Steven Phillip Heaton of South Melbourne, Victoria has pleaded guilty to two charges of fraud totalling $1,092,500.33.
Mr Heaton was a former director of Independent Products Pty Ltd A.C.N. 169 714 032 (now deregistered) and HVPS Holdings Pty Ltd A.C.N. 169 713 615 (In Liquidation). The companies were incorporated to commercialise an air-conditioning invention that claimed to have significant energy efficiencies.
An ASIC investigation found that on or about 9 November 2015, Mr Heaton made false representations to an investor about the claimed energy efficiencies produced by the air conditioner and that BHP Billiton Limited (as it was then known) had agreed to purchase 100 units for its mining operations in Queensland, when this was not the case. Based on his representations, the investor loaned Independent Products Pty Ltd $117,500.
Between about 31 August 2015 and about 20 January 2017, Mr Heaton made similar false statements to a number of investors who collectively invested a total of $975,000.33 with Independent Products Pty Ltd and HVPS Holdings Pty Ltd.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions after a referral of a brief of evidence by ASIC.
The matter has been listed on 16 November 2022 for a plea hearing.
Background
Mr Heaton was charged with breaching section 82(1) of the Crimes Act 1958 (Vic) which carries a maximum penalty of ten years imprisonment.
Mr Heaton was also charged with breaching section 191(1) of the Crimes Act 1958 (Vic) which carries a maximum penalty of fifteen years imprisonment.
Mr Heaton was initially charged with nine counts of fraud offences (20-176MR). Eight charges under section 191(1) were rolled up into one single charge, to which Mr Heaton pleaded guilty, and will be taken into account in sentencing.
Editor's note 1:
The plea hearing has been adjourned to 23 November 2022.
Editor's note 2:
On 23 November 2022, the plea hearing commenced. The part-heard plea hearing is adjourned until 3 April 2023.
Editor's note 3:
A sentencing hearing took place on 3 April 2023. The decision was reserved and the matter has been adjourned to 9.30am on 19 April 2023.