Out for 10 months: Oliver banned for illegal bet

Forensic Accountants are frequently used in illegal betting investigations

Forensic Accountants are frequently used in illegal betting investigations

Disgraced jockey Damien Oliver has been disqualified for eight months after admitting to placing a $10,000 bet via a third party on a rival horse in a race in which he rode in 2010. Oliver has received a further two months’ suspension for using a mobile phone in the area of the jockeys room against the rules.

Oliver broke down as he admitted to stewards that he had placed the bet on a horse against which he was riding in a race at Moonee Valley two years ago, with former Western Bulldogs player and form analyst Mark Hunter named for the first time as the man who put the bet on for him.

Disgraced jockey Damien Oliver is disqualified for eight months after admitting to placing a $10,000 bet on a rival horse in a race in which he rode in 2010.

Oliver confessed that he had made the call on his mobile phone from the jockeys’ room at the track, another clear breach of Australian racing rules.

The 40-year-old cited psychological stress, injury and the imminent breakdown of his marriage as key factors for what his counsel, Robert Richter, subsequently described as “a single, isolated lapse of judgment“.

Stewards gave Oliver an eight month disqualification to be followed by a two month suspension allowing him to return to riding trackwork. During his disqualification, Oliver is banned from racetracks and stables.

After the hearing, Oliver issued a statement apologising to trainers, owners and supporters.

People must not assume that my misdeed and lack of judgment … reflects on jockeys or the industry broadly” he said.

I ask my fellow jockeys for whom I have the greatest respect to forgive my actions.

In a hearing at Racing Victoria headquarters the jockey at the centre of the carnival betting storm cut a slim, distressed figure, at times struggling to present his case as his voice cracked with emotion.

Oliver, who has won all four of Australia’s greatest races — the Melbourne Cup, Cox Plate, Caulfield Cup and Golden Slipper — has nerves of steel when seated on a horse, but he presented a fragile, emotionally vulnerable persona in the hearing as he recreated the events leading up to the fateful night at the Valley when he placed the bet on Miss Octopussy, the favourite in a race in which he rode the market’s second choice, Europa Point.

Oliver said that he had been under enormous stress because of problems in his marriage to his wife Trish, the mother of his three children. He admitted that at the time he also had a problem with alcohol, was prone to binge drinking sessions and, despite his considerable success on the race track, was losing his self confidence as a jockey.

My wife and I have three children and there was a period when she moved to her parents with the children. I feared I would lose my marriage. I felt very depressed about the personal problems I was feeling at the time.

Oliver said he feared that significant legal fees he would incur as a result of any potential marriage break up added to the stress he felt and clouded his judgment.

But, he insisted, he rode his horse to the best of his ability and gave it every chance to win.

He said that on the night of the race he called Mark Hunter as an ‘‘unplanned’’ and ‘‘spur of the moment decision’’ and spoke to no other trainers or officials.

Oliver was paid $11,000, he said, as a result of the bet, with the money being passed to him in cash by Caulfield-based trainer Robert Smerdon.

The period around 2010-11 was probably the worst period in my life” he said.

Rob Richter, QC, representing Oliver, had urged stewards to be lenient, citing Oliver’s age, his status in the profession and the fact that he had admitted his offence, allowing them to make a case, Richter said.

The lawyer contended that Oliver’s case should be measured against other jockeys who have laid bets in recent times, in particular Blake Shinn, the former Sydney rider, and Peter Robl, both of whom invested much greater amounts over a lengthy period.

Richter said that Oliver’s mental health and domestic situation should be powerful mitigation for what was, he argued, an uncharacteristic action by a man who had been at the top of the tree for more than 20 years. The fact that he had co-operated and shown both remorse and contrition should also be taken into account, Richter added.

Richter told the stewards that Lee Freedman, the trainer of Europa Point — and the man with whom Oliver had lived for several years as a teenage apprentice when he moved to Melbourne from his native Perth — had given the jockey a ”powerful character reference”, saying he had never known him to bet. Freedman had no problems with the ride on the night in question and was happy to employ Oliver as a jockey again,” Richter said.

At the time he committed these breaches he was subject to extreme personal health issues … at the time he was under treatment … he was suffering the after effects of injury and psychological distress.

Richter urged stewards to be lenient in their sentence, arguing that a lengthy disqualification at Oliver’s age ”would have a far greater impact than it would for someone who was not 40 years of age.

