Episode Transcript
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0:02
The
0:02
Australian Federal Police, or AFP,
0:05
is Australia's national policing agency.
0:07
Its role is to outsmart serious
0:10
crime with intelligent action. The
0:13
AFP is opening their case vault
0:15
to give us detailed insight into their
0:17
investigations, tactics and,
0:20
most importantly, perseverance
0:22
through this Crime Interrupted podcast. As
0:26
the national law enforcement agency with
0:28
international reach, the AFP
0:30
investigates and disrupts crime,
0:33
aiming to minimise the damage inflicted
0:35
on victims while maximising
0:37
the damage to the criminal environment.
0:40
Some of these cases may surprise you
0:42
with the extent criminals are prepared to go
0:45
to, and that these crimes do
0:47
in fact occur or are planned in
0:49
our own backyard. Once
0:52
you get a glimpse into the AFP and what
0:54
it does to protect our way of life, you
0:56
will be glad the AFP has your back.
1:01
Just a reminder that the operation
1:03
that follows is true crime and
1:05
listener discretion is advised.
1:31
The Melbourne Waterfront has a colourful criminal
1:33
history of murder and mayhem. It
1:36
was once ruled by the notorious Federated
1:38
Ship Painters and Dockers Union, known
1:40
for short as the Painters and Dockers.
1:44
Members included such characters as Alfred
1:46
the Ferret Nelson, Freddy the Frog
1:49
Harrison, Jack Twist and
1:51
Billy the Texan Longley. One
1:54
story that has the status of an urban
1:56
legend happened in 1958.
1:59
Frog Harrison went to the docks
2:01
to collect his pay packet and to return
2:03
a borrowed trailer. As
2:06
he was removing the trailer from his car,
2:08
a gunman appeared out of nowhere and shot
2:10
Harrison in the head.
2:13
There were 30 men there that day. No
2:16
one saw anything.
2:18
Twelve said they were in the toilet when
2:20
the shooting happened.
2:22
It must have been crowded, because the
2:24
toilet had only two stalls. The
2:29
painters and dockers were notorious for solving
2:31
problems with violence and gunfire.
2:35
It was the subject of the Costigan Royal
2:37
Commission which began looking into the state
2:39
of the wharfs in 1980. The
2:42
Royal Commission found that the painters and
2:44
dockers union actively recruited hardened
2:47
criminals and there were 15 murders
2:49
linked to its members or union activity.
2:53
The Royal Commission also identified crimes
2:56
such as assaults, tax fraud, drug
2:58
trafficking and intimidation. Those
3:02
days ended with the deregistration of the
3:04
union in the early 1990s and
3:06
the troubled and violent past was put
3:09
to rest.
3:10
But that doesn't mean the waterfront
3:12
isn't still vulnerable to crime. What
3:16
happens now is less overt than the
3:18
days of gun battles and murders, but
3:20
that's not to say that wharfs all around
3:23
Australia aren't still places for law
3:25
enforcement to monitor closely. The
3:28
multi-agency Trident task force
3:30
was set up to look at the waterfront and
3:32
identify any areas of vulnerability.
3:35
Inspector
3:37
Matt Cronert from Victoria Police
3:40
joined the Trident task force at the beginning.
3:43
He'd had experience with the joint
3:45
agency task forces and appreciated
3:47
the value of sharing information and
3:50
expertise.
3:59
And as a result, decisions were made to create
4:02
joint task forces, not just in Victoria,
4:04
but around the country. And
4:07
eventually four joint task forces
4:10
were created, and Trident was
4:12
the Victorian
4:13
task force. But I already had a background
4:15
in the joint agency policing. So I always
4:17
asked if I'd be prepared to help set up the new task
4:19
force, I mean Trident,
4:21
as a proper joint agency task
4:23
force. We're a little bit different to
4:25
the other three in that we were state-led,
4:28
so Victoria Police actually had the lead,
4:30
whereas the other three around the country were
4:32
AFP-led. So it was a little bit of a difference,
4:35
but in reality it was joint agency,
4:37
so it didn't really matter
4:38
who the leader was. We had
4:41
Victoria Police AFP, ATO
4:44
had a member embedded, OSTRAC had
4:46
a member embedded, and we
4:48
also had access through the operational
4:51
arm of customs as well, so we had the uniform
4:54
presence to be able to do some of our disruption work for
4:56
us. Matt explains
4:58
that the power of interagency policing
5:00
lies predominantly in information sharing
5:03
without the usual restrictions.
