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Monday 19 December 2011

11-308MR Stuart Ariff jailed on ASIC charges

Former liquidator, Stuart Ariff, has today been jailed for six years following his conviction on 19 criminal charges brought by ASIC.

Mr Ariff, who was found guilty by a New South Wales District Court jury on 26 September 2011, will be eligible for parole on 25 March 2015.

ASIC Deputy Chairman Belinda Gibson, said, ‘ASIC’s decision to pursue criminal charges against Mr Ariff is a clear demonstration of our commitment to deterring misconduct by gatekeepers including insolvency practitioners.’

ASIC’s charges related to Mr Ariff's conduct whilst he was the liquidator of HR Cook Investments Pty Ltd (in liquidation) between 9 June 2006 and 29 March 2009.

In September 2011, Mr Ariff was found guilty on 13 charges under section 176A of the NSW Crimes Act concerning the transfer of $1.18 million with intent to defraud HR Cook Investments.

Mr Ariff was also found guilty on six charges under section 1308(2) of the Corporations Act 2001 of making false statements in documents lodged with ASIC recording receipts and payments relating to HR Cook Investments.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions.

Background

In August 2009, Mr Ariff was banned for life from acting as liquidator following ASIC proceedings in the Supreme Court of New South Wales. These proceedings alleged Mr Ariff had not faithfully performed his duties in relation to 16 companies (refer 09-150AD).

Last updated: 19/12/2011 12:00