds of crime or other expert witness matter, then please contact us for an obligation free discussion. We provide services to corporations, law firms and individuals in Sydney, Brisbane, Melbourne, Adelaide, Perth and across Australia.

Civic nightclub Mooseheads has been ordered to pay a Canberra man more than $889,000 after he was seriously injured while being ejected from the club in 2001.

Allan Wormald’s 35th birthday celebrations went sour when a bouncer fell on top of him as he was being kicked out of the bar.

He sued Mooseheads after suffering a fractured femur and a dislocated hip that affected his work and left him with back and hip pain.

In a judgment published yesterday, ACT Supreme Court Justice Anna Katzmann said Mr Wormald would ”never forget his 35th birthday” in November 2001.

The court heard Mr Wormald and his friends had been celebrating the day with drinks at the Belconnen Labor Club before heading to Mooseheads at about 11pm.

Mr Wormald told the court he became angry after one of his friends was asked to leave the club and went over to remonstrate with the bouncer.

The bouncer then told him to get out of the club and Mr Wormald swore at him.

He said the bouncer grabbed his arms and began marching him out of the club at an accelerating pace, causing him to walk straight off a set of steps and fall to the ground.

The bouncer ”rode” him to the ground and fell on top of him. Lawyers for Mooseheads’ owners Caftor argued that Mr Wormald had contributed to his own injuries because he was drunk, aggressive, tried to assault the bouncer and resisted being thrown out.

The bouncer at the heart of the incident, Steve Vosnakes, gave evidence that he went to eject a man who was waving a pool cue around “like a javelin” and who tried to swing a fistful of pool balls at him.

Mr Vosnakes told the court he put the man in a “full Nelson” armlock and made a beeline for the door but the man struggled, causing both of them to fall off a step and onto the ground.

But Mr Wormald and his friends told the court there was no violence, he was calm as he was being ejected and did not resist Mr Vosnakes.

One friend said Mr Wormald was being gripped “like a puppet” and was marched straight off the steps, falling to the ground with the bouncer on top of him.

He was unable to move his legs and had to be helped out of the bar after the incident.

Mr Wormald was taken to hospital by ambulance, had two operations in five weeks, and still suffered pain more than 10 years later.

Justice Katzmann ordered Caftor to pay Mr Wormald a total of $889,419 in damages, expenses and loss of earnings.

(Source: Canberra Times, Natasha Rudra, 27/06/2012)

About Rushmore Forensic

Andrew Firth is a forensic accountant who has conducted numerous investigations and other forensic accounting engagements in both Australia and overseas. He specialises in economic loss and loss of earnings calculations, personal injury compensation and other forensic accounting services for commercial disputes.  He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions.

[plulz_social_like width=”350″ send=”false” font=”arial” action=”like” layout=”standard” faces=”false” ]

The Queensland Government has announced two rail corridors to service new and existing coal mines in both the Galilee and Bowen Basins in the state’s central and western regions.

State Development, Infrastructure and Planning Minister Jeff Seeney says the plan will replace eight different railway proposals put forward under the previous Labor Government.

Mr Seeney says the State Government will use its powers to compulsorily acquire the land for new rail lines.

“The compulsory acquisition of land is always a difficult task and it’s always tough for landholders and I know how distressing it can be for some landholders, but it is an essential part of building infrastructure and I am particularly concerned to ensure landholders are treated fairly. ”

The announcement of the corridors was touted by government as a win for industry and landowners, but some landholders says it’s their worst fears realised.

Those in the path of the proposed lines will now face compulsory acquisition if they cannot come to an agreement with coal companies.

Clermont grazier and Agforce councillor Peter Anderson says they were hoping for just one line through the region.

“When the Hancock GVK line was announced, they realised then that that corridor would not suit the whole Galilee Basin and therefore there would inevitably have to be a second corridor, and I think they’ll be gutted, for the want of a better word.”

About Rushmore Forensic

Andrew Firth is a director of Rushmore Group. He is a forensic accountant and business valuer. Andrew has conducted business valuations across a wide range of businesses and for different court jurisdictions.   He is a member of the Institute of Chartered Accountants, and the ICAA Special Interest Group in Business Valuations. He has appeared as an Expert Witness in numerous jurisdictions.

