Following an ASIC investigation, Mr Alex Paul Gavriel, a former director of Almatt Pty Ltd (Almatt) has been sentenced to 20 months imprisonment for dishonestly using his position as a director to gain an advantage.   

Mr Gavriel, of Templestowe, Melbourne used Almatt to operate a swimming pool business in Doncaster East, Victoria. ASIC's investigation found that Mr Gavriel used his position as the director of Almatt to authorise the withdrawal of over $137,000 belonging to Almatt for his own personal use which was unrelated to the swimming pool business operated by Almatt. In addition, after Almatt was placed in liquidation, Mr Gavriel also failed to disclose to the liquidator the transfer of the company's funds and failed to provide assistance to the liquidator.

In handing down the sentence, Judge Maidment  said but for the plea of guilty the accused would have been sentenced to a period of imprisonment of 25 months, with five months to be served immediately.

ASIC Commissioner Greg Tanzer said 'ASIC is very serious about directors upholding the standards required of them by the law.'

'Mr Gavriel's sentencing sends a strong message: ASIC will ensure any director considering this kind of misconduct feels the full weight of the law.'

As a result of the conviction, Mr Gavriel will automatically be disqualified from managing a corporation for a period of five years.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions.

Background

Mr Gavriel was initially charged on 18 September 2014 on two charges of contravening section 1311 and section 184(2) of the Corporations Act  which included 20 specific counts of dishonesty.

On 31 March 2016 Mr Gavriel pleaded guilty to an indictment containing a single rolled up charge in that he contravened section 184(2) of the Corporations Act  by using his position as director of Almatt dishonestly to gainan advantage for himself.

Mr Gavriel appeared in the County Court in Melbourne on 31 March 2016 and was ordered to be immediately released on a recognisance release order for a period of three years on a recognisance of $30,000.