5:05
We had a blended team.
5:07
We also had access directly into the
5:09
intelligence functions of all agencies,
5:11
so all six agencies have their
5:14
own intelligence areas, but
5:16
they were all actually co-located within the building.
5:18
So that gave us the opportunity to be able to
5:22
go directly to the intel cell and
5:24
get all information that was held in relation
5:26
to particular entities,
5:28
which is unusual. In state-based policing,
5:30
you'd normally just have access
5:32
to your own information, and then information
5:35
you wanted from other agencies, you need to do formal
5:37
requests. They can take quite some
5:39
time. Some of the agencies may take
5:42
three to six months to come back with the intelligence that
5:44
you require.
5:45
So it might be a case that we have an entity, we
5:48
check Victoria Police indices, we have
5:50
nothing.
5:51
Normally for us we'd go, that's the end of it, but
5:53
then we could go and check AFP,
5:55
customs, tax, and you end
5:57
up getting a full picture of what it was that you had.
5:59
you were looking at. So we may have nothing, AFP
6:02
may have nothing, but customers may
6:04
go, hang on, we have this information
6:06
or intelligence here to suggest that the entity has
6:08
been involved in importing drugs, but
6:10
we haven't been able to prove it.
6:11
So it might be that's the vital piece
6:14
of evidence or information that we need to
6:16
commence an investigation. So that was the
6:19
big advantage of being in the joint past four spaces
6:21
that we had access to.
6:22
All this intelligence was shareable under
6:25
a memorandum of understanding, which
6:27
meant there were no formalities that needed to go
6:29
through just to have a check done.
6:32
Victoria Police were integral, as
6:34
was everybody else, because we were all working
6:36
together. The Trident
6:38
task force had an important grief. Its
6:41
focus was on organised crime.
6:43
What
6:44
Trident was formed for, it
6:46
was to prevent, deter and defeat serious
6:49
and organised crime, but we also looked
6:51
at vulnerabilities on the
6:53
waterfront. So there was the criminality aspect
6:56
of it, so the organised crime, but
6:58
we're also there to try and target harden the
7:00
environment, to stop the criminals
7:02
from being able to use the vulnerabilities
7:05
through the waterfront,
7:07
to
7:08
perhaps stop them being able to exploit those
7:10
vulnerabilities. So a simple example,
7:13
identify there's no security cameras down
7:15
at the docks on a particular part of a fence. We
7:18
find the fence has been cut. So we then work
7:20
with the container terminal operators or the
7:22
Port of Melbourne, so it might be as simple as putting up
7:24
a CCTV camera. It might be
7:26
around processes of people entering and exiting
7:28
the wharf. So we identified those
7:30
vulnerabilities
7:31
in order to try and reduce the opportunities
7:34
for organised crime to exploit those
7:36
vulnerabilities. Scott
7:39
is a leading senior constable who has been
7:41
with the AFP for 17 years.
7:44
He worked over a variety of crime types
7:46
before joining the Trident task force.
7:49
His focus was on the Melbourne wharves.
7:53
Like Matt, Scott saw the strength
7:55
of the Trident task force was in its
7:57
partnerships. of
8:00
organisations that were attached to
8:02
the task force around Australia to support
8:06
each of the areas so customs would
8:08
help
8:08
Australian Federal Police and Australian Federal Police
8:11
help Victoria Police and other agencies
8:14
in that work so that everyone would support each
8:16
other. With the Trident task
8:18
force set up to identify vulnerabilities
8:21
on the waterfront, one of the main crimes
8:23
that had flourished since the bad old days
8:25
of the painters and dockers was drug
8:27
importation. A
8:29
lot more drugs were coming through into
8:32
the borders and we're finding more
8:34
and more narcotics and border control
8:36
drugs even chemicals coming through we need
8:39
to address it the task force gets created
8:41
and we're there to identify vulnerabilities
8:43
and that could be something as simple as
8:46
people walking off ships or multiple
8:48
containers coming through filled with narcotics.
8:51
I
8:51
think that it has been a long-standing
8:54
issue rather than
8:55
sticking to the same strategies we need to be
8:58
proactive and look at a better option and I think that's
9:00
where the task force came into it.
9:02
The more the Trident task force investigated
9:05
all aspects of the docks the more
9:07
they found areas of vulnerability.
