22 August 2013

Five Star Finance: R. v. Williams



After pleading guilty to breaches of the Crimes Act, Neill Allan Williams was sentenced to an extra seventeen months in prison for frauds perpetrated against investors in the Five Star group.
Already jailed for three years and seven months following Securities Act convictions, a concurrent sentence of five years was handed down by the High Court after Williams pleaded guilty to two counts of theft by a person in a special relationship.  This followed investigations into fraudulent lending by Five Star Consumer Finance.  Five Star investors have recovered about forty cents in the dollar after the company went into receivership.
The court was told Williams was not a director of Five Star but was deeply involved in the company’s administration.  Between 2003 and 2007, Five Star made loans totalling $29.2 million to related parties in breach of the trust deed which governed use of funds raised from outside investors.  False documentation concealed the true beneficiaries of the loans and was used to hoodwink the company auditors and solicitors.  A further $14.2 million was misappropriated in 2007 as Five Star management sought to cover up the earlier fraud.
In April 2013, Williams was jailed for breaches of the Securities Act and the Financial Reporting Act.  He strongly contested a parallel Crimes Act prosecution, changing his plea to guilty only after four days of evidence had been heard.
In passing sentence, Justice Gilbert said a five and half year jail term was the correct starting point for these breaches of the Crimes Act but a six month discount was appropriate given Williams’ age and poor health.  Aged 79, he was described as being bankrupt and in remission from cancer. 
R. v. Williams – High Court (22.08.13)
13.024