Directors facing 72 criminal charges following $26m debt to ATO

Several individuals have been charged with criminal offences relating to the collapse of the Members Alliance and Benchmark group of companies in 2016 and 2017, which allegedly operated property investment vehicles on the Gold Coast, offering financial advice to retail investors.  

In July 2016, 18 group companies were placed into liquidation, with a $26 million debt owing to the ATO.

The charges follow an ASIC-led Serious Financial Crime Taskforce (SFCT) investigation into the collapse of the groups and alleged associated phoenix activity.

As a result of the investigation’s findings, on Friday, several individuals — including directors Richard Marlborough, Colin MacVicar, David Domingo, Liam Young and lawyer John Ramsden — appeared in the Brisbane Magistrates Court and were charged with a total of 72 criminal charges.

Mr Marlborough has been charged with:

• 21 counts of trading while insolvent;
• 10 counts of dishonestly using his position as a director;
• one count of disposing of property after becoming (or was about to be) a bankrupt; and
• one count of fraud.

Mr MacVicar has been charged with:

• 13 counts of trading while insolvent;
• one count of dishonestly using his position as a director; and
• one count of disposing of property after becoming (or was about to be) a bankrupt.

Mr Young has been charged with:

• four counts of trading while insolvent; and
• five counts of dishonestly using his position as a director.

Mr Domingo has been charged with seven counts of trading while insolvent.

Mr Ramsden acted as a solicitor for the Members Alliance group and has been charged with aiding Mr Marlborough, Mr MacVicar and Mr Young in their alleged directors duties offences. He faces eight counts of aiding, abetting, counselling or procuring the commission of an offence in contravention of the Corporations Act.

The matter has been listed for a mention hearing on 26 November 2021.