By Sarah McPhee
After a nine-month trial and two months of deliberations, a jury has found a fifth person guilty of a $105 million conspiracy to defraud the Tax Office.
Patrick Willmott, 36, faced trial in the NSW Supreme Court after pleading not guilty to conspiring with another to dishonestly cause a loss to the Commonwealth, and conspiring to deal with more than $1 million believing it to be the proceeds of crime.
Patrick Willmott is the last of the conspirators found guilty of defrauding the Commonwealth of more than $105 million.Credit: James Brickwood
After deliberating since January 18, the jury on Tuesday morning unanimously found Willmott guilty of both charges.
Adam Cranston, his sister Lauren Cranston, solicitor Dev Menon and former professional snowboarder Jason Onley all faced trial alongside Willmott since April 2022 and were found guilty of both charges earlier this month.
The Cranston siblings are the children of former ATO deputy commissioner Michael Cranston, who the jury was told was not accused of any wrongdoing.
The Crown had alleged the five accused agreed upon a scheme with others to not remit 100 per cent of PAYG (pay as you go) withholding tax and GST (goods and services tax) to the ATO from clients of the payroll business Plutus Payroll, and siphoned $105 million between March 2014 and May 2017.
From left to right: Jason Onley, Adam Cranston, Lauren Cranston, Patrick Willmott and Dev Menon.Credit: Brook Mitchell, Oscar Colman, Rhett Wyman
The tax debt was alleged to have been held by second-tier companies. The Crown alleged at trial that Willmott, a school friend of Adam Cranston, was involved from day one managing inaugural second-tier company Keystone, which the Crown said was left with a tax liability of $6 million.
Barrister Luke Brasch argued Willmott was not a party to either conspiracy and, if they existed, he did not know about them.
As he discharged the jury, Justice Anthony Payne thanked them for their “substantial” and “incredible public service”.
“Your dedication to your task has been truly outstanding over the almost 11 months that we’ve been together,” the judge said.
He said they were each excused from jury service for 20 years.
“For the final time, please leave the courtroom,” the judge said.
All five co-offenders will be sentenced at a later date.
Our Breaking News Alert will notify you of significant breaking news when it happens. Get it here.