Fraud

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The former Century 21 Wollongong real estate agent Hakan Kutup faced Wollongong Local Court yesterday.
Kutup faced court on fraud allegations.
He has been charged with 27 offences. 
Lake Illawarra detectives, with the assistance of the Office of Fair Trading, commenced an investigation in August into the alleged actions of Kutup.
Hakan Kutup, formerly of Century 21 Ultimate Wollongong, told the local paper, The Illawarra Mercury he would be fighting the charges in September.
Lake Illawarra detectives allege Kutup, 53, made false documents that claimed he had sold numerous properties and as a result would be entitled to the commission.
The alleged false documents included photo-shopped emails and letterheads purported to be made from solicitors and conveyancers located in the Illawarra, police allege.
They also include fabricated contracts of sales, fabricated agency agreement documents, false signatures and false bank deposits for the business that ran out of 4/ 74 Kembla St, Wollongong after being set up in 2009.
The documents were allegedly submitted to Paidonexchange Pty Ltd - a business that, for a fee, provides real estate agents their entitled commissions from the property up front, removing the need for the real estate agent to wait for the settlement.
As a result Kutup "made a total financial advantage of $263,755", police say.
They allege they also uncovered that Kutup misappropriated funds from a sale trust account to the amount of $220,515.
He was charged with 12 forgery offences, 12 fraud offences and three counts of fraudulent conversion of money.
Kutup was granted strict bail. 
The former Wollongong real estate agent, who faced court for the first time yesterday, had been a director at HKJS Holdings Pty Ltd (in liquidation) that formerly traded as Century 21 Ultimate (Wollongong).
In mid 2018 Century 21 removed HKJS of their C21 franchise with liquidation records suggesting the C21! HQ was owed $85,000.
The ATO was owed $185,000.
Kutup had previously worked at Park Trent.
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Former Century 21 Ultimate Wollongong estate agent Hakan Kutup on PaidOneExchange commission fraud charges

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Former NAB branch manager Mathew Alwan has pleaded guilty in the Local Court of NSW to one count of ‘intention to defraud by false or misleading statement’, an offence under the NSW Crimes Act.
An ASIC investigation found that between 23 October 2013 and 19 September 2015 Alwan dishonestly made false and misleading statements to NAB in relation to 24 home loan applications.
Alwan told the bank that a NAB introducer had referred the 24 borrowers under the loan applications to NAB when he knew that this was not true.
The NAB introducer he claimed had assisted in the loan application was Mr Alwan’s uncle, operating under the business name ‘Suit Club’.
As a result of the fraud, NAB paid Suit Club $56,995 in commissions.
Alwan will be back before the Court on 1 October 2019 for sentence.
Since 2000, NAB operated a ‘spot and refer’ Introducer Program which allowed third party ‘introducers’ registered with NAB to refer the name and contact details of potential borrowers to the bank. If the borrower subsequently took out a loan with NAB, the introducer would receive a percentage of the loan amount as a commission. Between 2013 to 2016, NAB’s Introducer Program generated $24 billion dollars’ worth of loans.
In February 2016, NAB breach reported to ASIC that it had uncovered several of its bankers, including Mr Alwan, were engaged in fraudulent misconduct in Greater Western Sydney. This misconduct was later featured in the first case study before the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
On 25 March 2019, NAB announced that it will be terminating the Introducer Program on 1 October 2019.
In October 2018, ASIC permanently banned Mr Alwan from engaging in credit activities and providing financial services as a result of this conduct.
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jrobinson-rf4aSBido9

