A second person has been jailed for the $105 million Plutus payroll tax fraud with a nine-year term handed down by the Supreme Court of NSW to Patrick Willmott late last week.
Mr Willmott, 36, was convicted in March of conspiracy to deal proceeds of crime worth $1 million or more and dishonestly causing a loss to the Commonwealth.
He had been a member of a syndicate that included the son and daughter of former ATO deputy commissioner Michael Cranston and that operated a payroll fraud from 2014–17.
Plutus Payroll Australia Pty Ltd and other payroll service entities were used to divert amounts of money due as PAYG withholding tax and GST to the conspirators.
Mr Willmott jointly exercised day to day control over second-tier companies and their bank accounts used by the syndicate to withhold money and underpay a portion of the PAYG withholding and GST owed to the ATO. His role included processing payments for the second tier companies, at the direction of other conspirators.
Lauren Cranston, 30, was given eight years’ jail for her role in the scam last week while her brother Adam awaits sentencing along with two others who were found guilty on similar charges, Jason Onley and Dev Menon.
The syndicate was dismantled as part of Operation Elbrus – an AFP-led investigation involving the ATO as part of the Serious Financial Crime Taskforce (SFCT).
Acting ATO Deputy Commissioner and SFCT Chief John Ford said that the court had sent a clear signal that the community would not tolerate tax cheats.
“The sentences are a major milestone and show the commitment of the SFCT in bringing financial criminals to account,” he said.
“It doesn’t matter how sophisticated the criminals think their scheme is, our officers will detect, investigate and prosecute the most elaborate schemes and bringing the perpetrators to account.”
AFP Detective Superintendent Kristie Cressy said the sentence was one of many handed out as a result of Operation Elbrus.
“The AFP is working with the ATO to actively identify and pursue anyone who actively participates in schemes to defraud the government and live an extravagant lifestyle at the expense of hard working Australians,” she said.
“The theft and laundering of money that could be used to better the lives of others in our community will not be tolerated. You will be identified and held accountable for your actions.”
Mr Willmott’s non-parole period is six years.
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