Jail for Sunset Capital property promoter

director australian securities and investments commission corporations act

31 October 2011
| By Mike Taylor |

A Queensland property investment scheme promoter was last week sentenced to jail in the Victorian County Court on charges preferred by the Australian Securities and Investments Commission (ASIC).

The man, Gabrial Neil Pennicott, who was a former director of Sunset Capital Pty Ltd, was described as a property investment scheme promoter.

He was sentenced to more than four years jail on six charges of dishonestly using his position as a director or officer of various companies contrary to section 184(2)(a) of the Corporations Act, four charges of dishonestly obtaining property by deception contrary to section 81 of the Victorian Crimes Act, six charges of dishonestly obtaining a financial advantage by deception and seven charges of attempting to obtain a financial advantage by deception.

According to ASIC, the transactions related to transferring shares between companies he controlled at artificially inflated prices so as to change the balances of inter-company loan accounts between the companies. It said the book value of these transactions was $2,465,000.

IT said Pennicott had also been charged with transferring and attempting to transfer shares at artificially inflated prices to repay and attempt to repay amounts owed to lenders to a company he controlled in lieu of repaying the monies owed and transferring shares at artificially inflated prices to himself and another person in lieu of being repaid amounts owed to them and then transferring the same shares to another company controlled by him.

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