Misleading Statement Made to ASIC
Phillip Sweeney made this Freedom of Information request to Office of the Commonwealth Director of Public Prosecutions
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Office of the Commonwealth Director of Public Prosecutions,
ASIC has confirmed that ASIC is liaising with the CDPP in relation to misleading statements made to ASIC by AMP staff which has been exposed by the current Royal Commission into Misconduct by the Banking, Superannuation and Financial Services Industries.
ASIC (and Royal Commissioner Hayne) has been advised of similar misconduct by the National Australia Bank (NAB) and one of its business partners who have provided fraudulent documents and made misleading statements to APRA and to the Superannuation Complaints Tribunal (SCT) in relation to an occupational pension scheme established by a Trust Deed dated 23 December 1913. This scheme was once known as the Elders IXL Superannuation Fund.
The former executives of Elders IXL Ltd were the subject of three major investigations by the former National Crime Authority (NCA), however the employees' superannuation fund did not fall into the terms of reference for these NCA Investigations.
The SCT is an arm of ASIC as confirmed by Section 62 of the Superannuation (Resolution of Complaints) Act 1993.
Therefore a party who lies to the SCT in effect also lies to ASIC,
The documents I seek are copies of any correspondence between ASIC and the CDPP up until 22 June 2018 that would confirm that ASIC (and/or the SCT) is also liaising with the CDPP in relation to a far more serious case of misleading conduct which involves the NAB and a business partner.
The names of specific individuals can be redacted.
In 2011 ASIC gave an undertaking to the Honourable Justice Kenny in the Federal Court of Australia (VID 323 of 2011) to the effect that ASIC would properly investigate allegations of future misconduct associated with the administration of this superannuation scheme.
ASIC will be in contempt of the Federal Court of Australia if ASIC fails to provide evidence of this misconduct described above to the CDPP.
Royal Commissioner Hayne is well versed in the concept of a "Fraud on a Tribunal" (Refer to SZFDE v Minister for Immigration and Citizenship [2007] HCA 35).
In 2008 I was a victim of a "Fraud on the Superannuation Complaints Tribunal" by a business partner of the NAB before NAB took control of this superannuation fund on 20 January 2014. This falls within the 10 years terms of reference period for the Royal Commission.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney,
The CDPP acknowledges receipt of your freedom of information request.
In your email, you refer to an allegation of misconduct by the NAB and one
of its business partners in relation to a pension scheme formerly known as
the Elders IXL Superannuation Fund. However, your request is for
documents relating to 'a far more serious case of misleading conduct which
involves the NAB and a business partner'. Could you please clarify
whether you are seeking documents relating to alleged misconduct
surrounding the Elders IXL Superannuation Fund, or some other misleading
conduct. If the latter, please identify precisely the allegations of
misleading conduct concerned. It would be helpful if you could point to
any Royal Commission documents (such as transcript of hearings,
submissions, etc) that refer to the allegations. This would assist the
CDPP to identify any relevant correspondence with ASIC.
On receipt of your clarification, the CDPP will respond to your FOI
request as soon as practicable, and within the statutory timeframe set out
in section 15(5) of the Freedom of Information Act 1982.
If any processing charges apply you will be notified prior to any work
being undertaken.
Kind regards
Fiona Thompson Adelaide
Practice Group Co-ordinator Brisbane
Commercial, Financial and Cairns
Corruption Canberra
Commonwealth Director of Darwin
Public Prosecutions Hobart
Phone 03 9605 4333 Melbourne
Fax 03 9670 4295 Perth
[1][email address] Sydney
[2]www.cdpp.gov.au
Dear Mr Sweeney,
I have not heard from you in response to my email of 26 June seeking
clarification of your FOI request.
If I have not heard from you by Monday 9 July, I will proceed to deal with
your request on the basis that the documents you are seeking relate to an
allegation of misconduct by the NAB and one of its business partners in
relation to a pension scheme formerly known as the Elders IXL
Superannuation Fund.
Kind regards
Fiona Thompson
_____________________________________________
From: Thompson Fiona
Sent: Tuesday, 26 June 2018 10:49 AM
To: '[FOI #4662 email]'
<[FOI #4662 email]>
Subject: FW: Freedom of Information request - Misleading Statement Made to
ASIC [SEC=UNCLASSIFIED]
Dear Mr Sweeney,
The CDPP acknowledges receipt of your freedom of information request.
In your email, you refer to an allegation of misconduct by the NAB and one
of its business partners in relation to a pension scheme formerly known as
the Elders IXL Superannuation Fund. However, your request is for
documents relating to 'a far more serious case of misleading conduct which
involves the NAB and a business partner'. Could you please clarify
whether you are seeking documents relating to alleged misconduct
surrounding the Elders IXL Superannuation Fund, or some other misleading
conduct. If the latter, please identify precisely the allegations of
misleading conduct concerned. It would be helpful if you could point to
any Royal Commission documents (such as transcript of hearings,
submissions, etc) that refer to the allegations. This would assist the
CDPP to identify any relevant correspondence with ASIC.
On receipt of your clarification, the CDPP will respond to your FOI
request as soon as practicable, and within the statutory timeframe set out
in section 15(5) of the Freedom of Information Act 1982.
If any processing charges apply you will be notified prior to any work
being undertaken.
Kind regards
Fiona Thompson Adelaide
Practice Group Co-ordinator Brisbane
<< OLE Commercial, Financial and Cairns
Object: Corruption Canberra
Picture Commonwealth Director of Darwin
(Device Public Prosecutions Hobart
Independent Phone 03 9605 4333 Melbourne
Bitmap) >> Fax 03 9670 4295 Perth
[1][email address] Sydney
[2]www.cdpp.gov.au
Dear Mr Sweeney,
The CDPP’s decision on you request dated 25 June 2018 is attached.
Regards
[1]CDPP Fiona Thompson Adelaide
Practice Group Co-ordinator Brisbane
Cairns
Commercial, Financial and Corruption Canberra
Commonwealth Director of Public Darwin
Prosecutions Hobart
Direct line 03 9605 4480 Melbourne
Fax 03 9670 4295 Perth
[2][email address] Sydney
[3]www.cdpp.gov.au
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