9:09
It could be something as false licensing
9:12
of truck drivers it could be security
9:14
workers it could be actual workers on site
9:18
even something I mentioned before when shipping
9:20
crew come off and they've got
9:22
their 24-hour access leave what
9:25
are they bringing into the country via backpack
9:27
you've got waterways that may or may not
9:29
be caged off or secured
9:31
in any way so therefore can
9:33
someone just drive a boat in and here's
9:36
some stuff see you later they're
9:38
all the things that we found along the way that
9:40
are part of the problem so it was
9:43
a case of we need to act and be proactive
9:46
what we've learned from previous operations
9:49
to future ways people are trying to get
9:52
importation through you've always got to try
9:54
mitigating as many risks as possible
9:56
and that was part of what the task force
9:58
was designed for
10:00
As well as drugs coming through the waterfront,
10:02
the Trident team found other vulnerabilities.
10:06
There were a number of other offences identified
10:08
where truck drivers would be driving a truck
10:10
to collect containers but not using
10:12
their own ID, using somebody else's, or not
10:14
even registered to the company. Vulnerabilities
10:18
could be anywhere right through
10:20
to anything that would come into the border
10:23
that could potentially pose a threat to
10:25
the Australian population.
10:28
Some of those could have been something as easy
10:30
as a cruise ship person, something
10:32
where it's got dropped off the side of the ship,
10:35
access containers while
10:36
docking and things happening, you know, import,
10:39
waiting to come into dockside,
10:42
even right down to background checks
10:44
of individuals. What length does each
10:46
company go to before hiring?
10:49
So there was several main
10:51
things that we looked at, but obviously predominantly
10:54
the border control drugs was the main
10:56
part of the vulnerabilities of
10:59
detecting and deterring.
11:01
With so many different potential crime
11:03
types, the Trident task force was
11:05
an incredible opportunity for those working
11:08
it.
11:09
It gives you the opportunity to learn, develop and
11:11
increase your own skillset because you're looking at completely
11:13
different offence types. You
11:16
need to look at how you're going to gather the
11:18
evidence to meet all those
11:20
requirements in order to be able to lay charges.
11:22
So for us and I
11:24
think for most of the guys who are attached to the team,
11:28
we're extremely excited that something
11:30
new and something that was never really achieved
11:32
before came to fruition and
11:34
that everyone took it and really
11:37
worked hard at creating
11:39
what was the Trident task force. Working
11:42
in the multi-agency space, each
11:44
agency had its areas of expertise.
11:47
Victoria Police for State Offences, ourselves
11:50
as Commonwealth,
11:51
customs guys purely for getting in
11:53
and around and access to waterfront organisations
11:55
like Australian Tax Office that would come in and
11:57
assist.
11:58
And they're all sort of...
12:00
mesh together in a way that we could bounce
12:02
off each other. So it would be a case
12:05
of, okay, we can't deal with this. Can you guys look
12:07
at this? It might be a case of a GST
12:09
component that they can look at and
12:11
liaise with the company and say, look, you haven't met
12:14
your requirements. Let's get this up to speed.
12:17
The beauty of these partnerships when everyone
12:19
works together in the same space is
12:22
that an AFP investigator might be
12:24
sitting at the desk next to an expert
12:26
from the Australian Tax Office. And
12:28
the two might discuss tax or GST
12:31
solutions to an investigative problem.
12:33
You're actually walking away probably a 10 time
12:36
better investigator with
12:38
that knowledge saying, okay, well, we can't
12:40
do this, but let's look at option B, C
12:42
and D.
12:44
As part of the Trident task force,
12:46
information came to light that a major
12:48
security company was paying cash wages
12:51
to employees. Rival
12:54
companies had reported this practice to the
12:56
AFP because it made it impossible
12:58
to compete for business.
13:00
If cash is being paid on a large scale
13:03
to employees, then chances
13:05
are the company involved is dodging
13:07
its tax obligations.
13:10
This means it can outbid any competitors
13:12
for contracts.
13:14
Boscabelle, I guess, is a sub operation
13:17
within Trident. So Trident's the overarching
13:19
task force and each of the teams would
13:21
have their own investigation. So operation
13:23
Boscabelle was an investigation that
13:25
was assigned to my team. But
13:27
the way that the investigation commenced was we
13:30
have some very intelligent people within
13:32
the intelligence field. And
13:34
we had a particular customs analyst who
13:36
had done a lot of research and
13:39
there was intelligence coming in to suggest that a particular
13:41
company was doing some cash
13:43
payments that they were running things off the book. But
13:46
there was also some strong links back to organised
13:48
crime. So she put together an intelligence
13:51
brief in relation to what she'd found. And
13:54
that was presented to me. And then I pushed that up
13:56
to our command
13:57
saying, I really believe this huge vulnerability.