Former NAB home loan branch manager pleads guilty to intention to defraud

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ASIC has permanently banned Subeer Luthra from providing financial services and engaging in credit activities because of his dishonest conduct.
This banning follows an ASIC surveillance in relation to Mr Luthra’s conduct when he was an authorised representative of Westpac Banking Corporation.
ASIC was notified of Mr Luthra’s misconduct by Westpac, and an ASIC review of Mr Luthra’s advice found that he dishonestly recast his clients’ priorities to suit his own interests.
Mr Luthra advised his clients to switch their superannuation to a product issued by BT (part of the Westpac Group), and to obtain comprehensive personal insurance, without taking their needs and objectives into consideration.
He also recommended BT insurance and superannuation products to all his clients without adequately investigating their existing financial products.
The advice resulted in Mr Luthra’s clients paying excessive insurance premiums that eroded their superannuation contributions at a point in their lives when they did not have enough time to rebuild their assets for retirement.  
Mr Luthra prioritised his own interests over those of his clients by providing inappropriate advice that maximised the amount of fees and commissions payable to Westpac and himself.
ASIC found that Mr Luthra is not of good fame or character to provide financial services because his conduct was dishonest and deliberate, and motivated by personal enrichment.
ASIC also determined that Mr Luthra is not a fit and proper person to engage in credit activities.
ASIC Commissioner, Danielle Press said, “The failure of financial advisers to act in the best of interests of their clients or to prioritise their clients’ interests over their own erodes public trust in financial services professionals and affects the financial system as whole. Individual advisers have a role to play in rebuilding that trust."
Mr Luthra’s banning is part of ASIC's Wealth Management Major Financial Institutions Portfolio.
The Portfolio focuses on the conduct of Australia's largest financial institutions (NAB, Westpac, CBA, ANZ, Macquarie and AMP) with respect to credit and retail lending, financial advice, fees for no service, superannuation trustees, insurance, unfair contract terms and other licensee obligations, and other conduct arising from the Financial Services Royal Commission.
As part of this work, ASIC has banned 56 advisers and one director from the financial services industry. Three bannings are the subject of appeal.
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Westpac Melbourne financial adviser permanently banned for dishonest conduct: ASIC

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Former Chief Financial Officer of Octaviar Limited, Mr David Mark Anderson, of the Gold Coast, Queensland, appeared in Southport Magistrates Court charged with twenty-six counts of fraud under the Criminal Code (Queensland).
ASIC alleges that between 18 June 2012 and 21 September 2015, Mr Anderson, while a director of Octaviar Investment Holdings No 3 Pty Ltd (OIH3), dishonestly applied $4,611,571.86 of OIH3 money for his own use.
At the time of the alleged conduct, Mr Anderson was the sole director of OIH3.
The charges were brought against Mr Anderson following an ASIC investigation into his conduct as the director of OIH3 and other companies in the Octaviar Group.
Mr Anderson was released on bail on condition and the matter adjourned to 2 September 2019 before the Southport Magistrates court for further mention.
The Commonwealth Director of Public Prosecutions is prosecuting the matter.
David Mark Anderson was the CFO and Company Secretary of Octaviar Limited (in liquidation) (formerly known as MFS Limited).
Octaviar Ltd was a publicly listed company with interests in financial services, travel and leisure and childcare businesses, based on the Gold Coast.
The Octaviar Group collapsed in 2008 owing $2.5 billion. OIH3 was a subsidiary in the Octaviar Group.
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Former Octaviar CFO David Anderson charged with 26 counts of fraud

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A Liverpool real estate agent has been prosecuted after NSW Fair Trading found that he fraudulently transferred trust money into his own personal account.
On 22 November 2018, George Marando, director of G &amp; A Marando Pty Ltd trading as Marando Real Estate NSW, pleaded guilty in the Parramatta Local Court to an offence under the Property, Stock and Business Agents Act 2002 (NSW).
On 8 May 2019, Marando was sentenced to 12 months imprisonment to be served by way of an intensive correction order and was also ordered to perform 200 hours of community service work.
NSW Fair Trading Commissioner Rose Webb said NSW Fair Trading began investigating the agency following a compliance operation in 2015.
“The investigation particularly concerned the sale of a property in Granville on 5 July 2015, where the agency acted as the selling agent for the vendors,” Webb said.
The three bedroom, first floor Tania Court apartment (pictured above) sold within nine days of its listing at $591,000 having had $580,000 plus guidance. It settled in October 2015.
The court heard that Marando transferred $41,400 of the $59,100 deposit into his personal bank account in multiple transactions between 30 July 2015 to 26 September 2015.
“After transferring the money into his personal account, he either transferred the money to another account or withdrew it in cash,” Webb added.
“As a result of his conduct, Mr Marando failed to pay the vendors the full amount they were owed until NSW Fair Trading investigators intervened in June 2016.”
Marando’s real estate licence and the corporation licence of the agency have been cancelled. 
He was disqualified in June last year from holding a licence or certificate of registration for a period of five years and disqualified from being involved in the direction, management and conduct of the business of a licensee for a period of five years.
“Marando had no authority to withdraw money from the company trust account,” Webb said.
“Fair Trading will continue to proactively ensure that real estate agents uphold their legal responsibilities.”
Marando has the right to lodge an appeal.
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Liverpool estate agent George Marando sentenced for fraud

