In early January 2010, ASIC arrested and charged three directors of Opes Prime Stockbroking Limited (OPSL) and Opes Prime Group Limited (OPGL) over their roles in the collapse of the failed stockbroking group.
The group was placed into receivership in March 2008 with over 650 clients and creditors owed approximately $630 million. A Scheme of Arrangement has been approved for creditors.
The three directors are Laurie Emini, Julian Smith and Anthony Blumberg. Each has been charged with offences for breaches of their duties as directors of both OPSL and OPGL. The Commonwealth Director of Public Prosecutions is prosecuting the directors on behalf of ASIC.
ASIC alleges that shortly before the collapse of the group the directors signed financial documents with financiers to obtain a loan for OPSL and OPGL and pledged the companies' assets as security to meet the obligations of a third group company and in doing so they:
- were intentionally dishonest and failed to exercise their powers and discharge their duties in good faith and in the best interests of the companies, and
- used their positions with the intention of gaining an advantage for themselves or someone else.
Each offence at (1) and (2) above carries a maximum penalty of five years' imprisonment.
The directors appeared in Melbourne Magistrates Court on 28 May 2010 and are scheduled to appear again on 28 February 2011 for a pre-trial committal hearing. It is estimated that the hearing may take three to four weeks.
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