14:00
is here because it linked directly back at that stage
14:03
to the waterfront. So as the investigation
14:05
progressed, the focus changed a bit, but
14:07
the initial focus was around vulnerabilities on the
14:09
waterfront and how they might have been exploited by organised
14:12
crime.
14:13
So why is using cash payments
14:15
to run things off the books such a
14:17
red flag where the waterfront is concerned?
14:21
You have people potentially who aren't qualified
14:23
or don't hold the appropriate licence to be working
14:26
down on the docks. They're getting paid cash. So
14:28
the vulnerability potentially is that they're then influenced
14:31
by their superiors to allow particular
14:33
things to happen. So for instance,
14:35
and I'm not saying this is what the company did, but
14:37
there's a potential for the phone call to be made
14:40
to say a particular container is going to come off
14:42
the wharf and be driven through the gate. Don't make
14:44
any inquiries, just let it go.
14:46
So there was supposed to be a
14:48
matching system so that they check as they exit
14:51
the docks that the container
14:53
on the truck matches. So
14:55
it may be a case that the security guard didn't
14:57
check the number on the container and the wrong
14:59
container has been taken off the dock. So
15:02
our concern was around what the vulnerability
15:04
was
15:05
with the security guards, whether there was corruption
15:07
within security guards and what influence the company
15:10
may have had on those security guards to
15:12
allow particular things to happen.
15:15
At the beginning of the investigation, all
15:17
of this information still had to come to light.
15:20
The team at Trident and then Operation
15:22
Boscobell first had to gather their intelligence.
15:25
Then decide how they were going to proceed.
15:29
Soon, one big company emerged
15:31
as a main offender in off the book's payments.
15:34
So there was a lot of other intelligence that
15:37
came in within that intelligence brief. So
15:39
we're looking at links to organised crime.
15:42
So the cash payments were a small part
15:44
of it, but it was also what
15:47
we saw as the vulnerability through the influence
15:49
of organised crime figures on the company.
15:52
So there was potential for people
15:54
to be placed in positions.
15:56
So they put their own people in. There
15:58
was potential for...
15:59
security guards allowing things just to come
16:02
out through the gates. So we
16:04
saw this as being a real vulnerability
16:06
to be exploited by organised crime through the
16:09
company. Cash payments were
16:11
their mechanism for getting
16:13
people into places. We took
16:16
a four-pillared approach, which was a
16:18
little bit unusual. Normally with our investigations
16:20
it's criminal. We're looking at the criminal aspect
16:22
of it. With this one we looked at
16:24
regulatory, so we had a look at their licensing
16:27
criminal, which was the eventual charges.
16:30
We engaged the tax office in relation to their
16:32
ability to investigate
16:34
around the taxation issues. And
16:36
we also had process of crime, so
16:39
we're looking at potential money laundering, whether
16:41
using
16:42
the cash payments as part of the
16:44
end of a money laundering cycle.
16:46
So we took this four-pillar approach to
16:48
try and make sure that we covered all
16:51
our bases in relation to doing the investigation
16:54
to get the best result.
16:56
Anytime cash is being paid in large
16:58
amounts, especially on the wharves,
17:00
it's a red flag.
17:02
It's a vulnerability that we need to definitely look
17:04
at
17:06
by unfolding through the
17:08
information that we receive from the public
17:11
and then doing, obviously, further enquiries on
17:13
that. A lot started coming to light, and
17:15
we thought, OK, this is beyond the point of
17:18
us just receiving more and more info.
17:20
It's more of a case of, let's look
17:22
at this closer. And we found
17:24
over the time that the more we looked at it, the companies
17:27
around Australia were having pretty
17:30
much a 50-50 on the books, off the books regime.
17:33
And part of that was contract-based,
17:36
so a particular contract may be attached
17:38
to a venue or a waterfront
17:40
or whatever it might be.
17:42
As for the people on the receiving end of the
17:45
cash payments, some knew that it was
17:47
a rort, while others may not
17:49
have. Matt
17:51
doesn't think there was a strong understanding from
17:53
the workers on just what they were missing
17:55
out on by receiving cash.
