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Lawyers Weekly
Australia's corporate watchdog has forwarded a lengthy brief to the Commonwealth Director of Public Prosecutions recommending criminal charges be pursued against Opes Prime directors.ASIC has…
Australia's corporate watchdog has forwarded a lengthy brief to the Commonwealth Director of Public Prosecutions recommending criminal charges be pursued against Opes Prime directors.
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ASIC has investigated the role of directors in securing finance of $95 million from ANZ just days before Opes collapsed in March 2008.
The Federal Court was told the brief was extensive and ASIC predicted that it might take the DPP as long as six months to analyse it and make a decision on whether charges should be laid, reported The Age.
Sydney-based former director Julian Smith was singled out for prosecution after ASIC sought an extension to orders preventing him leaving Australia, but it also recommended at least two other directors be charged with "recklessly or dishonestly" failing in their duties as directors.
A potential civil penalty action could also be launched by ASIC against the Opes directors but will be stayed until the outcome of criminal proceedings is decided.
