Super ‘cashback’ offerer charged

financial services business superannuation fund australian securities and investments commission corporations act

29 November 2005
| By Ross Kelly |

A man who placed advertisements in a Sydney newspaper using the catch-phrase “superannuation cashback” has appeared in Sydney’s Central Local Court charged with 22 counts of engaging in dishonest conduct.

The man, Andrew Michalik, also known as Andre Tomaszewski, was charged with dishonest conduct while carrying on a financial services business in breach of the Corporations Act.

The charges were laid following an investigation by the Australian Securities and Investments Commission (ASIC) and is being prosecuted by the Commonwealth Director of Public Prosecutions.

ASIC alleges that between December 2003 and August 2004 Michalik submitted documents to superannuation companies falsely stating that his clients were rolling over their superannuation accounts into another superannuation fund.

It is further alleged that Michalik then intercepted the cheques from the superannuation companies totalling $673,651 and deposited them into bank accounts he controlled. He retained approximately 30 per cent of the money and transferred the rest into bank accounts nominated by the clients.

Michalik was already in custody after being sentenced in December last year when he was stopped at Perth International Airport attempting to travel overseas in breach of court orders.

He was due to be released last Saturday but has been remanded to remain in custody with a bail application to be heard later this week.

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