17:58
I think some people... want
18:00
to know. It was a job, they were getting paid and
18:02
they were happy with that because bearing in mind of course
18:04
it's well below what wages but the fact
18:06
that tax is not being paid into that probably
18:09
plays into their mind about thinking well it's
18:11
not so bad that I'm getting paid less because
18:13
of course that was all part of the off the books
18:15
business model around how
18:17
the company could win the contract so cheaply. It was
18:20
around that business model of not paying tax, not paying
18:22
super. So they'd be looking
18:24
for people that were prepared to
18:26
take the money
18:27
without all the other things that went behind it
18:29
so I think you had vulnerable people that were desperate
18:31
for work and weren't concerned
18:34
probably people who didn't understand and
18:36
I think probably those that didn't care.
18:39
If a worker is paid cash that
18:41
usually means the employer is not paying
18:44
tax on their behalf or superannuation
18:47
or the work cover premium or
18:49
payroll tax.
18:51
They're also not allowing for any worker entitlements
18:54
like sick leave, carers leave, holiday
18:56
pay or long service leave.
18:59
Not having to pay all of those things gives
19:02
a company the ability to undercut other bids
19:04
by 30 or 40 percent.
19:07
The more the Trident task force looked into
19:09
it the more widespread they found
19:11
this practice to be.
19:13
The company doing it was rapidly
19:16
expanding as a result.
19:18
That's what we start to see from a lot of the
19:20
primary companies is the fact that all
19:23
these contracts that were in and around the various
19:25
states were being absorbed overnight
19:28
almost so that you could say that they grew too
19:30
fast too quickly and before
19:33
you know it they've got to find people to fill those
19:35
shifts. You might have a
19:38
particular venue that needs 20 people
19:40
but you might have four or five that actually physically
19:42
there plus the manager of that group
19:45
but you're still receiving the same income as a part
19:47
of that contract. It can
19:51
be quite obvious through financial
19:53
information that essentially that that's
19:55
what's happening. You see the contracted money
19:57
going into the companies and a poor
19:59
of going out and then the bulk of
20:02
it either stays or moves on to other accounts.
20:04
There's a misconception about cash payments.
20:07
If there's no tax then people assume
20:09
they will get more.
20:11
That was not what the Operation Boscobell
20:13
investigators found.
20:15
There were too many people up the chain
20:18
all taking a cut. What we
20:20
saw through Boscobell was a case of
20:23
what they were likely to receive per hour
20:25
on the books would cover
20:27
a lot more so you'd have your sick leave, your holiday
20:29
pay, your superannuation. Where
20:32
if you're off the books
20:34
you're likely to lose all that
20:35
but more because the off
20:38
the books regime was all about whoever's
20:40
managing you as a person and an employee
20:44
would take a cut of that as well. So
20:46
if we broke it down
20:48
to a figure for example
20:51
you might have $20 per hour for working a
20:53
shift at a particular venue. By
20:56
the time you actually receive that
20:58
money as a cash payment it
21:00
could be $14 an hour. That's
21:04
the company receiving the actual contracted
21:06
money then the person who runs
21:08
that company takes their cut then the
21:10
manager takes their cut
21:12
then the person who's dealing the cash
21:14
out takes their cut. Before
21:17
you know it you've lost $6 an hour.
21:19
Whether you're better off you're getting
21:21
cash in hand yeah probably but if
21:24
you look at the bigger picture you know for someone
21:26
who's getting $42 and everything else covered
21:30
then you got to look at it and weigh up your options
21:33
as to which one suits you best but realistically
21:35
you're probably losing out quite a bit.
21:38
As that one particular company grew
21:40
and became the focus of Boscobell information
21:43
and intelligence flooded in. The
21:45
information from the public as well as
21:47
our own side of investigations and
21:49
it just sort of stemmed really
21:52
quickly in
21:53
that it was not so
21:55
much direct but
21:57
the way it was being done it
21:59
was quite...
21:59
obvious. With
22:01
reports of cash payments, it explained
22:03
a practice that Boscobell investigators
22:05
had seen on the docks,
22:07
money being received in white envelopes.
22:10
One of the moments we knew we were on the right track
22:13
was around the white envelopes.
22:15
And I remember we were working a surveillance
22:17
shift one day and we were on a particular premises
22:19
where the allegation was there was large amounts of money
22:22
passing through.
