Former registered liquidator and external administrator Peter Andrew Amos was sentenced on 13 December 2024 in the District Court of NSW to four years imprisonment after pleading guilty to charges of dishonestly using his position with the intention of gaining an advantage for his business and himself contrary to s 184(2)(a) of the Corporations Act 2001 (Cth).
The court imposed a non-parole period of two years.
Mr Amos first appeared in the Downing Centre Local Court on 17 June 2024, charged with four offences 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 2001 (Cth). A further two offences were included on a schedule to be taken into account by the Court on sentence.
Mr Amos was a registered liquidator and business owner of Amos Insolvency Pty Ltd (Amos Insolvency).
As part of the sentencing hearing, the Court heard that from 6 October 2016 to 31 December 2022, Mr Amos transferred $2,998,546.59 (plus $19,936.86 for the scheduled offences) from the accounts of Mikcon Employment Services Pty Ltd, TPC (Vic) Pty Ltd, P O W 4X4 Pty Ltd, A-Force Electrics Pty Ltd, and Conomi Group Pty Ltd to Amos Insolvency. Mr Amos was the appointed external administrator or liquidator of the companies.
Once transferred, the funds were used to pay unrelated expenses of Amos Insolvency and for Mr Amos’ personal purposes.
ASIC Deputy Chair Sarah Court said, ‘Mr Amos systematically misappropriated funds across five companies over a six-year period, amounting to a serious betrayal of trust and an abuse of the obligations expected of administrators and liquidators.
‘This sentence demonstrates that such behaviour will not be tolerated.’
ATO Deputy Commissioner and Serious Financial Crime Taskforce Chief John Ford welcomed the court’s decision saying the sentencing was a warning to those looking to use their position to exploit the system.
‘This outcome sends a clear message to those who look to gain an unfair advantage – you will be caught,’ Mr Ford said.
The Court heard that Mr Amos and Amos Insolvency were not entitled to the 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.
Her Honour Judge Tupman noted that the offending amounted to a ‘significant breach of trust.’
Due to his conviction for these offences, Mr Amos is disqualified from managing corporations for a period of five years after the date he is released from prison.
Mr Amos is no longer a registered liquidator and cannot accept any appointments as an external administrator.