The breach is totally out of character.

In October The Age first revealed exclusively that the veteran jockey was under investigation for the alleged bet.

Then as Oliver prepared to ride highly fancied Americain in the Melbourne Cup two weeks ago, The Age broke the news that Oliver had admitted the alleged wrongdoing to Racing Victoria investigators — yet was free to continue his spring carnival campaign.

(Source: AAP)

 

New apps catch employees forging timesheets

Forensic Accountants are frequently used to conduct payroll fraud investigations

Forensic Accountants are frequently used to conduct payroll fraud investigations

Employers are using technology to monitor underperforming workers, giving new meaning to the old adage “time is money”.

In one case, a new timesheet mobile app helped the operators of the Wakefield Park Raceway in Goulburn, NSW, catch two employees forging timesheets.

The managing director, Matthew Ronke, was on his way to the track, about 10 minutes away, when he drove past one of his employees, taking a leisurely stroll when meant to be at work.

Pulling out his iPhone, Ronke checked the staff sign-on sheets via a productivity app called Deputy 2.0 installed the previous week. The staff member had been fraudulently signed on to work by a colleague. The pair were fired.

Fraud such as this had once slipped through the folds of the old paper-based system, Mr Ronke said.

I don’t think it was a big problem but obviously it was a problem that we didn’t catch them doing it” he said.

Raceway staff are asked to register their arrival at work via iPads installed at the racetrack cafe.

The majority [of staff] are quite happy with it … and seem to like they can actually go in and check [that] their hours are correct; and they know that’s going into the payroll [system] and that’s what they’ll get paid.”

It’s not technically spying, according to Deloitte Digital lead partner Frank Farrall, who last year used Twitter to catch an employee – no longer with the team – who was struggling to deliver outcomes on a project.

They were saying, ‘I’m working all this time, doing all this and whatever,’ and we didn’t feel confident he was being truthful with us” Mr Farrall said.

The employees’ Twitter feed included numerous Foursquare check-ins at coffee shops around Melbourne when he was supposed to completing the project already behind schedule.

He was not meeting his end of the bargain and lying about it. The technology exposes that’s happening. It’s not spying, just reconciling the truth.

Some companies are using such apps to improve service or logistics rather than just keep an eye on employees. Google extended its Maps app with Maps Coordinate for enterprises in June, for example. The tech giant bills it as providing “real-time visibility” of team members and an ability to better manage job allocation .

Users say the technology provides a more granular way to measure worker output, and shifts the focus away from the number of hours in the office.

Apart from keeping an eye on staff and recording their hours, Mr Ronke said the biggest advantage of a smartphone-based timesheet management software was the ability to allocate tasks.

In Victoria last week for the V8 Supercar championship race – organised by Wakefield Park parent company Winton Motor Raceway – Mr Ronke was notified of a burst water pump. The push notification to his iPhone meant he could immediately organise it be fixed.

The last-minute requests and fluctuating business demand create extra opportunities for employees who make themselves available, he said.

I believe strongly that outcome-oriented work is much better than time-based work, rather than someone punching the punching clock who’s just not adding value” Mr Farral said.

(Source: Mahesh Sharma, SMH, 19 November 2012)

 

 

Magistrate flabbergasted at Baden-Clay delay

Delay to forensic accounting report by the Queensland Police

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.

Gold Coast man jailed over workers compensation fraud

Worker jailed for fraudulent workers compensation claim

A former Gold Coast council worker has been jailed for lying about breaking his ankle on the job to claim workers’ compensation, when he actually injured himself at the pub.

Richard Trevor Moore was sentenced to nine months prison and forced to pay back $65,000 to the Gold Coast City Council.

Moore claimed he tripped on a wet road bump at work but a Southport magistrate ruled he broke his ankle while having drinks at the Parkwood Tavern.

Lawyer Michael Gatenby will today lodge an appeal against the Southport Magistrates Court decision and sentence and seek bail for his client.

Moore, 51, filed a claim alleging he had been retrieving his work phone from his car when tripped at a council depot in September 2010 and badly injured his ankle.

He told his surgeon he thought it was just a sprain and so he drove to the pub for a few drinks at the tavern.

CCTV footage tendered in the court showed him collapsing in the pub and he was taken to hospital by ambulance and treated for a bad fracture.

Q-COMP lawyers, on behalf of the council, said Moore tried to cheat the system in a fraudulent claim for compensation and lying to his council boss and his surgeon about the incident.