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Bogus property developer Maureen Johnston, of Carrum Downs, Victoria has been sentenced in the County Court of Victoria to five years and six months imprisonment.
An ASIC investigation found Mrs Johnston, a former director of Small Business Management Pty Ltd and Investman Nominees (USA) Pty Ltd, deceived victims into investing money in various bogus property developments in the United States and Australia.
The funds were not used for investment purposes, but instead were spent gambling at the Melbourne Crown Casino and paying her personal credit card debt.
The sentencing comes after Mrs Johnston pleaded guilty to three counts of obtaining a financial advantage by deception, totalling $1,027,000.
Many of the victims met Mrs Johnston and her husband, Douglas Johnston, through their close association with the Collingwood Football Club, where friendships were developed before the Johnstons first raised the idea of investing personally through them.
Mrs Johnston must serve a minimum of two years before being eligible for parole.
In sentencing, Her Honour Judge Wilmoth stated Mrs Johnston’s actions were, “intentionally dishonest and blatantly opportunistic” and if it was not for her early guilty plea, the sentence would have been seven years with a period of three years before being eligible for parole.
Judge Wilmoth noted that Mrs Johnston befriended the victims, who included Mrs Johnston’s house cleaner and a patient whom she had met in hospital, before exploiting them for financial gain. Her Honour commented that one of the victim’s description of Mrs Johnston as “absolutely ghoulish, atrocious and heartless” was completely understandable. 
The matter was prosecuted by the Commonwealth Director of Public Prosecutions.
On 8 October 2014, charges against Mr and Mrs Johnston were issued.
On 16 December 2015, after a three-day contested committal hearing, Mr and Mrs Johnston were committed to stand trial, entering into pleas of not guilty.
The trial date for Mr and Mrs Johnston was set down for 23 January 2017, however it did not proceed, as Mrs Johnston offered a guilty plea which was accepted on 20 December 2017.
Maureen Johnston was accused of using players from the Collingwood Football Club, including Andrew Krakouer, to strike up friendships with fellow club members who then became her targets.
The Herald Sun reported Mrs Johnston was a member of the exclusive “Black Room”, an invitation-only club where Crown’s biggest spenders can play pokies.
A trial date for Doug Johnston was set down for April next year.
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$1 million deception against Collingwood AFL supporters sees bogus property developer jailed

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A former Strathfield real estate agent who fraudulently used more than $380,000 of clients’ money held in trust has been sentenced to a 20-month Intensive Correction Order. 
Minister for Innovation and Better Regulation Matt Kean said 31-year-old Min Paul Pak was also ordered to pay more than $87,000 to the NSW Property Services Compensation Fund.
“This was a breach of trust from someone who was meant to be helping people through the biggest transaction of their life,” Kean said.
“Let it be a reminder: This government won’t put up with people who want to rip off consumers or small business. You will pay the price.” 
Kean said the former director of Haus Real Estate Pty Ltd was convicted in the Parramatta Local Court for misappropriating trust funds three times.
“On one occasion, after he helped in the sale of a house for more than $1 million, Pak authorised the transfer of withdrawals totalling more than $111,000 from a trust account to external accounts,” Kean said.
“Those withdrawals had no connection to the sale of the house and Pak had no authorisation to disburse the funds.
“Selling property is extremely stressful and owners don’t need the added burden of worrying that something dubious may happen to their money.”
Pak has been disqualified from being involved in the direction, management or conduct of a real estate agency for 10 years.
The Property, Stock and Business Agents Act requires agents to hold money in a trust account for the vendors until settlement of the property. Agents found to be using trust money for their personal use or the use of another person can be prosecuted and face penalties of up to 10 years imprisonment, even if the money is returned in full.
Pak has the right to lodge an appeal.
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Former Strathfield real estate agent in $380k fraud charge

