Pre-insolvency advisor jailed for financial deception

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Today, the sentencing decision in the matter of The Director of Public Prosecutions v John Michael Voitin was handed down in the County Court of Victoria.

For the offences of perverting the course of justice and obtaining financial advantage, His Honour Judge Meredith issued an overall sentence of 3 years' imprisonment, with a minimum of one (1) year to be served.

In handing down sentencing, His Honour Judge Meredith made the following remarks:

'As a legal professional, dishonesty and fraud-based offending is a serious matter, especially as Voitin used his capacity as an officer of the court to deceive the justice system, his clients, and their creditors.

'Under such circumstances, general deterrence is an important factor to communicate to other members of the legal profession that this conduct is unacceptable and shall be punished.'

The Australian Financial Security Authority (AFSA) welcomes the Court's decision. This matter is the result of a joint investigation between AFSA and the Australian Federal Police into the fraudulent activities of Melbourne-based lawyer John Voitin. These investigations identified an elaborate scam targeting business owners experiencing financial difficulty or bankruptcy.

AFSA Chief Executive and Inspector-General in Bankruptcy, Tim Beresford, said:

'Mr Voitin engaged in activities with the intent to defraud, submit false declarations and unlawfully dispose of assets.

'Unfortunately, there are people who deliberately manipulate the system to their personal advantage, harming individuals who are experiencing financial difficulty.

'AFSA is committed to ensuring that individuals or businesses who exploit the credit system at the expense of Australians experiencing financial vulnerability are investigated and held accountable.

'Our 2025–26 Regulatory Action Statement identifies "Harmful insolvency advice and encouraging debtors not to comply with their obligations under the Bankruptcy Act" as a key harm in the Australian credit system and an area of focus for AFSA.

'This case highlights the need for people experiencing financial difficulty to ensure that any financial advice comes from a qualified and trustworthy source.'

A spokesperson for the Australian Federal Police, Leading Senior Constable Anthony Martin, said:

'This scheme was deliberately set out to exploit the financial and legal system. It disadvantages honest businesses and the broader Australian community.

'Anyone involving themselves in these types of practices is engaging in criminal behaviour and you will be caught.'

Mr Voitin's defence lawyer suggested that Mr Voitin's reputation had unfairly suffered over recent years. His Honour Judge Meredith responded by noting Mr Voitin was the architect of his own demise by bringing his own personal knowledge to bear for the purpose of perpetrating a fraud.

Mr Voitin was remanded in custody on 1 September 2025 after pleading guilty to 2 counts of obtaining financial advantage by deception and one count of perverting the course of justice.

When remanding Mr Voitin in custody, the Court agreed with the Prosecution submissions that the only appropriate sentence having regard to the seriousness of the offences is a custodial sentence with a period of imprisonment to be served.

Along with AFSA's role in working with authorities to prevent and report misuse of Australia's credit system, AFSA also supports individuals experiencing financial uncertainty.

Free advice can be obtained through the National Debt Helpline on 1800 007 007. People can also talk to registered trustees, financial counsellors, bookkeepers, or accountants.

Visiting the AFSA website can be a great place to start.