Moore, a 20-year council landscaping employee, pleaded not guilty and maintained the initial sprain at the council depot had led to the later fracture.

He further claimed he had been made to sign work reports about the incident while on pain medication.

Southport acting magistrate Gary Finger found Moore guilty of defrauding the council and making five false statements under the Workers’ Compensation and Rehabilitation Act.

He convicted and sentenced him to nine months jail, suspended after he served three months.

He also ordered Moore to repay the Gold Coast City Council $65,861.72.

Mr Gatenby, from Gatenby Criminal Lawyers, said he would appeal the magistrate’s decision and sentence on the grounds that it was “unsound, unsatisfactory and unproved by the evidence“.

A council spokeswoman declined to comment specifically on Moore’s case as the council is forbidden to comment on workers’ compensation matters under the terms of its self-insurances workers’ compensation licence.

Council figures show workers’ compensation claims cost the organisation more than $4 million a year.

Source: Courier Mail, Leah Fineran and Matthew Killoran | 07:07am May 22, 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 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.

Marketing employee charged over $300,000 fraud

A Sydney man allegedly used his employer’s credit card to splurge $127,000 on holidays, electronic goods and other personal items.

The 25-year-old, from Darlinghurst, is also alleged to have siphoned more than $189,000 from the CBD-based marketing firm that he worked for, into his own account.

Police arrested the employee yesterday afternoon following a month-long investigation.

He was charged with fraud offences and is due to appear at Sydney’s Central Local Court today.

Detectives were tipped off about the offences, said to have occurred between April 2011 and March 2012, when the marketing firm noticed irregularities in its accounts.

Source: AAP, SMH 05/04/2012

About Rushmore Forensic

Andrew Firth is a director of Rushmore Group. He has conducted numerous investigations and other forensic accounting engagements in Australia, Singapore, the UK, Thailand, Hong Kong, Vanuatu, and the USA.

He is a former investigator with the Serious Fraud Office in the UK and specialises in complex financial investigations and providing other forensic accounting services.  He is a member of the Institute of Chartered Accountants and has appeared as an Expert Witness in numerous jurisdictions. To arrange an appointment with Andrew please call (02) 9954 6200.

 

False invoice scam nets $650,000 from Curtin University, Perth

A Perth woman has been jailed and another is facing a similar outcome for their respective roles in a “criminal enterprise” that netted about $650,000 from Curtin University.

Curtin University victim in false invoicing fraud

Joy Angela Sanderson, 47, from Maylands, was today sentenced to 18 months behind bars for laundering more than $100,000 from the university, two years ago.

Her accomplice Tania Carter is facing an even longer jail-term after pleading guilty to 401 charges of stealing a total of about $650,000.

The court heard Ms Carter – Sanderson’s former business manager – drew up false invoices on behalf of Sanderson’s company and submitted them to Curtin University.

The university unwittingly paid the invoices, with the money transferred to Sanderson’s company.

Sanderson then passed on majority of the money to Ms Carter, but retained $22,796 to pay for a holiday and some bills, the court heard.

The ongoing fraud was not detected for nine months, before the university lodged allegations with the Corruption and Crime Commission.

During Sanderson’s sentencing today, District Court Judge John Wisbey said the pair had been involved in a criminal enterprise and imprisonment was the only suitable punishment for Sanderson.

Ms Carter is yet to be sentenced, with her next court appearance scheduled for Friday.

(Sourced: Courtney Trenwith, WA Today, February 14, 2012)

About Rushmore Forensic

Andrew Firth is a director of Rushmore Group. He has conducted numerous investigations and other forensic accounting engagements in Australia, Singapore, the UK, Thailand, Hong Kong, Vanuatu, and the USA.

He specialises in assisting people going through divorce and providing 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. Rushmore provides services to clients located in Perth and surrounding areas.


 

Perth council employee jailed for fraud

A local government employee in Perth who contracted $45,000 worth of council work to his company without disclosing he owned it has been given a 14-month jail sentence.

Perth Council worker contracted work to his own company

Antony John Patrick Greenwood, 46, pleaded guilty to committing 20 fraud offences when he worked at the town of Cottesloe between March 2010 and May 2011.

His admission came after the council referred the matter to Western Australia’s Corruption and Crime Commission for investigation.

