Two men convicted under Project Wickenby on each of 2 counts of conspiracy to defraud the Commonwealth have been sentenced by the NSW Supreme Court. The counts on the indictment presented on behalf of the Commonwealth DPP were brought under the Crimes Act 1914 and the Commonwealth Criminal Code. The 2 men were Mr Robert Francis Agius and Mr Kevin Zerafa.
The Court said the fraudulent scheme involved the payment of money by Australian companies in response to false invoices for services not received by the Australian companies, and fraudulent claims of those amounts as deductible business expenses, and the return to the directors personally of the money, masquerading as loans in order to avoid personal income tax.
In respect of the first count, the Court sentenced Mr Agius to imprisonment for 4 years and 5 months, commencing on 31 July 2012 and expiring on 30 December 2016. In respect of the second count, the Court sentenced him to imprisonment for 4 years and 6 months, commencing on 31 December 2016 and expiring on 30 June 2021. The Court fixed a single non-parole period of 6 years and 8 months, expiring on 30 March 2019.
In respect of the first count, the Court sentenced Mr Zerafa to community service work for 500 hours. In respect of the second count, the Court sentenced him to a 3-year sentence suspended on the basis of him entering into a recognisance to be of good behaviour for 3 years.
(R v Agius; R v Zerafa [2012] NSWSC 978, NSW Supreme Court, Simpson J, 23 August 2012.)
[LTN 164, 24/8]