Star Entertainment’s ex-CFO Harry Theodore to give evidence against the gaming giant and other execs

Former Star Entertainment CFO Harry Theodore will give crucial evidence about how the gaming giant used China Union Pay cards in ASIC’s looming legal fight against 10 other executives.

Former Star CFO Harry Theodore will give evidence in ASIC’s case against former CEO Matt Bekier and others.

Star Entertainment’s former chief financial officer has bolstered the corporate regulator’s case against his former colleagues, as the two sides prepare for a bruising courtroom showdown over allegations the gaming giant misled investors and  lied to lenders.

The Australian has been told Star’s former CFO Harry Theodore has agreed to provide a statement of agreed facts in support of the Australian Securities & Investments Commission in its looming court fight with the gaming giant’s leaders, slated to start on February 10.

Sources said Mr Theodore has agreed to settle proceedings in the lead-up to the court showdown, with the former CFO among the 11 Star directors and executives hit with civil penalty proceedings in December 2022.

However, lawyers for Mr Theodore said he had not agreed to give evidence against other defendants.

“Given the matter is before the court, the appropriate time for reporting this matter ought to be when the matter has been heard by the Court where all the facts and relevant background are raised in open court,” Mr Theodore’s lawyers said.

Sources told The Australian the development in Mr Theodore’s matter was set to be revealed at a Monday hearing in the lead-up to the marathon court fight, set to kick off on February 10.

However, the hearing was moved to Wednesday in a late development on Monday morning.

This comes after a subpoena filing by Star’s former company secretary and general counsel Paula Martin in early January.

Mr Theodore is understood to have agreed to provide ASIC a statement detailing the facts around Star’s disclosures to its bank NAB on the use of China Union Pay cards in the gaming giant.

The defection of Mr Theodore peels off a key party in the Star case, with sources suggesting his evidence could be critical to ASIC’s case against the gaming giant’s former chief executive Matt Bekier, general counsel Paula Martin, and former chief casino officer Greg Hawkins.

The three executives are alleged to have breached their duties by failing to address money laundering risks at Star through its links with Macau-based gambling junket operators Suncity.

They are also alleged to have misled Star’s bank NAB over the use of China Union Pay cards, which were allegedly used for gambling.

A key plank of ASIC’s case centres on the use of the cards and disclosures given by Star’s leadership. NAB, a major lender to Star, also provided the payments terminals that could accept China Union Pay cards in the hotel adjacent to the gaming giant’s Sydney casino.

China Union Pay allegedly told Star, via NAB, that “transactions relating to the purchase of gaming chips were not permitted, and NAB conveyed that to Star in 2016 and 2017”.

“In its responses, Star did not indicate that a large proportion of the funds was ultimately used for gambling,” ASIC claims in its court filings.

ASIC’s court documents cite a November 7 2019, note sent by Star to NAB which had been reviewed by Ms Martin, the general counsel, and Mr Theodore, the CFO, “which conveyed that the funds were used for non-gambling expenses such as hotel accommodation, private jet travel, tourism services, food and wine and jewellery, and that none of the funds obtained were used (whether directly or ultimately) to fund the purchase of gaming chips”.

Sources said Mr Theodore had agreed to work with ASIC on its case in a bid to close the chapter surrounding Star.

Mr Theodore could not be reached by The Australian.

ASIC declined to comment.

Justice Michael Lee must approve ASIC’s attempt to use Mr Theodore’s evidence in its ­hearing.

ASIC’s case against the 11 Star directors is among the highest profile court actions from the corporate regulator in recent years, marking an attempt to hold the gaming giant’s board and executives accountable for the alleged failures under their watch.

The regulator is pursuing former Star chairs John O’Neill and Ben Heap and non-executive directors Kathleen Lahey, Richard Sheppard, Gerard Bradley, Sally Pitkin and Zlatko Todorcevski.

The former Star directors claim they were not aware of the gaming giant’s issues.

Star, which is facing a financial reckoning, has indemnified the directors.

The former heavyweight ASX-listed gaming giant has struggled with a deteriorating financial position amid weak trading at its flagship Sydney casino and a costly outlay on its Queens Wharf casino in Brisbane. Star has been scrambling to secure a lifeline, with the gaming group signing a $60m deal to offload its Sydney Event Centre to Foundation Theatres, along with a string of other spaces within the sprawling Pyrmont complex.

Originally published as Star Entertainment’s ex-CFO Harry Theodore to give evidence against the gaming giant and other execs