The District Court in Perth heard that Greenwood was the council’s maintenance and conservation officer and in that position had prepared purchase orders and arranged contracts for his own company, Full Circle Design and Construction (FCDC).

Some of the $45,000 worth of contract work Greenwood completed, other work was completed by other contractors, and some of the work was not done, despite being paid for, the court heard.

Greenwood did not tell his employer that FCDC was his firm, though he had signed a code of conduct form saying he would seek permission to do any work outside his council job.

Greenwood has since reimbursed the council for money he received for work that was not completed.

In the District Court on Wednesday, Judge Allan Fenbury told Greenwood he had been involved in serious misconduct, abuse of trust and corrupt behaviour over a 14-month period and his offending warranted a jail sentence.

This type of deceptive behaviour or corruption is difficult to detect and causes untold financial harm to our society” he said.

Judge Fenbury said he took into account Greenwood’s payment of restitution to the council but said suspending a jail sentence could give the impression that people might be able to buy their way out of prison.

He sentenced Greenwood to four months in jail on six of the fraud counts, 10 months’ jail on another 10 counts and 14 months on the last four counts, all terms to be concurrent.

With an effective sentence of 14 months, Greenwood will be eligible for parole in seven months.

(Source: WA Today, AAP, February 8, 2012)

About Rushmore Forensic

Andrew Firth is a director of Rushmore Group. He has conducted numerous investigations and other forensic accounting engagements in Australia, Singapore, the UK, Thailand, Hong Kong, Vanuatu, and the USA.

He specialises in assisting people going through divorce and providing 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. Rushmore provides services to clients located in Perth and surrounding areas.

Corruption inquiry into University of New England contracts

The corruption watchdog will hold an inquiry into allegations of corrupt conduct at the University of New England (UNE).

Colin McCallum, campus services manager at UNE in northern New South Wales, is alleged to have corruptly solicited university contracts over a seven-year period.

The Independent Commission Against Corruption (ICAC) will investigate his alleged approval of false invoices submitted between December 2004 and April 2011.

The invoices were from a number of companies, including commercial cleaning contractor Quad Services, Sydney Night Patrol and Inquiry and Prosys Services.

ICAC will also investigate whether, between July and December 2010, Mr McCallum gave false and misleading information to his colleagues after corruptly arranging payment for the hire of UNE sports facilities for use by New England Rugby Union.

Public hearings will be heard before ICAC Assistant Commissioner Theresa Hamilton from January 23.

In a statement, the UNE later said it had referred the matter to ICAC for investigation.

UNE will continue to fully co-operate with ICAC throughout their investigation and the forthcoming public inquiry” it said.

Source:  AAP, 16/1/12

 

Top former art dealer faces 87 charges after fraud probe

One of Australia’s former leading art dealers, Ronald Coles, faces up to 10 years in jail after being charged today with 87 offences relating to an alleged multi-million investment art fraud scheme.

Art Dealer, Ronald Coles charged with fraud in Gosford

Coles, 64, was ordered to appear at Gosford Police Station today (10am), where Fraud Squad detectives formally charged him following an “extremely protracted and legally intricate” two-year investigation into his business affairs.

Under the Crimes Act, Coles was charged with 77 counts of “larceny as a bailee” and a further 10 counts of “director/officer cheat or defraud”.

For more than 30 years, Coles specialised in fine art by some of Australia’s most celebrated artists including Sir Arthur Streeton, Eugene von Guerard, Brett Whiteley and Norman Lyndsay.

Advertising on national radio and television, he offered clients an opportunity to boost their lifesavings through the purchase of investment art which he bought and sold on their behalf, using their superannuation funds.

NSW Police launched Strike Force Glasson in January 2009 after a Fairfax investigation unearthed dozens of investors who were missing millions of dollars in lost art and money, all allegedly retained by Coles.

Today’s police charges relate to more than $8 million in financial loss to a total 43 clients nationwide.

Coles’ failed to make conditional bail of $50,000. It is understood he offered a car and paintings as surety but it was refused. He is due to appear at Gosford Local Court shortly.

(Source: Eamonn Duff, SMH, 16/1/2011)

Solicitor guilty of misleading investigator

A senior procurement officer with Sydney Water, in charge of vetting contracts and assessing conflicts of interest, is under investigation after she was found guilty of professional misconduct as a lawyer.

Sydney Solicitor, guilty of misleading investigator

Sydney Solicitor, Harinee Thurairajah, guilty of misleading investigator

Harinee Thurairajah, who was also working as a private solicitor, was publicly reprimanded and fined $5000 after a prosecution by the Legal Services Commissioner this month.