22:23
And
22:24
we'd been sitting there for a while, there'd been
22:26
nothing coming. And then all of a sudden we
22:29
start having person after person coming through the
22:31
door. They're coming out white envelope in hand.
22:33
And it was one of those almost an aha moment where
22:36
you go, yeah, what we've got is right. We're
22:38
on the money here and the investigation is going to progress.
22:41
So that was probably one of the standouts where we actually had
22:44
that confirmation that what we've been told
22:46
was right. And from there the investigation
22:48
progressed.
22:50
The investigation showed that the company
22:52
was putting part of each contract on the books
22:55
and part of it was cash.
22:58
Often the cash was paid to the employee
23:00
by a different company and the onus
23:03
was on the employee to have an ABN
23:05
number and paid the tax themselves.
23:08
Scott found that the employees
23:11
weren't always told this and most
23:13
wouldn't have done it even if they'd known
23:15
how to.
23:16
That cash regime was pushed out to others
23:19
and all the onus was put onto those entities
23:22
to fulfill the requirements. I
23:24
would suggest that they would have
23:26
passed that onto the individual. So, well, you
23:29
need to have your own ABN, you need to have
23:31
this, but there's no certified
23:33
or no signature on any of the
23:35
documents that would allude to that to say,
23:38
yes, I'm taking full ownership. So it was a bit
23:40
of a multitude of information
23:42
that was coming through that would indicate that this
23:44
was going on. And it came to
23:47
our attention being that they were one of the main
23:49
companies that were overseeing security
23:51
of the waterfronts.
23:53
With all the information coming through, Matt
23:55
knew the team would rely on the use of a
23:58
criminal intelligence analyst to prove that the
23:59
process it.
24:25
A
24:29
criminal intelligence analyst is someone who not only collects
24:31
and analyse the data,
24:42
but
24:48
uses their analytical thought in
24:51
order to influence decision making
24:53
at operational and strategic
24:56
levels of the Australian Federal Police, but
24:58
also our national security
25:00
and law enforcement partners. They provide
25:03
a strategic forecast or an overview
25:05
of what's actually happening in the criminal environment
25:08
and don't just focus on the small tactical
25:10
level at the very basic investigations,
25:13
but they look at the holistic picture
25:15
of what's happening around Australia
25:17
and in Australia's interests offshore as well.
25:20
As an analyst, Tim processed
25:22
the incoming information and offered advice
25:25
on evidence-based data.
25:27
We attempt to provide direction to
25:30
the investigators as to maximising
25:33
evidentiary collection and also
25:36
the deployment of specialist police resources
25:39
in order to assist in that evidentiary collection
25:41
as well. We also provide advice
25:44
as to criminal networks
25:46
that are developing and opportunities
25:49
and vulnerabilities.
25:59
began with little knowledge of how the waterfront
26:02
worked.
26:03
I'm a graduate of a
26:05
criminology degree, and one
26:08
of the key topics within
26:10
one of our policing
26:13
units in the degree was the Painter and Dockers Union.
26:16
And that was probably the earliest
26:18
and only exposure I ever had
26:20
to this environment. As
26:22
the saying goes, getting thrown in the deep end
26:25
pretty much sums it up. I
26:27
had very little knowledge about how the
26:29
ports and the wharves and more
26:32
generally the waterfront operated. As
26:35
a junior intelligence officer, I was very
26:37
open to learning new things, and
26:40
I
26:41
took up the opportunity. A joint agency
26:43
appealed to me to learn something new
26:45
and develop my skills.
26:47
As part of their commitment to gather as much
26:49
information from as many sources as they
26:51
could, Scott and his colleagues went
26:53
down to the docks to talk to dock workers.
26:57
We were always plain closed to keep that friendly
26:59
approach, but we got down there
27:02
ad hoc whenever we could to just meet
27:04
and greet realistically. If you hear anything,
27:06
if you see anything, let us know. For
27:08
us, it was just get down, have a chat and see
27:10
what we could see at the same time. Word
27:13
of mouth got around and some people were happy to talk,
27:15
others weren't. Some were happy to talk off
27:17
record, others
27:19
were happy to do more.
27:21
A recurring theme among the dock workers
27:23
who were getting paid cash was that
27:26
they didn't question it.
27:28
Speaking to a lot of people throughout the investigation,
27:30
it was nothing shy
27:32
of, I worked for this company, I
27:35
got paid through this company, did you find
27:37
it weird? Absolutely. But
27:39
I never questioned it because I was getting cash in the background.
