Former registered liquidator Peter Andrew Amos appeared in the Downing Centre Local Court on 19 December 2023 charged with six counts of dishonestly using his position as an officer of a company to gain an advantage for his business and himself contrary to s184(2)(a) of the Corporations Act.
Mr Amos was a registered liquidator and business owner of Amos Insolvency Pty Ltd (Amos Insolvency).
ASIC alleges that in the period 6 October 2016 to 31 December 2022, Mr Amos transferred a total of $2,498,546.45 from the accounts of the following companies to Amos Insolvency:
Mikcon Employment Services Pty Ltd (Deed of Company Arrangement) (Mickon);
TPC (Vic) Pty Ltd (Deed of Company Arrangement) (TPC);
P O W 4X4 Pty Ltd (In Liquidation) (POW);
A-Force Electrics Pty Limited (In Liquidation) (A-Force); and
Conomi Group Pty Limited (Deed of Company Arrangement) (Conomi).
ASIC alleges that once the funds were transferred, they were used to pay expenses of Amos Insolvency and for Mr Amos’ personal purposes.
ASIC alleges that Mr Amos and Amos Insolvency had no entitlement to these funds, as all approved remuneration for Mr Amos in the administrations had been paid, and no additional remuneration determinations had been made by the creditors of the companies.
ASIC also alleges that Mr Amos diverted a contribution of $500,000 for Conomi’s Deed of Compony Arrangement to Amos Insolvency. $390,000 of that amount was subsequently repaid.
Mr Amos entered a plea of guilty to the six charges and was committed for sentence to Sydney District Court for mention on 2 February 2024.
The investigation was a collaboration between ASIC and the ATO under the Serious Financial Crime Taskforce (SFCT) and is being prosecuted by the Commonwealth Director of Public Prosecutions.