A Warrnambool recreational drug user who claimed he supplied friends with amphetamine at below cost price has been convicted and fined $3500 after trying to sell drugs to a security guard.

Benjamin Thornton, 19, of Sharpe Avenue, pleaded guilty in Warrnambool Magistrates Court to trafficking amphetamine and dealing with property suspected of being the proceeds of crime.

Police said Thornton attempted to sell one gram of amphetamine to a security guard at the Whalers Hotel in Warrnambool that at 3.10am on March 11.

He was detained by the guard until police arrived. Thornton was found by police to be in possession of three deal bags containing about 2.5 grams of amphetamine and $300 in cash. He told police he bought five grams of amphetamine in Geelong the day before for $112 a gram and had sold some of that to friends for $100 a gram.

Thornton told police he bought the drugs “just so we can have a good time at the Folkie weekend”.

Defence counsel Tony Brown said his client had been unemployed for eight months and decided to buy drugs for himself and his friends from his first pay cheque.

Magistrate Jonathan Klestadt said he did not believe Thornton had gone to Geelong and bought the drugs in a one-off transaction, describing it as an unbelievable version of events.

Mr Brown said his client claimed to have bought the drugs from a friend and was a sporadic user.

Mr Brown said his client wanted to move to Western Australia to work in the mines and a drug conviction could put an end to those ambitions.

Mr Klestadt said the use of illicit drugs was an abuse of the user’s body.

He said Thornton had taken the same initial steps as countless other people who were now either dead or in jail.

The magistrate said he was not prepared to fine Thornton without recording a conviction because a strong message had to be sent to others.

He said he understood a conviction could be a tragedy for Thornton’s future career prospects.

(Source: Andrew Thomson, Warrnambool Standard, 6 June 2012)

Further Information on Proceeds of Crime

If you would like further information about using our forensic accounting services for a proceeds of crime or other expert witness matter, then please contact us for an obligation free discussion. We provide services to corporations, law firms and individuals in Sydney, Brisbane, Melbourne, Adelaide, Perth and across Australia.

A Burpengary Queensland man who yelled at police when he was caught speeding yesterday afternoon has been charged for several offences, including drug possession.

Police said they had to detain the 25-year-old man after he became angry when spotted speeding along Joyce Street around 3pm.

Police say they found a large amount of drugs, money and utensils in his home.

The man was charged with one count each of possessing a schedule 1 drug, possessing a dangerous drug, possessing utensils, possessing a thing used in connection with smoking a dangerous drug, possessing proceeds of crime, possessing a restricted weapon, unlicensed driving and obstructing police.

He was bailed and will appear in Caboolture Magistrates’ Court later this month.

(Source: Kieran Rooney From: The Courier-Mail June 05, 2012)

Further Information on Proceeds of Crime

If you would like further information about using our forensic accounting services for a proceeds of crime or other expert witness matter, then please contact us for an obligation free discussion. We provide services to corporations, law firms and individuals in Sydney, Brisbane, Melbourne, Adelaide, Perth and across Australia.

 

The drugs case against suspended South Adelaide Football Club player Guy O’Keefe has been adjourned until July.

The 22-year-old has yet to plead to charges of trafficking and possessing ecstasy, using ecstasy and dealing in property suspected to be the proceeds of crime.

Prosecutors in Victoria will allege O’Keefe was arrested at Nhill on February 27.

He was allegedly pulled over and, during a search of his car, officers found 160 ecstasy pills and $30,000 cash.

Nhill Magistrates Court adjourned O’Keefe’s matter yesterday until July.

(Source: June 05, 2012, Adelaide Now)

Further Information on Proceeds of Crime

If you would like further information about using our forensic accounting services for a proceeds of crime or other expert witness matter, then please contact us for an obligation free discussion. We provide services to corporations, law firms and individuals in Sydney, Brisbane, Melbourne, Adelaide, Perth and across Australia.

