Acosta, Victoria - ITSA prevents fake bankruptcy ployby jilted lover

4 October 2012

Alain Omar Acosta of Deer Park, Victoria was convicted in the Melbourne Magistrates Court yesterday in relation to offences under the Criminal Code Act 1995.

Mr Adam Toma, National Manager of Insolvency and Trustee Service Australia’s (ITSA) regulation and enforcement business area, said yesterday:

“Acosta’s actions were malicious and deliberate with total disregard for his victims and the integrity of the insolvency system.”
Acosta, a twenty six year old unemployed office manager was charged with making and producing false documents to ITSA, namely, Debtors’ Petitions and Statements of Affairs completed in the names of six (6) young females known to him with the intention of having them declared bankrupt.

Acosta pleaded guilty to six (6) counts of forgery, was convicted on all counts and sentenced to a 12 month Community Correction Order with supervision, treatment and rehabilitation. He was also fined $4,000.

Acosta met two of his victims through an online dating site and decided to try and bankrupt them after they did not want to see him again. He met a further victim who had rejected his advances. The other victims were friends of the women he had dated.

The offences came to light when a victim received documentation from ITSA advising that her bankruptcy application had been accepted. The victim then contacted ITSA to advise she did not lodge the documents and was solvent.

Her bankruptcy was reversed. ITSA was able to pick up on other suspect documents as there were numerous similarities between them.

A joint investigation conducted by ITSA the Australian Federal Police (AFP) and the Australian Customs and Border Protection Service (ACBPS) found that Acosta had accessed ITSA’s website and downloaded the Debtor’s Petition and Statement of Affairs documents.

Following the execution of warrants and examination of documents submitted to ITSA, Acosta was charged with offences for forgery and knowingly producing false or misleading documents to ITSA.

In sentencing Acosta, His Honour Magistrate Rozencwajg said a conviction was called for.

“You have got to accept that you do have some issues and need to continue with treatment and acknowledge your wrongdoing to a fuller extent, in particular your attitude to women,” he said.

Mr Toma said the outcome highlights the vital role of ITSA’s enforcement program.

“It is imperative that the community is protected from this kind of behaviour and it is hoped that today’s verdict serves as a deterrent,” Mr Toma said.
Of the conviction, ITSA’s Chief Executive and Inspector-General in Bankruptcy, Veronique Ingram said, “Australia has a highly-effective personal insolvency system which is strongly underpinned by an equitable and efficient regulatory system. It’s important that Australians are confident in a system that is transparent, fair and strong.”

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