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Table of Contents
Bank Fraud Exposed - Money out of YOUR Pocket!
Paul McLean is Back to Expose Bank Fraud
Bank Fraud in Australia is Systemic -
part 2 -
part 3
The Foreign Currency Loan Experience in 1980s
Australia: Dwyer v Commonwealth Bank of Australia -
2
-
3
-
4
-
5
The Quade Appeal on Decision vs CBA
-
2
- 3
- 4
- 5
- 6
- 7
Jones Letter to CBA Noting Hypocrisy concerning
Dwyer
Dwyer Letter to Kevin Rudd
Bank Fraud in Australia Is a Step Toward
Controlling the Economy and the People
Bank Fraud in Australia Is Systemic and Affects
All Australians
The Banks and Small
Business Borrowers: case studies of adversity
by Evan Jones
1
-
Introduction
2 -
Goonans
3 -
Paul Buckman
4 -
The Walter family
5 -
The McMinns
6 -
Lynton Freeman
7 -
Ross Delahunty
8 -
Keith Smith
9 -
The Somersets
10-Conclusion
Articles by Evan Jones
The NAB and Its Publicity Grabs
Innovation at the NAB and Grab
NAB accused of dirty tricks in Queensland
Bank Fraud and John Howard
Australian Four Pillars Bank Policy
Document Discovery and the Australian Courts
Final Warning: A History of the New World Order
Banks Behaving Badly
When the Bankers became Con-men
NABbed - an overcharging scandal involving the
biggest Australian bank
A Case Study in the
Adverse Small Business Environment in Australia
The Walter Family and
the National Australia Bank
-
part 2
The Victorian Courts
-
part 2
The Industry and the
Federal Authorities
The State of Victoria
and the Bracks Government
The NAB and the New
Public Relations Program
The Regulators, the Law
and Bank Malpractice
-
part 2
Conclusion and
References
Tony Rigg -Never in
Default
1 -
NEVER IN DEFAULT - Rigg
2 -
Fraudulent Swiss Franc loans
3 -
Insider Trading within a Secret Society
4 -
Corrupt Receiver and Illegal Eviction
5 -
Collusion in Government
6 -
Commonwealth Bank Code of Practice
7 -
Pioneer in Steel Structure Building
8 -
Summary of Argument on Appeal from Federal Court
9 -
Brief for Joanna Gash, Federal MP from Gilmore
Steve Heinrich's Last Submission to Federal
Court
Wilfred Taylor
Corporate Australia
Patricia Poulos, Senior
Consultant and Head of Litigation
The plight of Tony Rigg and others is a disgrace.
What a blight on the Legal System and the government, when the likes
of successful businessman Tony Rigg has had to assume the role of his
own lawyer.
Try though they may, these wonderful Australians are no match for
those who act for the banks and other lending institutions and who,
without
conscience, sacrifice these innocents to the scrapheap.
It is imperative that the battle fought is on 'legal' grounds and the
result obtained is financially beneficial to the battlers.
I am saddened that so many, spend so much of their life, with very
little reward.
I have been where these fine people are, and now have a real
opportunity to assist. I now own an Incorporated Legal Practice -
"NICHOLAS POULOS LAWYERS" and we specialise in litigation (but have a
general practice).
With my knowledge and experience, no stone will be left unturned in
researching documents in order to uncover the truth and put it before
the
courts.
I may be contacted on the email address [patricia.nicholas@hotmail.com]
and also on my pager (02) 9962.8172."
I wish you well.
Kind regards,
Patricia Poulos
Establish a Family Foundation
to obtain the tax savings, transfer tax liability, create a lucrative
retirement income, and establish a legacy
...
here |
|
 THE UNIVERSITY OF SYDNEY
Political Economy
Faculty of Economics and Business
Merewether Building
NSW 2006
AUSTRALIA
Paul Buckman and Basstech destroyed by National Australia Bank 1999
Victoria
Buckman and his partners ran a small business, Basstech Pty. Ltd., in
regional Victoria servicing the refining and manufacturing sectors across
Australia and internationally with electronic repair, calibration and
National Association of Testing Authorities’ (NATO) certification
services.
In May 1999, the directors uncovered an incidence of theft from their
company perpetrated by Mr ‘Harman’ (name changed), their financial
controller. His principal method of theft was to forge signatures on
cheques. He also forged signatures on cheques to pay legitimate creditors,
to help him hide his activities. This theft took the form of processing
legitimate creditor payments through the accounting system, then writing
the cheques payable to either himself and depositing into his bank
account, or payable as ‘Cash’ cheques. This process effectively wrote the
creditor invoice as a liability out of the accounting system, and provided
the illusion that Basstech debt to creditors had been discharged when it
hadn’t.
On 9th October 2001, Harman was sentenced to 2 years 9 months in prison
for theft, making and using false documents. Harman pleaded guilty to all
413 charges covering 184 cheques. Of these 184 cheques some, bearing
forged signatures, were used to pay legitimate creditors so convictions
for ‘making false documents’ were only recorded. The breakdown was: Theft:
total value $231,400; Making False documents (forging signatures on 152
cheques): $238,750. A value of around $7,300 went to legitimate creditors
– not theft but still bearing forged signatures, a criminal offence.
Of the 184 cheques, 71 were made payable as ‘Cash’ & converted to cash by
NAB staff totaling $133,757. Of those, 35 were referred to the NAB bank
manager for explicit signature verification and clearance, including one
to the value of $10,173 with teller’s comments on the reverse of that
cheque stating, ‘Chq faxed – signature not on system’. Regardless of
forged signatures, $10,173 was paid across the counter – no questions
asked. The first of these cheques bearing forged signatures was referred
to Basstech’s bank manager, for explicit clearance by another banker, on
the 1st of May 1998, two months after the fraud commenced.
