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Owner of debt collection company convicted of using company to fraudulently make recoveries.

Monday, 20 November, 2023 - 12:15

The conviction of a person using a company as a vehicle for fraud is rare and in this case instead of prosecuting the fraud, Australian Financial Services and Companies Regulator prosecuted her for being paid the proceeds of fraud. But it did so without resorting to counter-money laundering laws.

Between about 16 December 2016 and 13 March 2018, whilst a director and sole shareholder of Black Collections Pty Ltd ACN 615 105 345 (Black Collections), Louise Angela Medley of Bondi Beach, New South Wales was dishonestly remunerated AUD28,016.81 for collecting on consumer credit debts despite knowing that Black Collections was fraudulently acting as a debt collector.

Because she was the sole decision maker, ASIC chose to prosecute her for fraud, saying that she obtained remuneration by deception.

On 17 June 2021, Black Collections was convicted and fined AUD8,800 for engaging in unlicensed credit activity and AUD4,400 for holding out that it held a licence that would authorise it to collect on consumer debts. At the time, Black Collections did not qualify for an exemption from the need to hold an Australian Credit Licence (ACL). It was also found that on 16 December 2016, Medley, on behalf of Black Collections, held out that Black Collections held a Master CAPI license and was therefore authorised to collect on consumer credit, when it was not.

As she, personally, made the representations there was a clear line to fraud.

Medley was found guilty of two counts of contravening s192E(1)(b) of the Crimes Act 1900 (NSW). The maximum penalty for contravening s192E(1)(b) is 10 years' imprisonment. When dealt with in the NSW Local Court, the maximum penalty is two years' imprisonment.

Medley was sentenced to an 18 months' community corrections order on 13 November 2023, after earlier being found guilty.

Black Collections was convicted of contravening s29(2) and s30(3) of the National Consumer Credit Protection Act 2009. The maximum penalty for contravening s29(2) is 200 Penalty units or two years' imprisonment or both and for s30(3) is 50 penalty units or one year's imprisonment or both. Obviously a company cannot be sent to jail. In Australia, the "penalty unit" is actually a measure of a fine. The value of a penalty unit varies year by year and at the tie of writing stands at AUD313,

A D V E R T I S E M E N T

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