Five years prison for debenture fraudster
Garth Robertson, the former CEO of collapsed debenture issuer Wickham Securities Ltd, will serve five years in prison after pleading guilty to fraud and related charges.Robertson pleaded guilty in the Brisbane District Court in July 2016 to ten counts of dishonestly obtaining property totalling A$762,000 from Wickham between December 2010 and November 2012; one count of dishonestly obtaining $15,000 from Balmain NB Corp in November 2010; nine counts of giving or permitting the giving of false information about Wickham to its trustee Sandhurst Trustees in 2012, and one count of falsifying books relating to the affairs of Wickham in 2012. ASIC summarised the matter, and his sentence, in a media release on Friday.Brisbane-based Wickham Securities failed in December 2012 owing more than A$27 million to approximately 300 debenture holders. Grant Sparks and David Leigh of PPB Advisory were appointed as administrators and then liquidators in February 2013.On Thursday, Robertson was sentenced to five years' imprisonment in respect of the 11 fraud offences, to be suspended after 20 months for a period of five years.Robertson was also sentenced to 18 months' imprisonment for the offences relating to the false information given to Sandhurst and the falsification of Wickham's books. That sentence is to be served concurrently with the sentence imposed in respect of the fraud offences.ASIC, in its summary of the case, said the Court heard that between December 2010 and November 2012, Robertson "dishonestly obtained a total of $762,000 from Wickham, which he used for his personal benefit, including for a house deposit, holiday, car, credit card and mortgage repayments and the payment of taxation debts."On ten occasions, Robertson, who was authorised to transact on Wickham's bank accounts, dishonestly directed payments of between $9,300 and $217,500 to his personal bank accounts. "They were disguised as legitimate transfers in respect of some of Wickham's loan clients and creditors."ASIC said the Court also heard that between July and November 2012, Robertson gave information to Sandhurst that "falsely stated that no debentures had been issued by Wickham; grossly inflated Wickham's cash holdings on eight occasions (on one occasion by $3 million when the actual balance was only $16,000); and contained false information about the status of the loans advanced by Wickham, including that no loans were in arrears when in fact multiple borrowers had defaulted on the loans and no funds would be recovered by Wickham."ASIC also said that on 27 August 2012, "Robertson falsified a Wickham bank statement to give the impression that the account balance was approximately $1.6 million when the actual balance was less than $350,000."Robertson gave the altered bank statement to Wickham's accountant, which was used to prepare Wickham's financial report for the year ended 30 June 2012. As a result, the financial report overstated Wickham's cash assets by nearly $1.3 million and showed net assets of approximately $900,000 when it actually had liabilities of $386,000."On 30 November 2012, Mr Robertson gave Sandhurst a balance confirmation letter for a Wickham bank account, which he had altered to show a