Gambling Motivated Fraud Leads to Companyโ€™s Liquidation

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According to a media release by the Australian Securities and Investments Commission today, a Director of a company has been charged with deception offences relating to the misuse of a corporate credit card to gamble away more than $3 million resulting in the company going into liquidation.

This is consistent with research Warfield & Associates has conducted on the impact of gambling motivated fraud or organisations and individuals. For further information about our research go to the publications section of our website as follows โ€“ https://warfield.com.au/publications/.ย  Should you want to discuss how we are able to reduce the risk of fraud negatively impacting your business, please refer to our services section of warfield.com.au as follows โ€“ https://warfield.com.au/our-services/.

The ASIC media release is as follows:

โ€™20-241MR Former director pleads guilty to fraud

Following an ASIC investigation, Mr Jaicome Spinella, of West End, Queensland, pleaded guilty to a charge of obtaining financial advantage by deception.

Mr Spinella is the former director of Bauen Concrete Pty Ltd ACN 609 560 492 (Bauen), a company that provided services to the building and construction industry.

ASICโ€™s investigation found that between December 2016 and July 2017, Mr Spinella fraudulently used a credit card issued to Bauen to access $3,131,718.82 to wager bets through a digital gambling account.

As a result of Mr Spinellaโ€™s conduct, Bauen was unable to pay its liabilities and placed in liquidation on 25 July 2017.

At the time Bauen Concrete was placed in liquidation it had 166 creditors owed $6,738,523.

Messrs Shane Deane and Nicholas Giasoumi of Dye and Co. were appointed liquidators. ASIC commenced its investigation after receiving a supplementary report from the liquidators.

The report was funded through the Assetless Administration Fund.

Background

The matter was heard in the Melbourne Magistratesโ€™ Court on 30 September 2020. Mr Spinella was bailed with special conditions, to appear at the County Court on 18 February 2021 for sentencing.

Mr Spinella was charged with 1 count of obtaining financial advantage by deception contrary to section 82(1) of the Crimes Act 1958 (Vic). The charge carries a maximum penalty of 10 years imprisonment.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.โ€™

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