Benjamin Thomas Molloy of Point Cook, Victoria has been convicted of making false statements to ob体育, contrary to sections 1308(1) and 1308(2) of the Corporations Act 2001 (Cth).
On 13 December 2024, in the Melbourne Magistrates鈥� Court, Mr Molloy was sentenced to a recognisance release order under section 20(1)(b) of the Crimes Act 1914 (Cth), with a fully suspended sentence of 12 months鈥� imprisonment on the condition he be of good behaviour for two years. The recognisance security was set at $2,000.
Her Honour Magistrate Hartnett described the offending as 鈥榦bjectively serious鈥� where the offending was 鈥榮quarely in the context of family violence鈥�, which was used by Mr Molloy to 鈥榝acilitate a structure of some complexity that promoted [his] lifestyle and the operation of [his] business interests鈥�.
Mr Molloy plead guilty to two counts of making false statements to ob体育 pursuant to sections 1308(1) and 1308(2) of the Corporations Act.
ob体育 Deputy Chair Sarah Court said, 鈥楳r Molloy failed to fulfil his legal obligations and made false and misleading representations. Today鈥檚 sentencing decision reflects ob体育鈥檚 ongoing efforts to stamp out misconduct.鈥�
This matter was prosecuted by the Office of the Director of Public Prosecutions, following a referral from ob体育.
Background
The maximum penalty for sections 1308(1) and 1308(2) when heard summarily is 12 months鈥� imprisonment.
ob体育 commenced an investigation after receiving a funded report from David Coyne of BRI Ferrier, the liquidator appointed to Consultel Cloud on 23 June 2021.鈥� ob体育 provided funding to Mr Coyne to investigate from the Assetless Administration Fund.