Claudio Lamanda, a bankrupt, was prosecuted in the Heidelberg Magistrates Court on 15 February 2017 for removing property within 12 months prior to the presentation of the petition which made him bankrupt.
Mr Lamanda became bankrupt on 27 June 2013 by virtue of a sequestration order. Prior to his bankruptcy, Mr Lamanda and his wife were the directors of C & T Lamanda Building Constructions Pty Ltd (in Liquidation).
Six days before C & T Lamanda Building Constructions was placed into liquidation, Mr Lamanda withdrew $266,794 from his business account and transferred the money into his personal bank account. From December 2012 to June 2013, Mr Lamanda withdrew in total of $263,643 from his personal bank account which was not declared in his Statement of Affairs.
He also made a false declaration in his Statement of Affairs, failing to declare two personal bank accounts that he had within the previous 12 months, a business account where he and his son were the signatories, as well as two unsecured creditors.
Mr Lamanda pleaded guilty and was convicted on both counts. Magistrate Tregent sentenced Mr Lamanda to perform a 12 month Community Corrections Order, with the condition that he perform 150 hours of unpaid community work, and undergo a mental health assessment and treatment.
Mr Lamanda was also ordered to pay the disbursement costs of $178 by 15 March 2017.
The matter was prosecuted by the Office of the Commonwealth Director of Public Prosecutions.