 

A foreign credit-card scammer flew into Australia to help steal more than $6.2 million and was found with $60,000 cash in his backpack when he was arrested, a court heard today.

Lai Wong, who was found to have a false Hong Kong passport, was sentenced to five years and nine months jail, with a minimum of four years, after pleading guilty to a range of proceeds of crime and false document offences.

When police searched his rented Mitcham residence, access was given to a locked bedroom by a key hidden in a light fixture. Investigators uncovered an office for manufacturing fake credit and debit cards, complete with bank logos, 973 illegal credit cards and thousands more blank cards.

County Court Judge Joe Gullaci said Wong, 39, was an intelligent Malaysian who spoke several languages and came to Australia for the specific purpose of engaging in the credit card and money transfer frauds.

“You entered this country with the sole purpose of significant criminal conduct” Judge Gullaci said, adding Wong was a crucial and pivotal player in a sophisticated crime that targeted Australian banks and financing.

Despite Wong claiming he had been recruited into a crime syndicate as a result of gambling losses in Macau, Judge Gullaci said he had put no evidence before the court to support the claim and had refused to tell investigators specifically where money had been obtained and who he had sent $6.29 million to, suspected of being proceeds of crime.

The money was accrued in just six months after Wong arrived in Australia on a business visa last year and made 34 cash deposits and international transfers to offshore accounts, the court heard.

Australian Federal Police agents arrested Wong after he met two other individuals, and disembarked from a train at Camberwell station, where he was found to have $60,000 cash in his backpack.

Judge Gullaci said although the true value of Wong’s share in the enterprise was unknown, he had collected $30,000 in commissions.

“International crime syndicates could not operate unless people like you were prepared to perform crucial roles” Judge Gullaci said.

“If you come into this country to commit serious crimes you had better be prepared to serve significant periods in prison.’‘

(Source: Mark Dunn, Herald Sun, 29 May 2012)

[plulz_social_like width=”350″ send=”false” font=”arial” action=”like” layout=”standard” faces=”false” ]

Further Information

If you would like further information about using our forensic accounting services for a fraud, litigation, or other forensic accounting matter, then please contact us for an obligation free discussion. We provide services to corporations, law firms and individuals in Sydney, Brisbane, Melbourne, Adelaide, Perth and across Australia.

 

Employers are fuming at a decision by Fair Work Australia that will make it easier for injured employees receiving workers’ compensation to claim unfair dismissal.

Injured employees receiving work-related compensation payments can now count the time they spend recovering at home towards meeting their minimum employment period of six to 12 months after injury, during which they are protected from unfair dismissal.

Employer groups railed at the landmark decision by FWA yesterday, warning that it had major implications and the government needed to consider the consequences as part of its review of the Fair Work Act.

In the full bench decision, the industrial umpire rejected an appeal by major labour hire business WorkPac. The company said employee Michael Bambach was ineligible for an unfair dismissal claim because he had failed to meet the relevant period of “continuous service” after he was injured at work.

The Fair Work Act deems the minimum employment period under which protection from unfair dismissal is granted is six months for large employers and 12 months for smaller operators.

After starting work in early March 2010, Mr Bambach was injured and unable to perform his duties from June 2 that year to September 23, 2011, at the Mount Owen mine in the Hunter Valley, more than 14 months.

After he was deemed fit to resume his pre-injury duties, Mr Bambach received notification of the cessation of his employment from WorkPac on October 17, effective from September 24.

The Australian Industry Group noted that unpaid absences were not normally counted towards “continuous service” even when individuals were beneficiaries of other schemes.  Source: Joe Kelly, The Australian, June 01, 2012

Quicklinks

• Bambach v WorkPac Pty Ltd [2012] FWA 670 (9 March 2012)
• Section 394 Fair Work Act 2009

About Rushmore Forensic

Andrew Firth is a forensic accountant who has conducted numerous investigations and other forensic accounting engagements in both Australia and overseas.

He specialises in economic loss calculations, personal injury compensation and other forensic accounting services for commercial disputes.  He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions.

[plulz_social_like width=”350″ send=”false” font=”arial” action=”like” layout=”standard” faces=”false” ]