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GUEST OBSERVATION
It is easy for those of us who have ignored emails from Nigerian princes or refused to transfer money on behalf of an online love interest to scroll past stories about scams, thinking it could never be us.
But so far this year, Australians have reported losing more than AU$76 million to all types of fraud, with phishing scams being the most prevalent. Given fraud has one of the lowest reporting rates, this is likely to be the tip of the iceberg.
From the outside, it’s difficult to understand how fraud occurs, and why some victims send large sums of money to offenders or take other drastic actions. It’s easy for a rational person to identify these situations as fraud.
Too often, we focus our attention on the culpability of victims in these situations. But it’s the offenders and their actions we should be focusing on. How exactly do fraudsters get victims to do such outlandish things?
Grooming the victim
In many cases, it’s a culmination of efforts that result in the victim sending money or complying with a fraudster’s request. Some offenders target specific victims and build a profile of them through online or offline tracking.
In other cases, the contact may start as random, but the fraudster will work hard to establish trust and build rapport.
There is research to support the concept of “hyperpersonal” relationships, or ones that are developed more intensely and quickly online compared to offline. Online communication lacks the non-verbal cues that could raise suspicions on the part of a victim.
Further, there is power in the written word. Several fraud victims I interviewed in my research told me they saved all their chat logs with their offenders from the first contact. Re-reading these conversations allows them to feel a deeper connection to the words – and the person sending them – compared to a verbal conversation.
By being persistent and patient with their contact, fraudsters raise few red flags when they ask a victim for money. Many victims come to believe the situation they are being presented with and the reason behind the request.
Social engineering techniques
Online offenders are also able to identify a weakness or vulnerability in a person relatively quickly and decide on the appropriate strategy to exploit this.
The use of authority to gain trust and compliance is commonplace. Offenders will take on the identity of a person or organisation and use this to threaten victims into submitting to their requests. Fear can be a strong motivating factor.
This is why so many people fall for phishing emails, or those that appear in our inboxes from a bank or government organisation. These emails say there is a problem and threaten a negative consequence (such as the closure or freezing of a bank account) if their instructions are not followed.
A sense of authority has been clear in the recent scams targeting Chinese students in Melbourne who have been tricked into staging their own kidnappings. The victims receive calls from the Chinese “police” or some other authority and are told there is a problem with their visa, or that they have been involved in criminal activity.
In order to prove their innocence, the victims are asked to send money. Or, they are directed to stage their own kidnapping, with the intention of extorting money from their families. The threat of deportation and jail time are powerful motivators for victims, who genuinely fear for their safety.
The use of scarcity – the idea of a limited offer – is another successful technique of fraudsters. By implying their request has a limited timeframe for response, or that the promised reward is limited in availability, they compel people to respond.
Examples of scarcity are commonly seen with lottery scams and sales frauds. Earlier this year, for instance, Scamwatch reported that fraudsters were advertising pedigree breeds of puppies for sale, often demanding money up front to cover transport or medical costs. Victims were duped out of over AU$300,000 in a single year.
Coercive control
The use of psychological abuse tactics by online fraudsters also helps to explain why they have so much power over victims despite a lack of physical proximity.
Richard Tolman, a professor of social work at the University of Michigan, identified nine techniques of psychological abuse used by offenders in situations of domestic violence. In an exploratory study, my colleagues and I were able to apply many of these to the context of fraud.
In these cases, offenders employ abusive techniques in their communications to gain compliance at the beginning and maintain it throughout the fraud. In my research, several victims reported being verbally abused when they questioned the nature of the relationship or refused to send money.
Several victims felt the offenders were deliberately leading them to question themselves or their own judgement. This destabilisation is not exclusive to romance fraud and can allow offenders to exploit victims over long periods of time.
Fighting against fraud
The pervasive nature of these tactics is difficult to guard against. Most people do not believe they are vulnerable to fraud and are not aware how they could be deceived. Offenders rely on this.
There is also a strong stigma attached to falling prey to scams. Victims are often blamed for their own circumstances and losses. This exacerbates the suffering they’ve experience at the hands of the offender.
It’s important to raise awareness of the pervasiveness of this type of fraud and the methods used by offenders to target victims. Promoting a culture in which we can openly talk about fraud without judgement or blame is critical to achieving this.