Basstech directors uncovered the fraud in mid May 1999. The bulk of the
fraud occurred over a seven month period - November 1998 ($40,000),
December 1998 ($29,000), January 1999 ($18,000), February 1999 ($36,500),
March 1999 ($16,000) April 1999 ($14,000) and May 1999 ($54,400). The
amounts converted to cash by the NAB across the counter for November and
December 1998 and May 1999 were $37,200, $23,500 and $25,900 respectively.
Details of the case were outlined in evidence to the Country Court
Melbourne on October 1 2001, re The Queen v ‘Harman’ P00980076, and in the
transcript of two recorded interviews between Harman and the Victoria
Police investigating officer. Both the County Court and the defendant
accepted Buckman’s evidence. Harman pleaded guilty on all charges.
The issue now is the National Australia Bank’s responsibility and
culpability in these events, their duty of care, their application of due
diligence as befits the concept of a ‘Diligent and Prudent’ banker.
Buckman’s understanding of the Cheques Act 1986, and of regulatory
responsibility, is that it is incumbent upon banks and financial
institutions to perform the clearance process to validate that a cheque
presented for payment is a legal document. In settled law, it appears that
“Fraud vitiates everything, even judgments and orders of the court”
(McDonnell & Monroe, 1952: p.3).6
| 6 - Master Harrison, of
the New South Wales Supreme Court, applied this reasoning in a
recent case with similarities to the Buckman case. The bank customer
and defendant Roman Voloshin had defaulted on his mortgage payments
because of cheque fraud by a third party. Master Harrison commented:
“It is my view that it is at least arguable that the plaintiff’s
[the NAB] conduct in seeking to enforce the mortgage is
unconscionable with the consequence that the court will decline to
permit the National Bank to enforce its legal rights.” (National
Australia Bank v Voloshin, 2000, par.21) |
According to Buckman’s reading of the
law of cheques, in view of the meaning of ‘Non Negotiable’ and the effect
that a crossing (printed upon cheques) has on ownership and as direction
by the cheque signer to his/her bank, this direction by the signer is the
act that gives the bank its sole mandate to conduct business upon the
signer’s behalf. Without this mandate the bank has no legitimate authority
to remove funds from the customer’s bank account. The bank has no
legitimate title to those moneys that are the subject of fraud. The NAB
has removed and continues to hold those moneys illegally.
The NAB, as custodian and trustee of Basstech’s account, cleared 152
cheques bearing forged signatures, to the value of $238,750 from the
business account, representing 25% of the company’s annual receipts,
forcing the company into insolvency. NAB staff had physically sighted 35
of 71 ‘Cash’ cheques and still converted them to cash despite forged
signatures, cheques totaling $133,757. In addition, over the relevant
period the NAB charged Basstech $21,348 in interest, fees and charges on
those moneys that had been stolen with the bank’s acquiescence.
The NAB then used that insolvent condition as a trigger to enact
provisions of their debentures held over Basstech’s assets. The bank then
appointed a receiver and manager, Scott Partners, in late August 1999 to
strip and sell the business and assets. Subsequently the bank repossessed
further assets from Buckman’s partners and disposed of them at a
mortgagee’s auction.
The company’s operational assets were sold by the bank in late September
on knock-down terms. Assets included laboratory equipment ($50-60,000 of
test equipment for certification), vehicles, office furniture, repair
workshop, lathes, PC network and five vehicles. The receiver apparently
took tenders, and got two offers – $30,000 and $60,000. The higher offer
also demanded a proviso that all staff entitlements were paid out.
The business, including goodwill (names, logos), went down the drain. A
dozen people in a regional area lost their jobs. The business had been
growing rapidly. Gross receipts prior to the closure totaled $600,000
(1995-96), $800,000 (1996-97) and $1.04m. (1997-98). Receipts in 1998-99
were on track for $1.6m. Trade was prevented in May and June 1999, but
receipts reached $1.45m, with $100,000 of signed purchase orders which
couldn’t be filled.
Buckman and his partners were then forced into bankruptcy, the partners in
March and Buckman in June 2000.
In summary, Buckman and his partners detected the forged signatures in
September 1999, not the NAB through their encashment cheque clearing
process. Moreover, many of the 152 cheques bearing forged signatures were
faxed to the bank’s account manager in Bairnsdale, for explicit signature
verification, yet they were still cleared.
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10
History of Banking Fraud:
The Coming Battle
By M. W. WALBERT
The Coming Battle
documents from Congressional records, newspaper reports and writings by
the founding fathers and others a chronology of events long forgotten that
shaped our fledgling nation from 1776 to 1899. Read about the manipulation
of our money and its supply, the intentional creation of recessions,
depressions and panics, manipulation of the stock markets, and the
demonetization of silver.
Secrets of the Federal Reserve
by Eustace Mullins
Eustace Mullins' carefully
researched and documented treatise picks up from Walbert's expose' and
brings it to the mid 1980's
Taking Back Your Power
by Allen Aslan Heart
WHAT CAN YOU DO? Stop playing THEIR game. Take back
your power. Stop paying taxes that are not legal or lawful. Stop paying
bills you don't really owe. Stop using THEIR money. There ARE ways if you
open your mind and look for the gaps in their fences that keep the sheeple
in their pasture. Are you chattel or a real person? You are the one who
makes that choice.
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