Business Crime: Australian defendant buried under numerous charges
The vast number of charges, both civil and criminal, levelled at Dr Anula Daui Kumari Kauye is reminiscent of death-by-paper in civil litigation cases. But this time, it's authorities in Australia that are shovelling the paperwork at a defendant.
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The former director of International Consulting Group Pty Ltd (ICG), Dr Anula Daui Kumari Kauye, has been committed to stand trial on charges brought by ASIC. Dr Kauye, 57, of Toorak, faces 64 counts of trading while insolvent under the Corporations Act, 18 counts of theft under the Victorian Crimes Act, and one count of providing false information in an affidavit to the Victorian Supreme Court. ASIC alleges Dr Kauye allowed ICG to trade while insolvent between 25 July 2003 and 1 October 2004. ASIC specifically alleges that while ICG was insolvent Dr Kauye incurred debts to contractors and retail providers of approximately AUD160,000 and misappropriated approximately AUD1.5 million from US based companies.This matter was initiated as a result of ASIC’s investigations and facilitated by funding from the Assetless Administration Fund.
Dr Kauye has been bailed to appear at a directions hearing on 26 July 2010 in the Melbourne Magistrates’ Court. The trial date at the Melbourne County Court is yet to be determined.
The Assetless Administration Fund (AA Fund) was established by the Australian Government and is administered by ASIC. It finances preliminary investigations and reports by liquidators into the failure of companies with few or no assets, where it appears to that enforcement action may result from the investigation and report.
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