The Administrative Decisions Tribunal also ruled her behaviour had been dishonest.

We found that the respondent was frequently evasive in oral evidence, gave inconsistent evidence and at times lied. She was an unreliable witness” the tribunal found.

Ms Thurairajah was found to have obstructed and misled an investigator with the Office of the Legal Services Commissioner seeking to carry out an audit on her Pitt Street practice.

Ms Thurairajah, 38, is no stranger to cases involving misleading evidence. In 2003, her father was found guilty of swearing an affidavit which misled or attempted to mislead the Supreme Court.

She had represented her father in the ADT proceedings in which he was found guilty of professional misconduct in a case involving a will. Thambipillai Thambithurai Thurairajah, now aged 84, was also publicly reprimanded and fined.

Her own troubles started when, in April 2009, the Legal Services Commissioner sent her a letter seeking information regarding complaints by two clients, but she failed to respond.

In May, a second letter threatened an audit if she failed to reply. She did not respond and the city office of her legal firm, Thurai Rajah Lawyers, was closed. Ms Thurairajah put off appointments and went on sick leave from Sydney Water for pain in her right hand from August to December of that year.

She resumed full-time work in June 2010 and the audit of her practice was finally carried out in September 2010, nearly 1½ years after the initial contact. The judgment does not mention what the audit found or what her clients had complained about.

The Commissioner had initially sought to have Ms Thurairajah struck off the roll of solicitors, but withdrew the request during the hearing.

In another case in the Supreme Court, her mortgage provider recounted that she did not return calls. Company records also note that mail from the Australian Securities and Investments Commission to the city address of her legal firm were returned last year.

Ms Thurairajah has been working for Sydney Water since April 2008 and has been listed as the primary contact for several Sydney Water tenders.

The Sydney Water managing director, Kevin Young, said the organisation would conduct an internal investigation.

Until this process is complete, we are unable to comment” Mr Young said.

(Sourced from SMH, G Jacobsen, 28/12/2011)

A SENIOR procurement officer with Sydney Water, in charge of vetting contracts and assessing conflicts of interest, is under investigation after she was found guilty of professional misconduct as a lawyer.

Harinee Thurairajah, who was also working as a private solicitor, was publicly reprimanded and fined $5000 after a prosecution by the Legal Services Commissioner this month.

The Administrative Decisions Tribunal also ruled her behaviour had been dishonest.

”We found that the respondent was frequently evasive in oral evidence, gave inconsistent evidence and at times lied. She was an unreliable witness,” the tribunal found.

Ms Thurairajah was found to have obstructed and misled an investigator with the Office of the Legal Services Commissioner seeking to carry out an audit on her Pitt Street practice.

Ms Thurairajah, 38, is no stranger to cases involving misleading evidence. In 2003, her father was found guilty of swearing an affidavit which misled or attempted to mislead the Supreme Court.

She had represented her father in the ADT proceedings in which he was found guilty of professional misconduct in a case involving a will. Thambipillai Thambithurai Thurairajah, now aged 84, was also publicly reprimanded and fined.

Her own troubles started when, in April 2009, the Legal Services Commissioner sent her a letter seeking information regarding complaints by two clients, but she failed to respond.

In May, a second letter threatened an audit if she failed to reply. She did not respond and the city office of her legal firm, Thurai Rajah Lawyers, was closed. Ms Thurairajah put off appointments and went on sick leave from Sydney Water for pain in her right hand from August to December of that year.

She resumed full-time work in June 2010 and the audit of her practice was finally carried out in September 2010, nearly 1½ years after the initial contact. The judgment does not mention what the audit found or what her clients had complained about.

The Commissioner had initially sought to have Ms Thurairajah struck off the roll of solicitors, but withdrew the request during the hearing.

In another case in the Supreme Court, her mortgage provider recounted that she did not return calls. Company records also note that mail from the Australian Securities and Investments Commission to the city address of her legal firm were returned last year.

Ms Thurairajah has been working for Sydney Water since April 2008 and has been listed as the primary contact for several Sydney Water tenders.

The Sydney Water managing director, Kevin Young, said the organisation would conduct an internal investigation.

”Until this process is complete, we are unable to comment,” Mr Young said.

(Sourced from SMH, G Jacobsen, 28/12/2011)