Charges laid over alleged early super release

superannuation fund australian securities and investments commission

7 March 2006
| By Ross Kelly |

A Sydney man jailed for 18 months in December 2004 on contempt charges relating to early release superannuation has again been committed for sentence on six further charges.

The man, Andre Michalik, also known as Andre Tomaszewski, was committed for sentence on charges relating to fraudulent withdrawals on behalf of six clients of superannuation savings totalling $415,636.09. The offences are alleged to have been committed between October 2003 and June 2004.

The Australian Securities and Investments Commission (ASIC) has alleged that during this period, Michalik submitted documents to superannuation companies falsely stating that his clients were rolling their superannuation savings into another superannuation fund.

It has alleged that Michalik then intercepted the cheques from superannuation companies, totally $415,636.09, and deposited them into bank accounts he controlled, retaining approximately 30 per cent and then transferring the rest into bank accounts nominated by the clients.

Michalik and his son, Martin Michalik, were jailed for 18 months and fined a total of $200,000 in the NSW Super Court following a finding of contempt of court brought by ASIC following the pair’s arrest at Perth International Airport.

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