Mark Estephan: Cronulla businessman on fraud charges wants to talk on speakerphone

A high-flying businessman allegedly defrauded investors of $2m has submitted a bid to have his bail varied in court.

Mark Estephan, 40, has been charged over his involvement in an alleged investment scheme. Picture: instagram.com/mark_estephan

A high-flying businessman who allegedly defrauded investors of $2m has had his bail varied after he feared he would breach his bail conditions by talking on a conference call.

Mark Estephan represented himself as he appeared at Sydney’s Downing Centre District Court, having previously pleaded not guilty to five counts of producing a false or misleading document to a specified person or entity, five counts of possessing suspects proceeds being money or property greater than or equal to $100,000 and possessing suspected proceeds possessing suspects proceeds being money or property greater less than $100,000.

The 43-year-old Cronulla man will fight these charges in a trial next year.

Estephan has pleaded guilty to six counts of providing designated remittance service while unregistered.

On Tuesday, Estephan appealed to have his bail conditions relaxed so he didn’t have to leave a conference room or family setting if another person was on speaker phone.

The court heard he was “too afraid” he would breach bail if he remained in the room, with his conditions requiring him to only use one mobile phone.

Mark Estephan faced court on Tuesday.

It sparked a confusing exchange between the crown and judge who then asked if they could “try and draft a condition” which eased Estephan’s worry.

On returning to the court, the crown refined the condition to “accommodate” the issue, with the condition refined to say “except when talking on a speakerphone using another person’s mobile phone in their presence”.

While it was accepted by Judge Hunt, the crown objected to the 43-year-old’s second request for telephone reporting.

The court heard Estephan and his mother had experienced anxiety as a result of having to remember to report each Wednesday.

However, the crown said it “really undermines the purpose of reporting” which allows police to verify accused persons are still in the jurisdiction.

The crown told the court Estephan had successfully reported every Wednesday and hadn’t forgotten “in the past”, further saying he was a flight risk, given he had no dependants, had a Dutch partner, his immediate ties to this jurisdiction were low and he held Polish citizenship.

He said if Estephan was to be convicted, he would likely receive a custodial sentence, “particularly [for] the alleged money laundering offences” and was likely to receive a big penalty for the charges he had pleaded guilty to.

The crown said Estephan was alleged to have received more than $2m “in a one-year period” and was accused of remitting “those funds” to various banks overseas.

Ultimately, Judge Hunt removed the 43-year-old’s reporting and amended the mobile phone condition.