R v Emini and Blumberg

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. S CR 2011 0030

THE QUEEN

v

LIRIM EMINI

No. S CR 2011 0035

THE QUEEN

v

ANTHONY CHARLES BLUMBERG

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JUDGE:	BEACH J
WHERE HELD:	Melbourne
DATE OF HEARING:	18-19 July 2011
DATE OF SENTENCE:	27 July 2011
CASE MAY BE CITED AS:	R v Emini & Blumberg
MEDIUM NEUTRAL CITATION:	[2011] VSC 336

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CRIMINAL LAW – Sentence – Use position as a director dishonestly with the intention of gaining an advantage – Reckless and failing to exercise powers and discharge duties as a director in good faith in the best interests of a corporation – Plea of guilty – Cooperation with law enforcement agencies – Sentence of 24 months’ imprisonment, to be released on recognisance after serving 12 months – Sentencing Act 1991, s 6AAA – Crimes Act 1914 (Cth), ss 16A and 21E.

CRIMINAL LAW – Sentence – Use position as a director dishonestly with the intention of gaining an advantage – Plea of guilty – Cooperation with law enforcement agencies – Sentence of 12 months’ imprisonment, to be released on recognisance after serving six months – Sentencing Act 1991, s 6AAA – Crimes Act 1914 (Cth), ss 16A and 21E.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Dr G.J. Lyon SC with Mr M.J. Gibson	Director of Public Prosecutions (Cth)
For the Accused Lirim Emini	Mr R. Richter QC with Mr H.R. Carmichael	Oakley Thompson & Co
For the Accused Anthony Charles Blumberg	Ms J.A. Dixon SC with Mr H. de Kock	Efron & Associates

HIS HONOUR:

1. Lirim Emini, you have pleaded guilty to three counts of contravening s 184 of the Corporations Act 2001. Anthony Charles Blumberg, you have pleaded guilty to one count of contravening s 184 of the Corporations Act. The maximum penalty for contravening s 184 of the Corporations Act is five years’ imprisonment and a fine of $220,000.[1]

   [1]See s 1311 and Schedule 3 of the Corporations Act, and s 4AA(1) of the Crimes Act 1914 (Cth).

1. Mr Emini, the charges to which you have pleaded guilty are as follows:

(a)Charge 1:  In about July 2006, you, being a director of Leveraged Capital Pty Ltd, used your position dishonestly, with the intention of gaining an advantage for Riqueza Holdings Ltd and yourself, by causing a transfer of securities held by Leveraged Capital to Riqueza, namely 23,602,799 units of Bolnisi Gold NL shares and 34,147,750 units of Kings Minerals NL shares.

(b)Charge 2:  Between 7 January 2008 and 21 February 2008, you, being a director of Leveraged Capital, used your position dishonestly with the intention of gaining an advantage for Opes Prime Stockbroking Limited and yourself, by causing a transfer of securities held by Leveraged Capital to Riqueza, of the following:

-4,000,000 units of Coeur D’Alene Mines Corporation shares;

-651,000 units of Goodman Fielder Ltd shares;

-417,291 units of Cudeco Ltd shares;

-10,000,000 units of Kings Minerals NL shares;

-1,415,000 units of Coeur D’Alene Mines Corporation…