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ASIC Takes Legal Action Against 11 Current and Former Star Entertainment Directors and Officers

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The Australian Securities and Investments Commission (ASIC) has commenced civil penalty proceedings in the Federal Court against 11 current and former directors and officers of The Star Entertainment Group Limited (Star) for alleged breaches of their duties under section 180 of the Corporations Act.

ASIC Deputy Chair Sarah Court said: “ASIC alleges that Star’s board and executives failed to give sufficient focus to the risk of money laundering and criminal associations, which are inherent in the operation of a large casino with an international customer base.”

ASIC’s case includes claims against members of the Star Board between 2017 to 2019, being John O Neill (former Chair), Matthias Bekier (former Managing Director and CEO), Kathleen Lahey, Richard Sheppard, Gerard Bradley, Sally Pitkin, Benjamin Heap and Zlatko Todorcevski.

ASIC alleges the Board members approved the expansion of Star’s relationship with certain individuals with reported criminal links, rather than addressing money laundering risk by inquiring into whether Star should be dealing with them. ASIC also alleges that Board members, when provided with information about money laundering risks affecting Star, did not take steps to make further enquiries of management about those critical risks and that this was a breach of their director duty obligations.

ASIC further alleges that Mr Bekier and Star executives Paula Martin (former Company Secretary and Group General Counsel) and Greg Hawkins (former Chief Casino Officer) breached their duties by:

  • not adequately addressing the money laundering risks that arose from dealing with Asian gambling junket Suncity and its funder, as well as continuing to deal with them despite becoming aware of reports of criminal links; and
  • not appropriately escalating money laundering issues to the Board.

As to Ms Martin and Harry Theodore (former Chief Financial Officer), ASIC also alleges they knowingly permitted misleading statements being provided to National Australia Bank (NAB) regarding the use of debit cards issued by China Union Pay International Ltd (CUP) at NAB ATMs located on Star’s premises. Those statements disguised the fact that Star was permitting CUP cards to be used for gambling, which was prohibited by CUP. ASIC is aware over $900 million was obtained by Star customers using CUP cards in NAB ATMs from 2013 to 2019. ASIC also alleges that they, and Mr Bekier, failed to report these matters to Star’s Board.

ASIC Chair Joe Longo said the role of directors was critical to a company’s general standing and performance, including how a company deals with significant issues.

“As I’ve said on many occasions, directors and officers are a critical part of the conduct of business in Australia. Their duty is to understand the operations of the company over which they preside, and the particular risks faced by the business. They are required to bring an inquiring mind to business operations. It is not ‘set and forget.’”

Australia

Newcastle Hotel Fined for Gaming Machine Offences

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Newcastle hotel out of pocket $7,540 for gaming machine offences

A Newcastle hotel has been fined $7,540 after being convicted of operating gaming machines outside authorised hours.

The licensee of the Royal Inn Hotel at Waratah pleaded guilty to 13 offences under the Gaming Machines Act 2001 in Downing Centre Local Court on March 11 following an investigation by Liquor & Gaming NSW.

Executive Director of Regulatory Operations, Jane Lin, said these were serious breaches of the state’s gaming laws.

“These restrictions are in place to reduce the risks of gambling harm by limiting the time patrons can spend playing gaming machines,” Lin said. “Apart from breaking the law, the Royal Inn Hotel placed its patrons at greater risk of gambling harm. As this case shows, venues that fail to abide by gaming machine trading hours can expect to be caught and face significant penalties.”

Liquor & Gaming NSW reviewed the hotel’s gaming activity and found that on Saturday, April 15, 22 and 29, 2023, gaming machines were operated during the shutdown period from 1am to 7am. The hotel submitted to the court that the breaches were a genuine misunderstanding of the licence conditions by the approved manager.

In sentencing, the magistrate noted the onus was on the licensee to ensure staff were appropriately trained and that a message had to be sent to those venues, which had the highly profitable right of operating gaming machines in New South Wales.

For free, confidential advice and support, call GambleAware on 1800 858 858 24/7 or visit www. GambleAware.nsw. gov. au.

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Australia

AUSTRAC Commences Investigation into Online Betting Company Bet365

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AUSTRAC has commenced an enforcement investigation into Hillside (Australia New Media) Pty Limited (bet365).

The investigation will focus on whether bet365 has complied with its obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) and follows a supervisory campaign of entities within the corporate bookmaker sector and AUSTRAC’s consideration of the external audit report received following AUSTRAC’s order to bet365 to appoint an external auditor.

AUSTRAC CEO Brendan Thomas, said betting agencies, like all regulated entities, have a significant role to play in combating financial crime.

“Corporate bookmakers must have robust systems in place to ensure they can manage and mitigate risks associated with money laundering and terrorism financing,” Mr Thomas said.

“Businesses without adequate processes in place to manage those risks leave themselves vulnerable to exploitation by criminals.”

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Australia

Aristocrat Appoints Matthew Primmer as Chief Product Officer

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Aristocrat Leisure Ltd announced the appointment of Mr Matthew (Matt) Primmer to the position of Chief Product Officer, reporting directly to Aristocrat CEO & Managing Director Trevor Croker. Mr Primmer’s appointment is effective immediately. He will join Aristocrat’s Executive Steering Committee, and remain based at the company’s offices in Las Vegas, Nevada.

Mr Primmer comes to the role with over 20 years’ experience in the global gaming industry, including ten years at Aristocrat in a range of senior product strategy, insights and leadership roles in Australia and the US. Mr Primmer has been Chief Product Officer at Aristocrat Gaming for four years, leading Design & Development (D&D) in Aristocrat’s largest operating business, with casino game content and hardware comprising its most strategically important portfolios. Mr Primmer previously held marketing and sales roles at Ainsworth Game Technology and Shuffle Master. Mr Primmer holds a Bachelor of Commerce from the University of Wollongong.

“I am delighted to elevate a global gaming executive of Matt’s calibre to our leadership team. Over the past decade, Matt has made a strong contribution to building and extending Aristocrat Gaming’s global product leadership, fostering our outstanding creative and technical talent, championing D&D and placing customer needs at the centre of our product strategy,” Mr Croker said.

“Matt’s appointment brings additional, proven gaming experience to the executive team. In his new role, Matt will help us maintain an enterprise view of product strategy as our business grows to encompass a broader range of product verticals, while also ensuring the most effective allocation of D&D investment” Croker added.

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