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Friday 3 June 2016

16-178MR Former liquidator pleads guilty to dishonestly using his position

Following an ASIC investigation, Mr Mark Darren Levi, a former employee of an insolvency firm, has pleaded guilty to dishonestly using his position as an employee of that company with the intention of gaining an advantage for himself.

ASIC alleges that between April and October 2009, Mr Levi dishonestly used his position as an employee of an insolvency firm with the intention of obtaining payments totalling approximately $92,000 from two cheques from a receivership account, which he used to pay his personal tax liabilities. The receivership account was maintained by the insolvency firm as part of the receivership of Biseja Pty Ltd (now deregistered) (Biseja).

Mr Levi has also admitted an additional offence that between 6 July and 13 August 2010, he falsified the books and records of Biseja to hide his misconduct. This charge is on a Schedule and may be taken into account by the Court when sentencing Mr Levi for the dishonesty offence.

Mr Levi was a registered liquidator until August 2013 when his registration was cancelled following ASIC's successful application to the Companies Auditors and Liquidators Disciplinary Board (refer: 13-227MR).

The matter was adjourned until 8 July 2016, when it is likely that a date for sentencing will be given.

This matter is being prosecuted by the Commonwealth Director of Public Prosecutions.

Editor's note 1:

At a hearing on 8 July 2016, the matter was set down for a sentencing hearing on 3 February 2017.

Last updated: 03/06/2016 12:00