On 10 September 2021, Mr Richard Marlborough, Mr Colin MacVicar, Mr David Domingo, Mr Liam Young and Mr John Ramsden appeared in the Brisbane Magistrates Court charged with criminal offences relating to the collapse of the Members Alliance and Benchmark group of companies in 2016 and 2017.
The Members Alliance and Benchmark groups allegedly operated property investment vehicles on the Gold Coast, offering financial advice to retail investors. In July 2016, eighteen groups of companies were placed into liquidation with a $26 million debt owing to the Australian Taxation Office.
The charges follow an ASIC-led Serious Financial Crime Taskforce (SFCT) investigation into the collapse of the groups and alleged associated phoenix activity.
Mr Marlborough was charged with 21 counts of trading while insolvent, 10 counts of dishonestly using his position as a director, one count of disposing of property after becoming or was about to be bankrupt, and one count of fraud.
Mr MacVicar was charged with 13 counts of trading while insolvent, one count of dishonestly using his position as a director, and one count of disposing of the property after becoming or was about to be bankrupt.
Mr Young was charged with four counts of trading while insolvent and five counts of dishonestly using his position as a director whilst Mr Domingo has been charged with seven counts of trading while insolvent
The solicitor, Mr Ramsden who acted for the Members Alliance group and has been charged with aiding Mr Marlborough, Mr MacVicar, and Mr Young in their alleged directors’ duties offences. He faces eight counts of aiding, abetting, counselling or procuring the commission of an offence in contravention of the Corporations Act.
Mr Marlborough, Mr MacVicar, and Mr Domingo were at various times directors of companies in the Members Alliance group. Mr Young was a director of five Benchmark companies set up following the collapse of the Members Alliance group in mid-2016.
The matter was listed for a mention hearing on 26 November 2021 and is being prosecuted, by the Commonwealth Director of Public Prosecutions after a brief and referral from the corporate watchdog.
