Dishonest SMSF dealings see Sydney woman jailed
A Sydney woman has been sentenced in the District Court of NSW after an ASIC investigation found she dishonestly appropriated money belonging to clients, including an SMSF.
Sarah Jane Busteed was sentenced to two years’ imprisonment after earlier pleading guilty to three charges and admitting her guilt in relation to a fourth offence. She must serve a non-parole period of 15 months.
In a public statement, ASIC said the charges relate to Busteed’s conduct in 2012 when she dishonestly appropriated money belonging to clients, including an SMSF.
Busteed admitted to dishonestly obtaining $57,000 from a law firm and $36,000 from a client’s SMSF account contrary to section 192E of the Crimes Act (NSW), and to dealing with $163,968 that she knew to be the proceeds of crime, contrary to 400.4(1) of the Criminal Code (Cth).
The funds were used by Busteed for a variety of purposes, including for payment of personal expenses, ASIC said.
ASIC said Busteed was employed by Murphy Dawson & Partners Pty Ltd, now deregistered, and provided services to individuals and SMSFs in relation to property investments.
Busteed was arrested and charged in relation to these offences in February 2016. She pleaded guilty in October 2017.
The two charges of dishonestly obtaining a financial advantage by deception contrary to section 192E of the Crimes Act (NSW) 1900 each carried a maximum penalty of 10 years’ imprisonment.
The charge of dealing in the proceeds of crime contrary to section 400.4(1) of the Criminal Code (Cth) carried a maximum penalty of 20 years’ imprisonment or $132,000 or both.
The charges were brought against Busteed following an ASIC investigation and were prosecuted by the Commonwealth Director of Public Prosecutions.
Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.
Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates. Miranda has also directed SMSF Adviser's print publication for several years.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.