MEDIA RELEASE Tuesday 29 August 2006 06 LAWFUEL – Law News Network …

Tuesday 29 August 2006 06 LAWFUEL – Law News Network – The promoter of an illegal early release of superannuation scheme has been ordered by the New South Wales Supreme Court to forfeit property to the Commonwealth following charges brought by the Australian Securities and Investments Commission (ASIC). These orders conclude proceedings against Mr Andre Michalik by the Commonwealth Director of Public Prosecutions under the Proceeds of Crime Act after an investigation by ASIC into his financial services business between October 2003 and June 2004. The orders require Mr Michalik to forfeit an investment in $5,720,000 market linked Euro Medium Term Notes held by Citibank, Hong Kong, and other assets including a Cruisers Inc 1998 fibreglass motor cruiser purchased in March 2004 for $278,000, approximately AUD$1 million held in Citibank accounts in Hong Kong, and $71,695 in cash. ‘This result should send a clear and unequivocal message to anyone who may be thinking about defrauding the superannuation system,’ ASIC’s Deputy Executive Director of Enforcement, Mr Allen Turton, said. ‘Fraudsters should understand that when they set out to commit offences against the system, they are not just risking jail, but also putting their assets on the line.’ In May 2006, Mr Michalik was sentenced to two years imprisonment in the New South Wales District Court after pleading guilty to six offences of engaging in dishonest conduct. These offences related to the fraudulent withdrawals, on behalf of 26 clients, of superannuation savings totalling $846,515. Another 20 offences were taken into account on sentence. Background ASIC’s investigation into the activities of Mr Michalik resulted from a number of newspaper advertisements featuring the catch phrase ‘superannuation cashback’, offering consumers early access to their superannuation savings for a commission. This investigation found that Mr Michalik submitted documents to superannuation companies falsely stating that his clients were rolling their superannuation savings into another superannuation fund. He then intercepted the cheques from the superannuation companies, totalling $846,515, and retained approximately $220,090 for his own use before transferring the balance into the bank accounts nominated by his clients. In December 2004, Mr Andre Michalik and his son, Mr Martin Michalik, were jailed for 18 months and fined a total of $200,000 in the NSW Supreme Court following their conviction on contempt of court charges prosecuted by ASIC. This followed their arrest at Perth International Airport on 27 November 2004 and subsequent extradition to New South Wales. For further information contact: Allen Turton Deputy Executive Director, Enforcement Telephone: 02 9911 2338 Mobile: 0411 549 236 Emma Forehan ASIC Media Unit Telephone: 03 9280 3354 Mobile: 0409 702 310

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