Case delayed for Members Alliance directors accused of swindling $2.2m from parents

The case against a group accused of swindling $2.2 million from at least 40 mum and dad investors in 2016 has been pushed to February next year.

Richard Marlborough (top left), David Domingo (bottom left), and Colin MacVicar (right). Pictures: File

The case against a lawyer and four former company directors who are together facing more than 70 charges has once again been adjourned.

Richard John Marlborough, 57, of Hope Island, Colin William MacVicar of Carrara’s Inner Circle, David Bruce Domingo, 69, of Hope Island, Liam Robert Young, 43, of Tweed Heads, and Shanan John Ryan Ramsden, 44, of Surfers Paradise are each accused of offences related to Members Alliance Group allegedly swindling $2.2 million from more than 40 people through a cold-calling scam.

It is alleged the company promised to invest their money in building homes in Queensland and NSW but did not complete all projects. The alleged victims were then left to complete construction without insurance.

Richard Marlborough (right) and his son.

Each of the five men had their charges – which they are contesting – mentioned in the Brisbane Magistrates Court on Tuesday, November 22.

Mr Domingo’s lawyer Andrew Bale told the court he would be asking the presiding magistrate to dismiss the case against his client due to the prosecution’s evidence not being strong enough to achieve a conviction.

Mr Domingo’s matter was adjourned to February 27 next year, while Mr MacVicar’s, Mr Ramsden’s, Mr Young’s, and Mr Marlborough’s were adjourned to February 7 for mention.

It comes two years after Mr Bale first expressed he was frustrated with the case’s progress and revealed his client was seriously ill with cancer.

David Domingo’s lawyer told a Brisbane court in 2020 his client had cancer. Picture: Mike Batterham

The charges against the five men are connected to the 2016 collapse of Members Alliance Group companies — of which Mr Marlborough, Mr MacVicar, and Mr Domingo were directors at various times — and Benchmark Group companies – five of which Mr Young was a director.

Mr Ramsden is understood to be Members Alliance’s former solicitor and is charged with aiding Mr Marlborough, Mr MacVicar, and Mr Young in their alleged crimes.

It is alleged both Members Alliance and Benchmark Group operated property investment vehicles on the Gold Coast, offering financial advice to mum and dad investors and enticing them to buy into properties.

Eighteen of Members Alliance’s 50-odd companies were placed into liquidation in July, 2016 with a $26 million debt owing to the ATO.

Former director of Members Alliance Colin MacVicar. Picture: Tim Marsden

Mr Marlborough’s charges are:

• One count of fraud – dishonestly causing detriment valued at or over $30,000;
• Two counts of fraud – dishonestly inducing deliver of property valued at or over $30,000;
• One count of fraud – dishonestly gaining benefit or advantage by a director or member of a governing body;
• One count of disposing or charging of property with intent to defraud within 12 months before becoming bankrupt;
• 21 counts of failing to prevent a company incurring a debt at a particular time; and
• 10 counts of a director, other officer, or employee using their position dishonestly with intent to gain advantage for themselves or others, or cause detriment to a corporation.

Mr MacVicar’s charges are:

• One count of fraud – dishonestly causing detriment valued at or over $30,000;
• One count of a director, other officer, or employee using their position dishonestly with intent to gain advantage for themselves or others, or cause detriment to a corporation;
• One count of disposing or charging of property with intent to defraud within 12 months before becoming bankrupt; and
• 13 counts of failing to prevent a company incurring a debt at a particular time.

Mr Domingo’s charges are:

• One count of fraud – dishonestly causing detriment valued at or over $30,000; and
• Seven counts of failing to prevent a company incurring a debt at a particular time.

Mr Young’s charges are:

• Four counts of failing to prevent a company incurring a debt at a particular time; and
• Five counts of a director, other officer, or employee using their position dishonestly with intent to gain advantage for themselves or others, or cause detriment to a corporation.

Mr Ramsden’s charges are:

• Eight counts of a director, other officer, or employee using their position dishonestly with intent to gain advantage for themselves or others, or cause detriment to a corporation.