Shit from Adam Toma and Veronique Ingram AFSA/Penalty imposed on bankrupt reduced on appeal.
According to Matthew Osborne, Legal Officer at ASFA it complies with the Bankruptcy Act to protect Bankrupts who are in breach of the Bankruptcy Act.
Adam Toma, corrupt Enforcement Manager at ASFA has requested the Federal Police to protect this corrupt practice also.
Tue 27 August 2013
The District Court of NSW heard an appeal from a bankrupt on 22 August 2013.
On 23 April 2013, Ali Reska (aka Mireskandari) pleaded
guilty to offences against the Bankruptcy Act and was sentenced in the
Downing Centre Local Court in Sydney.
Reska was charged with making a false declaration, two counts of obtaining credit without disclosing his bankruptcy status and disclosing false information to the trustee of his bankrupt estate regarding his employment and income.
Magistrate Ryan convicted Reska and said that Reska’s actions showed a certain amount of premeditation as he had changed his name to gain a new driving licence and then used that licence to gain a loan in his new name.
On the first charge of making a false declaration, Magistrate Ryan ordered that Reska was to be of good behaviour for a period of two years.
In relation to the second and third charges of obtaining credit without disclosing his bankruptcy status, Reska was sentenced to complete 100 hours community service for each charge, to run cumulatively, resulting in 200 hours community service. On the fourth and final charge regarding the false employment declaration, Reska was sentenced to nine months imprisonment, to be released forthwith upon entering a recognizance of good behaviour for a period of three years.
Reska subsequently filed a severity appeal in the District Court regarding the penalties imposed by Magistrate Ryan relating to the second and third charges for obtaining credit and the fourth charge of disclosing false information to the trustee.
On 22 August 2013, the appeal was heard before Chief Justice Blanch who upheld the sentence imposed by Magistrate Ryan in relation to the offences of obtaining credit.
With regard to the offence of failing to disclose information, his Honour reduced the sentence from a term of imprisonment, ordering that Reska enter into a recognizance to be of good behaviour for a period of three years and a $2,000 surety.
The Australian Financial Security Authority also issued a press release on 9 May 2013 in relation to this matter.
Reska was charged with making a false declaration, two counts of obtaining credit without disclosing his bankruptcy status and disclosing false information to the trustee of his bankrupt estate regarding his employment and income.
Magistrate Ryan convicted Reska and said that Reska’s actions showed a certain amount of premeditation as he had changed his name to gain a new driving licence and then used that licence to gain a loan in his new name.
On the first charge of making a false declaration, Magistrate Ryan ordered that Reska was to be of good behaviour for a period of two years.
In relation to the second and third charges of obtaining credit without disclosing his bankruptcy status, Reska was sentenced to complete 100 hours community service for each charge, to run cumulatively, resulting in 200 hours community service. On the fourth and final charge regarding the false employment declaration, Reska was sentenced to nine months imprisonment, to be released forthwith upon entering a recognizance of good behaviour for a period of three years.
Reska subsequently filed a severity appeal in the District Court regarding the penalties imposed by Magistrate Ryan relating to the second and third charges for obtaining credit and the fourth charge of disclosing false information to the trustee.
On 22 August 2013, the appeal was heard before Chief Justice Blanch who upheld the sentence imposed by Magistrate Ryan in relation to the offences of obtaining credit.
With regard to the offence of failing to disclose information, his Honour reduced the sentence from a term of imprisonment, ordering that Reska enter into a recognizance to be of good behaviour for a period of three years and a $2,000 surety.
The Australian Financial Security Authority also issued a press release on 9 May 2013 in relation to this matter.
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