27:41
So, and whatever was happening
27:44
on the legitimate side, yeah, they'll get in the
27:46
hours, but it was all the extra work that was not
27:48
being reported. So yeah, it's
27:51
just one thing after the other kept unfolding
27:54
and led to the investigation being pushed
27:56
on.
27:57
Another concerning practice came to
27:59
life.
28:00
People would swap out shifts with others
28:03
who weren't necessarily qualified to
28:05
do the work.
28:06
Individuals were swapping out
28:08
for people that may or may not hold licenses
28:11
as well.
28:12
If someone comes in, may not
28:14
have any skill in that industry, may
28:17
not even have English as their primary language.
28:19
So issues were coming out of it
28:21
that we'd see became
28:24
twofold really, that whether people were
28:26
sort of swapping out and
28:27
falling asleep on shift or doing
28:30
triple shifts to be able to get more and more money,
28:33
it was just one thing after the other. We kept finding
28:36
and seeing and chatting and learning what was
28:38
going on.
28:39
The investigators soon saw a link between
28:41
security on the waterfront and security
28:44
with major sporting events.
28:46
It turned out that the same people were
28:48
often doing both the jobs.
28:50
The majority of the security work
28:53
that was done down at the waterfront, there was other
28:55
contracts held with other
28:58
organisations, sports or
29:00
otherwise, where the same member
29:02
would then do almost like a double
29:04
shift or come back later to a weekend
29:06
shift. Everything in and
29:09
around the security side was
29:11
on the books for what we saw and
29:13
then post that to
29:16
top up wages or whatever the reason
29:18
being was anything in a different
29:20
venue was going to be off the books
29:22
cash through a different subsidiary
29:24
company. That's the bare
29:27
bones of how it operated.
29:28
With security provided outside of the
29:31
waterfront, the payments were more likely
29:33
to be cash.
29:35
For security on the waterfront, there
29:37
were generally more legitimate on the books
29:39
payments,
29:40
perhaps because those doing the cash payments
29:43
knew there would be more government scrutiny
29:45
on the docks.
29:46
So for what we found, I think it was more of a case
29:49
of don't disrupt the
29:51
main bread and butter. We found over
29:53
time that the waterfront
29:56
side of the house was
29:58
fairly legitimate. We would have to sort of... to dive
30:00
into it a lot more as to
30:03
were those physical members attached on
30:05
that spreadsheet to say that they were the ones
30:08
working or was it just a name on a spreadsheet
30:11
and what skill set did they bring and did they have
30:13
the experience or did they even have
30:15
a registered security license? They're
30:17
the issues as you got more
30:19
and more into it but for the bare bones
30:22
it was always a case of most
30:24
of the contracted waterfronts
30:27
were the legitimate angle but
30:29
the second sort of the company was
30:32
anything outside of that is where the cash
30:35
top ups would help each person to
30:38
increase their wages.
30:40
The thing that kept investigators on their
30:42
toes was the speed at which the company
30:44
grew.
30:45
It's logical when you think about it.
30:48
The company could outbid all competitors
30:50
because of the cash payments and then
30:52
get contract after contract.
30:55
In order to fulfil them they needed more
30:57
and more people and more and more subsidiary
31:00
companies to help them.
31:02
How fast did this growth look like
31:04
to Scott? Oh overnight,
31:07
overnight without doubt the way it unfolded
31:09
was just
31:10
we've got this foot in the door, Victoria's
31:13
got the contract, New South Wales got a contract,
31:15
let's keep going, let's keep going. Call
31:17
it what you want whether it's power agreed,
31:19
whether it's status I don't
31:22
know, it's just it just grew and it grew
31:24
bigger than you can imagine.
31:26
Tim the criminal intelligence analyst
31:29
watched the investigation grow as
31:31
fast as the company expanded.
31:32
The nature
31:34
of the business was actually a nationwide
31:37
business with many offices in the major
31:39
capital cities
31:40
so
31:42
based on information
31:44
that was available to police we were able
31:46
to identify a number of individuals.
31:49
Our primary persons of interest
31:51
for the investigation we started
31:53
with two or three at the time but as
31:55
we started to collect information on
31:58
them we
31:58
were able to trio.
31:59
based on who else
32:02
may be of interest. And I guess once
32:04
we started to get a lay of the land as
32:07
to who was our main target,
32:09
we started to look at the next layer.
