Former banker jailed over $1m tax fraud

A FORMER banker tried to fraudulently claim more than $1 million in tax refunds. Then the ATO caught up with him.

Brisbane District Court Marius Anton ACKERMAN outside court during trial relation to tax and property development fraud Photographer Philip Norrish NO BY LINE

A WANNABE property developer who claimed more than $1.1 million in bogus GST refunds for three fake businesses on the Gold Coast has been jailed for seven years over the tax fraud.

Marius Anton Ackerman, 45, pleaded guilty in the Brisbane District Court to 56 counts of obtaining a financial advantage by deception and nine counts of attempting to do so between June, 2008 and June, 2010.

Judge Brian Devereaux said the serial fraudster’s offending was relentless and dishonest and ordered he pay back $1,104,565.40.

“A consummate fraudster is a dangerous person in the community,” he said.

Commonwealth prosecutor Neville Weston said Ackerman set-up three separate businesses where his wife was the sole director and engineered false claims for GST refunds.

Ackerman used three different accounting firms to file 65 separate monthly business activity statements (BAS) on behalf of the three companies without any proper basis to do so.

He wrongfully claimed $1,174,325.60 over the two years and some $1,104,565.40 was paid to him.

Ackerman attempted to claim a further $69,838 but was unsuccessful.

Mr Weston said Ackerman used false documentation, receipts, property sales data, timelines and spread sheets to support his claims to “try and throw the Australian Tax Office off his scent”.

He said the only income being generated by the three companies was the GST refunds being channelled into the bank accounts by the ATO.

The court was told Ackerman spent the money mostly on living expenses to maintain a lifestyle at a $1.3m property near Tamborine Mountain, including a $20,000 payment to a dry cleaner, point-of-sale purchases and cash withdrawals.

It heard two previous trials had to be abandoned after Ackerman sought adjournments.

Ackerman was previously jailed for multiple fraud and dishonesty offences, including for collecting money for the sale of pedigree bulldog puppies and never delivering the animals in 2009 an 2010.

Barrister Peter Nolan, for Ackerman, argued his client genuinely wanted to be in the business of property development and had previously worked in the finance industry in both Adelaide, at a bank, and on the Gold Coast, as a mortgage lender.

He said the financial recession hit Ackerman hard and his business interests came to a “grinding halt”.

Mr Nolan said Ackerman was diagnosed with depression and anxiety and came to Australia in 2002 from South Africa.

He said his client had not lived an extravagant lifestyle but that was refuted by Judge Devereaux.

“You might think that living on a $1.3 million property in the foothills of Mount Tamborine was a pretty good lifestyle,” Judge Devereaux said.

“A lot of people who go through tough times don’t move into a place like that, but let’s not call it an extravagant lifestyle and let the facts speak for themselves.”

Ackerman will be eligible to apply for parole after four years served.