The Fraud is Proven

{Published 10 December 2014}

The attached documents were provided to the Commonwealth Ombudsman:

Commonwealth Ombudsman 10 Dec 2014

Commonwealth Ombudsman – Proving the Fraud

The Fraud is Proven

The Chairman of ASIC, Mr Greg Medcraft, has claimed that Australia is a ‘Paradise’ for white-collar criminals – a statement he was forced to retract by the Acting Assistant Treasurer, Senator the Hon Mathias Cormann.

There are a number of white-collar criminals that should be well known to the Australian Crime Commission (ACC) that have an involvement in Australia’s Wost White-Collar Crime, including:

  • Ken Jarrett
  • John Dorman Elliott, and
  • Ken Biggins

The crime they committed against the widows of former employees on Elders IXL Limited and subsidiary companies and the employees themselves is easily proven.

The High Court in England recently struck down 30 purported amending Deeds of a pension fund on the grounds that these Deeds had failed to comply with the legal formalities required for amending Deeds. Likewise there are 27 purported amending instruments related to The Provident Fund {aka Elders IXL Superannuation Fund} that fail to comply with the requirements of legally valid amending Deeds.

Lord Northington  said in 1758:

No point is better established than that, a person having a power, must execute it bona fide for the end designed, otherwise it is corrupt and void.”

The legal principles of trust law when applied to this evidence, easily prove the fraudulent Breach of Trust causing substantial losses to the cestuis que trust (ie members and beneficiaries) including widows.

The Acting Assistant Treasurer, Senator the Hon Mathias Cormann has advised the victims of Australia’s Worst White-Collar Crime to contact the Australian Federal Police.

 

Evidence has been provided to the Australian Federal Police as advised by Senator Cormann.

Evidence has also been provide to ASIC and the Australian Crime Commission.

The fraud can be proven by just counting the number of Directors’ signatures that appear on a document signed by the well known white-collar criminal – Ken Jarrett.

Mr Jarrett served a term of imprisonment for dishonest conduct.

The onus is now on the Commonwealth Ombudsman, Mr Colin Neave, to investigate why none of the heads of three government law enforcement agencies are unable to count to ten and prove Australia’s Worst White-Collar Crime.

This is a matter of Public Interest.