After all, offenders rely on the silence of victims most of all to continue committing these crimes. In order to break through the silence, we need a better understanding of the techniques they use and more work to identify successful countermeasures and prevention messages.
Cassandra Cross, Senior Lecturer in Criminology, Queensland University of Technology
This article was originally published on <a href="http://theconversation.com" target="_blank">The Conversation</a>. Read the <a href="https://theconversation.com/how-to-get-away-with-fraud-the-successful-techniques-of-scamming-99523" target="_blank">original article</a>.
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How to get away with fraud: the successful techniques of scamming

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Sebastian 'Seb' Monsour has been charged with fraud following a long-running investigation.
It was into an alleged $5 million investment fraud. 
He is due to appear in the Brisbane Magistrate's Court tomorrow charged with fraud, according to the ABC.
Police raided his business in Spring Hill after it was alleged he accepted three significant payments from an overseas investor for projects.
The 44-year-old is the chief executive of real estate development company Majella Group. The company had been the sponsored of rugby union team QLD Reds.
His bio suggests he has more than two decades of experience designing, constructing, operating and managing infrastructure in the utility and government sectors.
It is alleged he had no authority, appropriate licence or credentials to manage investments.
Detective senior constable Douglas Henderson told the ABC the money allegedly went into business accounts instead of the promised investments.
Henderson said the money was supposed to go to three investments.
"One was like a future start-up-type investments fund and the other was a diversified property fund and the other was a balanced property fund," he said.
"So we're still confirming the exact details of where the money's gone, but not to the investments it's supposed to have.
"None of the money went to any of those investments," he alleged. 
Monsour has been remanded in custody and is expected to apply for bail in the Brisbane Magistrates Court on Friday.
 
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Police charge Seb Monsour with alleged $5 million property investment fraud

