Cover-Up by ASIC

ASIC first became involved in Australia’s Worst White Collar Crime in March 2009 when ASIC was advised on criminal conduct by Responsible Persons of the purported corporate trustee, CCSL limited, who had refused to provide access to any Deeds of the fund over the previous two years despite repeated written requests for access.

Since March 2009 Officers of ASIC have been involved in an orchestrated attempted cover-up of Australia’s Worst White Collar Crime by:

  • – refusing to enforce the purported Trustee’s disclosure obligations;
  • – falsely claiming that persons who have a “beneficial interest” in the trust have no such interest;
  • – misrepresenting a fraudulent document as the “Trust Deed” of the Fund;
  • – dishonestly claiming that the original Trust Deed no longer has any legal relevance;
  • – falsely claiming that their was “No Evidence” to confirm the fraud;
  • – misquoting and misrepresenting the provisions of the Corporations Act 2001;
  • – misrepresenting the general law of trusts;
  • – misrepresenting the jurisdiction of ASIC;
  • – misrepresenting the jurisdiction of the Superannuation Complaints Tribunal;
  • – misrepresenting “Limitations of Actions” constraints
  • – “re- writing” the law enacted by the Parliament of Australia;
  • – falsely claiming that a “successor fund transfer” had occurred.

    Assisting in the Criminal Concealment of the Genuine Deeds

    Instead of taking proper enforcement action and giving a “direction” to the purported Trustee, CCSL Limited, to provide a copy of the original Trust Deed and copies of all instruments that purported to vary the terms of the original Trust Deed made on the 23 December 1913, after an extended delay, ASIC only force the purported Trustee to disclose on of these documents.

    The document that ASIC forced the purported trustee to disclose was the document dated 26 August 1986 that was misrepresented by both the purported Trustee and by an Officer of ASIC as the “Trust Deed” of the fund, when in fact the original “Trust Deed” was made on the 23 December 1913.

    At best the document dated 26 August 1986 could only be a Deed of Variation which may have amended the terms of the occupational pension trust established on the 23 December 1913.

    If the ASIC Officer had bothered to properly inquire as to why the purported trustee had been wilfully concealing the Deeds of the Trustee for the previous two years, he would have obtained a copy of the document that the purported trustee finally provided nearly three years after access had been first requested.

    If the ASIC Officer had obtained a copy, then it would have been obvious that this was a “Red Flag” document since it had been signed by the well known white-collar criminal, Ken Jarrett, who had served a term of imprisonment for dishonesty following a major investigation by the former National Crime Authority (NCA).

    More information on the “Jarrett Deed” can be found here. .

    More information on how ASIC has assisted in the ongoing concealment of the original Trust Deed and genuine Deeds of Variation over the last 5 years can be found here. .

    For the last 5 years ASIC has claimed that there is “No Evidence” to confirm the Fraud and therefore ASIC has deliberately blocked the Members and Beneficiaries of this occupational pension trust from gaining access to the very “trust documents” that will confirm the fraud.

    Responsible Person” of the Trustee to wilfully conceal such “trust documents.
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    This tab updated on 21 July 2015