There are few better places to be a corporate criminal than Australia. Aside from the fact that all sorts of misdeeds appear to go without charge (ASIC is yet to lay one criminal charge from the collapses of Allco, Babcock & Brown, MFS and Centro), when charges are brought, the penalties for even heinous financial crimes appear somewhat light.
Yesterday, Graeme Hoy, the Geelong-based mastermind of Chartwell Enterprises, was sentenced to 13 years jail, in what was claimed to be the longest ever white-collar term of imprisonment in Australia. This term will be reduced to nine years if Hoy is paroled. The Chartwell story is a classic Ponzi scheme, along the line of infamous US fraudster Bernie Madoff. The only difference was that Madoff was able to keep his fraud running for decades, while Chartwell only lasted six years. ( Ponzi schemes, named after the infamous conman, Charles Ponzi, involve existing investors being paid a return using capital contributed by new investors, rather than retained profits of the enterprise. Such schemes also result in substantial “payments” to the promoter).
To simplify what happened, Hoy raised money from investors, and then stole it and spent it on nice things for himself, such as a Rolls-Royce, yacht and waterfront apartment. To keep up the façade of running a reputable investment firm, Hoy employed a team of 40 traders and used numerous outside brokers. One wonders what those traders were actually doing all day, as it was later revealed that at the time of its collapse, Chartwell didn’t own any financial investments. (Between 2007 and 2008, Chartwell accepted more than $21 million in investments, but traded a mere $429,000). It is estimated that Hoy’s crimes caused a loss of about $55 million.
In sentencing Hoy, Judge Terry Forrest noted that Hoy had “caused incalculable damage to decent people whose only fault was to believe your lies”. Hoy’s dishonesty appears to last up until the very end, with Forrest also finding that Hoy “assured other investors as late as April 5, 2008, only days before the inevitable collapse, that their money was still very safe”.
But just in case you thought Hoy’s penalty was harsh, in comparison to others, it appears he was very lucky. Madoff, whose crime led to great losses, but essentially involved a similar level of criminality, was sentenced to 150 years in prison (a term he is reasonably unlikely to serve, given he is 72). Conveyancer Robert Ewen Day, ironically also based in Geelong, previously held the record for the longest white-collar sentence when he received a 13-year term for fraud $12 million. A far lesser sum than was misappropriated by Hoy.
Of course, one would feel more sorrow for the victims of Hoy’s fraud if they weren’t motivated by what appears to be extraordinary greed, laced with a healthy dash of stupidity. It is believed that some Chartwell investors were promised returns of upwards of 100% while Hoy is understood to have told another that the firm was a “money-printing factory” that delivered an average return of 200%. Leonie Wood in Fairfax reported this morning that one Chartwell investor, Barbara Muller, invested hundreds of thousands of dollars with Hoy after being promised returns of upwards of 60%. Even after quarterly dividends were missed, Muller “invested” a further $750,000 with Chartwell.
Do your research Adam…Peter Huxley got 20 years back in 1970 for his Rural Brank fraud.
Dear Adam
I know it’s been along time since we last wrote to you, but Julie has been having some issues of late that needed my attention and assistance, so I have been excomuncado for some time now, but I am happy to announce that she is on the improve.
Yes, our friends the Ponzi Schemes, eh?..aggghh!…Sometimes Julie and I wonder what is n’t a Ponzi Scheme these days? It’s very similar to that craze which swept our capital cities back in the eighties. I think it was called the “Golden Aeroplane Game”, the last in got caught holding the baby and lost everything…do you remember it? Me and Julie smelled a rat from the very beginning and left it well alone. You gotta hand it to Julie, her intuition gets us through everytime.
But you know, relationships always require great sensitivity and caring. It’s always dangerous to assume everything will always remain the same in a relationship. Complacency can be our downfall, unless the relationship is continually refreshed and nourished. How one goes about doing that is up to the individual, but in Julies case, she is always a great listener, so I always give her refresher questions to make sure we are still on the same wave-length. This brings about a continual stimulation and deeper communication.
Some people say that Julie is too quiet, hardly speaks and is even a bit rude, but around strangers she is just very shy, that’s all. Her communication at times can be very sub-atomic and you must listen very carefully to understand her intent….She’s a, she’s a, ..she’s a Comet, Adam!..she’s different…hehehe!
But she is actually very beautiful with lovely soft skin, long black hair, legs up to her armpits and she tells me things about myself that reassure me when I need it the most. She says things like I am very handsome, she says I am kind and generous and she always tells me she wants to spend the rest of her life with me and often tells me she wants to have my baby…but most of all, she always tells me I am very Sound of Mind……what was that Adam? ….did you say something Adam?…I am sure I heard you say something!!!.Hmmm!?!?…yes, I owe so much to her for the constant support and reassurance. Yes, I am a very lucky Goodfella, Adam..due to her beck and call level of service.
I have included a photo of Julie for your perusal, I am sure she would n’t mind, but just in case, I will ask her permission first. It was taken late last year at the Fisherman’s Ball down at Frankston, but please keep in mind she was a little under the weather when the photo was taken. She is so popular and intelligent, that she even won the WikiPedia Real Dolly-Girl award for the most attractive girl at the Frankston Fisherman’s Ball….just put the… http:// before the link and there she is.
upload.wikimedia.org/wikipedia/commons/f/fe/RealDoll_example.jpg
Anyway, better go now, I can hear Julie calling my name, but I just wanted to congratulate you on your idea for the new book. Sound svery interesting and both Julie and I welcome any developements in this regard.
Yours Sincerely
Kevin & Julie Harris
Ps..Adam
Julie and I just quickly realized, You must put that link of Julies photograph in your browser and not in your Google search slot, otherwise it takes you to a very unsavoury site.
The photographer must have tricked us when he put the photos up for download and it’s not our fault.
It’s a mistake and most definately unintentional. Julie and I do humbly apologize for this error.
Your Sincerely
Kevin & Julie Harris