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GUEST OBSERVATION
More than A$340 million was reported lost by Australian victims of fraud schemes in 2017, up A$40 million on the previous year. So says the latest Targeting scams report released this week by the Australian Competition and Consumer Commission (ACCC).
It is difficult to know whether there are simply more people who have become victims of fraud, or whether there is an increased willingness of victims to report it. Given that fraud is known to have low reporting rates, any baseline is difficult to establish.
But this is the second year the ACCC’s report has included statistics from a range of bodies, including its own Scamwatch, the Australian Cybercrime Online Reporting Network, and the Australian Tax Office. Having more reporting mechanisms available is likely to increase the number of people who are able to report, particularly when using a self-reporting online tool.
For example, the report says that Scamwatch received 161,528 scam reports in 2017, up 4% on 2016, with reported losses of A$90.9 million, up 8.8% on the previous year.
Trends in victimisation
Investment fraud has taken over as the category with the highest amount of financial losses, with victims reporting more than A$64 million in losses across all agencies. Reports of investment scams to the ACCC alone increased from A$23.6 million in 2016 to A$31.3 million in 2017, a 33% increase.
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Of interest, there were no new methods or techniques associated with the increase in investment fraud. Offenders are using the same methods (such as cold calling) to successfully defraud their targets.
Romance fraud was the second-highest category of fraud victimisation, with losses estimated at A$42 million across all agencies, consistent with 2016 (although losses reported to the ACCC declined). They continue to devastate the lives of many, although for the first time, more contacts were initiated via social networking than through other contact methods (such as online dating websites).
Who are the victims?
The data provided in the report shows how all demographics can be targeted and vulnerable to different types of fraud. Investment scams cut across all ages, and this was the highest category of loss across young, middle-aged and older Australians.
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It’s interesting to note (below) that young people were successfully targeted by approaches that used threats, dispelling the myth that such fraud only affects mainly older people.
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The use of threats can target a person’s physical safety (in the case of kidnapping or assault); their freedom (in the case of arrest or deportation); or their reputation (in the case of extortion/blackmail of intimate images).
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Both men and women were vulnerable to fraud, but men reported greater incidents of investment fraud victimisation (reporting A$22.8 million in losses to the ACCC) compared to a higher number of women succumbing to romance fraud (reporting A$12.7 million in losses to the ACCC).
The report also details that A$1.6 million was lost by Indigenous Australians, representing a 12% increase from 2016.
It is important to note that not all victims are individuals. Businesses were also targeted in scams, with A$22.1 million losses reported across all agencies. This occurs when offenders use malware, phishing or other social engineering techniques to intercept business communications and persuade an employee to pay an invoice to a criminal account.
This continues to prove lucrative for offenders, and highlights deficiencies in the governance processes of some organisations.
Targeting victims
While 42% of contacts were via email, social media, mobile apps or the internet, 40% of approaches were still made using the telephone. This reminds us that despite the increase in web enabled communication, more traditional methods are still successful.
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The payment methods also change to reflect an evolution in society. The use of iTunes vouchers was still prevalent, despite a large amount of awareness to warn people against this. Clearly this is still an area that needs improvement.
Unsurprisingly, requests for victims to pay using cryptocurrencies were also noted. It is likely that this will continue into the future, as these payment methods gain more momentum and legitimacy with users. There were also a number of scams based on offerings of fake cryptocurrencies. In total, A$2.1 million in loss was associated with cryptocurrencies.
Prosecution and prevention
Prosecution of fraud offences, particularly those perpetrated online, is fraught with many difficulties for law enforcement globally. In the majority of instances, it is unlikely that victims will get a criminal justice outcome. Further, the money sent is almost always gone and unrecoverable.
The prevention of fraud requires a multifaceted approach. For example, there has been a large amount of media surrounding the use of iTunes vouchers by offenders, and warnings were added to the cards themselves. But this continues to derive success, with A$1.2 million lost by victims paying through iTunes vouchers.
The ACCC has detailed disruption efforts it has been involved in with some of the intermediaries, whose services and platforms are used by offenders to perpetrate fraud.
This included financial institutions, online classifieds and social media platforms. This is a positive step and one that has the potential to make a real difference to victimisation.
In contrast, the ACCC also detailed the end of its Scams Disruption Project, which was proactively targeting potential fraud victims to warn them of likely victimisation.
Over a three year period more than 10,000 warning letters were sent to potential scam victims. About 70% of those who received the letters stopped sending money overseas within six weeks.
While this project was arguably resource intensive, the available statistics demonstrated positive benefits to this approach, and it is disappointing to see that it is no longer in operation. There is merit in investigating alternative ways to implement this into the future.
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Can we stop the fraud?
Sadly, there does not appear to be any reprieve on the horizon. The ACCC has already detailed fraud losses in 2018 so far of more than A$38 million.
This latest ACCC report reminds us of our vulnerability to fraud and while we think it will never happen to us, in all honesty, it could.
Offenders are highly skilled and tech-savvy, and expert in what they do. They can easily identify a weakness and subsequently manipulate and exploit a person, resulting in often devastating financial and non-financial losses.
But there are steps that we can take to reduce the likelihood that we will become their next victim. We should not be afraid to walk away from a situation and seek advice from others if we have our suspicions. We should not be afraid to hang up the phone, or hit the delete key on an email, if we feel unsure of something.
<img src="https://counter.theconversation.com/content/96912/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1">It is time that we started to acknowledge the gravity of fraud and the true costs to individuals and society that result from its victimisation. This report shows us that there are more than 340 million reasons why we need do better in combating fraud.
Cassandra Cross, Senior Lecturer in Criminology, Queensland University of Technology
This article was originally published on <a href="http://theconversation.com" target="_blank">The Conversation</a>. Read the <a href="https://theconversation.com/a-record-340-million-lost-to-fraud-in-australia-says-latest-accc-report-96912" target="_blank">original article</a>.
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