The Australian Taxation Officeโs (ATO) hunt for GST fraudsters continues as four more individuals are sentenced following action of Operation Protego.
These recent sentencings reinforce the ATOโs unwavering commitment in investigating and holding all offenders to account.
ATO Deputy Commissioner and Serious Financial Crime Taskforce (SFCT) Chief John Ford said the ATOโs ability to detect and halt GST fraud is unwavering.
โOur fraud detection and prevention capabilities are advanced thanks to partnerships, technologies, and risk models all working together to stay ahead of fraudsters and criminals,โ Mr Ford said.
Included in these sentencings are individuals who, at the time of offending, were current employees and contractors at the ATO. Once their involvement was identified, their employment ceased.
โWe expect all staff to act with the highest levels of integrity and these individuals violated the trust placed in them by the community.โ
โThe community rightly expects all ATO staff to act with the highest levels of integrity. Those who do not meet our values have no place at the ATO,โ Mr Ford said.
Latest sentencing outcomes:
- Kimย Orense was sentenced in Penrith District Court to 18 monthsโ imprisonment, to be released onย recognizance after serving 10 months subject to conditions to be of good behaviour for 2 years and to accept the supervision and guidance of Community Corrections, for dealing in money or property that was and whichย Mr Orense believe to be the proceeds of indictable crime, contrary to subsection 400.4(1) of the Criminal Codeย (Cth). Between October 2021 and April 2022, 14 false business activity statements (BAS) were lodged in Mrย Orenseโs name, which resulted in him receiving $214,011 in fraudulent GST refunds. He transferred these fundsย to other bank accounts or associates, including Abigail Ussher, his former partner, who has also beenย sentenced. A search warrant conducted in June 2022 at Mr Orenseโs residence found no business records,ย invoices, tools or equipment, that would suggest he was carrying out a house repair business that he claimed.
- Abigailย Ussher was sentenced in the Penrith District Court to 12 monthsโ imprisonment, to be released on recognizance after serving 5 months subject to conditions to be of good behaviour for 2 years and to accept the supervision and guidance of Community Corrections, for dealing in money or property that was and which Ms Ussher believed to be the proceeds of indictable crime, contrary to subsection 400.4(1) of the Criminal Codeย (Cth). In 2022, Ms Ussher lodged 3 original and 4 revised BAS and received $117,297 in refunds through anย ABN she claimed was for a business that provided crime scene cleaning services. Upon receiving the funds, Msย Ussher transferred them to personal accounts, or other third parties. She transferred funds to Kim Orense, herย former partner, who has also been sentenced. An investigation into Ms Ussherโs bank activity and a searchย warrant on her home concluded that she was not carrying out a business and therefore not entitled to theย refunds she had claimed.
- Formerย ATO employee Menuwarage Ranasinghe was sentenced at Adelaide Magistrates Court to 4 monthsโย imprisonment with an order that she be released immediately upon giving security by recognizance of $500 toย comply with a condition that she must be of good behaviour for 18 months for three counts of the offence of
obtaining a financial advantage by deception. Ms Ranasinghe lodged three BAS which misrepresented theย creditable expenses incurred by her business and, as a result, obtained $16,056.00 in GST refunds. - Formerย ATO contractor Baby Dee Zearwie was sentenced at Melbourne County Court to 8 monthsโย imprisonment, and immediately released on a two-year recognizance release order for 1 count of obtaining a financial advantage by deception by joint commission and 1 count of obtaining financial advantage byย deception. Ms Zearwie obtained $87,649.60 in fraudulent GST refunds. She was also ordered to make reparations of $23,709.43.
These matters were prosecuted by the Office of the Director of Public Prosecutions (Cth)(CDPP) following a referral from the ATO.
You can confidentially report suspected tax crime or fraud to us by making a tip-off online or calling 1800 060 062.
For more information about Operation Protego including recent sentencings, visit ato.gov.au/protego.