The Fact:
Three former directors of national whitegoods distributor Kleenmaid, Andrew Eric Young, Bradley Wendell Young and Gary Colleyer Armstrong were accused of 20 criminal charges including a $13 million fraud and insolvent trading, following an ASIC investigation. The trio were charged with 18 counts of criminal insolvent trading of debts totalling more than $4 million and a $13 million fraud committed on Westpac Bank (ASIC 2012).
Gary Armstrong and Andrew Eric Young was also charged with further fraud, accused of withdrawing $330,000 from the company’s bank accounts two days before it went into voluntary administration (ASIC 2012).
The focus of ASIC’s investigation centred on the solvency of the Kleenmaid Group and a corporate restructure undertaken by the Kleenmaid directors in September 2007. ASIC alleges the Kleenmaid Group continued to trade despite becoming insolvent from March 2008 (ASIC 2012). The former directors appeared before Magistrate Ehrick at Maroochydore Magistrates Court for their first appearance on February 16, 2012. The trios were not required to enter a plea and released on conditional bail (ASIC 2012).
The matter returned to Maroochydore Magistrates Court for mention on 17 May 2012. There at Maroochydore Magistrates Court, the matter was adjourned until 21 June 2012 for a further mention at Maroochydore Magistrates Court. On 21 June 2012 at Maroochydore Magistrates Court the matter was adjourned until 20 September 2012 for a further mention at Maroochydore Magistrates Court. The Commonwealth Director of Public Prosecutions is prosecuting the matter (ASIC 2012).
The Background:
Each of the criminal insolvent trading charges under section 588G(3) of the