Group faces 72 criminal offences after alleged phoenix activity

Associates with Members Alliance and Benchmark groups have been charged with 72 criminal offences relating to the collapse of groups and alleged associated phoenix activity in 2016 and 2017.

The Australian Securities and Investments Commission (ASIC) said the groups offered financial advice to retail investors and operated property investment vehicles on the Gold Coast. In July 2016, 18 group companies were placed into liquidation with a $26 million debt owing to the Australian Taxation Office.

Richard Marlborough, Colin MacVicar, David Domingo, Liam Young, and John Ramsden appeared in the Brisbane Magistrates Court and were charged with criminal offences.

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The charges followed an ASIC-led Serious Financial Crime Taskforce (SFCT) investigation into the collapse of the groups and alleged associated phoenix activity.

Marlborough was charged with:

  • 21 counts of trading while insolvent;
  • 10 counts of dishonestly using his position as a director;
  • One count of disposing of property after becoming (or was about to be) a bankrupt; and
  • One count of fraud.

MacVicar was charged with:

  • 13 counts of trading while insolvent;
  • One count of dishonestly using his position as a director; and
  • One count of disposing of property after becoming (or was about to be) a bankrupt.

Young was charged with:

  • Four counts of trading while insolvent; and
  • Five counts of dishonestly using his position as a director.

Domingo was charged with seven counts of trading while insolvent.

Ramsden acted as a solicitor for the Members Alliance group and was charged with aiding Marlborough, MacVicar and Young in their alleged directors duties offences.

He faced eight counts of aiding, abetting, counselling or procuring the commission of an offence in contravention of the Corporations Act.

 




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