On 5 April 2019, Mr Neil Russel Gordon was sentenced in the Brisbane Magistrates Court, after pleading guilty to removing property prior to becoming a bankrupt.
Mr Gordon’s wife, Helen Carol Gordon has also been charged with removal of property prior to bankruptcy. Her matter has been adjourned until 3 May 2019.
Mr and Mrs Gordon were the joint registered owners of two house properties. In November 2013 and January 2014, they sold the properties and received a total of $156,731 surplus.
Between 19 November 2013 and 11 February 2014, Mr Gordon withdrew $104,500 in cash in 23 separate transactions, and it is alleged Mrs Gordon withdrew $49,100 cash in 12 transactions from their bank accounts.
On 24 March 2014, Mr and Mrs Gordon filed for voluntary bankruptcy with unsecured credit card debts exceeding $218,000 between them.
On 25 March 2017, Mr and Mrs Gordon were discharged by law from their bankruptcy
In sentencing, Magistrate Previtera considered the offence serious, involving $104,000 over a short period of time. However, she noted it was a timely plea and the defendant had no prior convictions.
She accepted the conduct was out of character, and that he was 60 years old at the time of offending.
Magistrate Previtera took into account a psychologist’s report, but found there was no nexus between this and the offending. She noted that the defendant and his wife were living an affluent lifestyle that they could not afford, and that this is what had caused their money issues.
Mr Gordon was convicted and placed on a self-recognisance in the sum of $1,000 to be of good behaviour for two years.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions on behalf of the Australian Financial Security Authority.