ASIC brought the charges to accountant Jason Dermot Cullen of Yarraville in Victoria, following an investigation into formerly ASX-listed communications provider NewSat Limited, after the company entered liquidation on 7 August 2015.
ASIC alleges that on 18 January 2012 and 9 August 2012, Mr Cullen, engaged to provide services to NewSat Limited, authorised the making of two invoices for accounting services that were false or misleading contrary to section 1308(2) of the Corporations Act.
The corporate regulator alleges that those invoices caused NewSat to make payments amounting to $275,000 to a private company associated with both Mr Cullen and the company’s former chief executive, Mr Adrian Ballintine.
Mr Cullen has been committed to stand trial on charges following a committal hearing before the Melbourne Magistrates’ Court, with the matter being prosecuted by the Commonwealth Director of Public Prosecutions.
Further, NewSat former chief executive Mr Ballintine will also stand trial on three charges brought on by ASIC.
ASIC alleges that on three separate occasions between 18 January 2012 and 15 September 2012, Mr Ballintine authorised the making of three invoices that were false or misleading contrary to section 1308(2) of the Corporations Act. ASIC alleges that those invoices caused NewSat to make payments amounting to $357,000 to a private company associated with Mr Ballintine.
Mr Cullen and Mr Ballintine’s trial will be heard before the County Court of Victoria on a date to be fixed. Each of the charges carries a maximum penalty of five years’ imprisonment.