32:12
And we were looking at not just the
32:14
business itself, we're starting to look at
32:16
a subcontractor level,
32:18
who was our primary players there. And
32:20
we started to look at the information
32:22
that we had around them. And we started to get a clear
32:25
indicator of who was actually involved in
32:27
significant criminality. Well, it starts
32:29
off big. It sort of didn't at the same
32:32
time because we had a fair idea at the start
32:34
who we wanted to start looking at based on the
32:36
information that was available to police at the
32:38
time. And then we just expanded out
32:40
from there.
32:42
What they also found was a knowledge of
32:44
criminality. What we saw
32:46
through
32:47
this particular investigation was
32:49
criminality, or at least knowledge of
32:51
criminality all the way to the top, all the
32:53
way down to the lower level management
32:56
of the business. And I would say at
32:58
least many, but not all, of those
33:00
who were contracting to the business or
33:03
full-time employees to the business would
33:05
have had some knowledge as to what was
33:07
happening or at least some suspicion
33:10
or heard
33:11
rumours that these individuals were doing
33:13
the wrong thing. Once Operation
33:16
Boscobell began focusing on people
33:18
within the company, their behaviour became
33:20
predictable to Tim.
33:23
During the investigation, we received
33:25
a number of pieces of information from a number
33:27
of different sources, which
33:29
enabled us to actually get an idea
33:32
of what was happening.
33:33
From a financial perspective, we started
33:35
to see unusual financial activity, which
33:38
was repetitive. And we also
33:40
started to see activities where
33:43
individuals would perform particular
33:46
transactions and head to the same locations
33:49
on a regular basis. We were actually
33:52
able to predict where individuals
33:54
would be at what particular time,
33:56
almost down to the minute. Their behaviour
33:58
became so repetitive and negative. that
34:00
we were able to observe the cash handovers
34:03
in
34:04
envelopes, but also observe
34:07
their activities of undertaking the transactions and
34:09
be able to significantly collect evidence against
34:11
those individuals as well.
34:13
Vic Polman-Danat explains the
34:16
importance to the investigators of the information
34:18
that Tim processed. A
34:20
lot of what they do is profiling. So
34:23
profiling of the companies, of the
34:25
individuals. So they'll go and they'll dig
34:27
and they'll look for all the information
34:28
so whether it's information, intelligence,
34:31
evidence, they put all together into a package. Tim
34:34
produced
34:35
lots of those types of profiles, which
34:38
then allowed us to go and identify opportunities
34:40
to progress the investigation. So they will identify
34:43
opportunities
34:44
for investigators to then go and develop
34:47
to try and gather that evidence to put before
34:49
the court because of course there's a big difference between
34:52
intelligence
34:53
and evidence. Intelligence is what we go
34:55
and do our investigation around in
34:57
order to capture the evidence before the court.
35:00
With Tim analysing data coming
35:02
in and the team investigating widely,
35:05
the job of Operation Boscobell was
35:07
always about narrowing the case down to
35:09
a list of suspects.
35:11
Scott explains this natural progression.
35:15
There's a multitude of investigation
35:18
inquiries that you make and you start to see
35:20
the picture as to who's controlling
35:23
and then you see the middle management who's
35:25
controlling. It's almost like a stone in
35:27
the river. The more you throw in, the
35:30
bigger the ripples and therefore you keep going and
35:32
you get right down to each
35:35
and every individual security person and
35:37
or other contracted person. And
35:40
each of those ripples, you take a portion of that and you
35:42
say, you know what, let's look at this and
35:45
we'll see what comes of that. What we found
35:47
through Boscobell specifically, there's evidence
35:49
coming
35:50
from a lot of different factions and
35:52
we'd target the next level and then the next level and the next
35:54
level and the next level and we go, okay, well, predominant
35:57
control is coming from these particular...
35:59
people.
36:01
They're dictating, they're the ones saying we've
36:03
got to maintain
36:05
the cash flow, we've got to maintain the contracts,
36:07
we've got to maintain the subcontractors.
36:10
So with all that in mind, it narrowed
36:12
it down quite easily over time between
36:15
the information we're receiving, the evidence
36:17
we collected, and then from
36:19
there it was just a case of, well, let's
36:21
keep going on these particular people and
36:24
the entities and the organisations, that's
36:27
where it
36:28
became quite direct. We
36:30
knew what we're targeting, we knew how we were to target,
36:32
we
36:32
knew the evidence that we had to support each
36:35
of those main people involved
36:37
and the companies involved, and that's
36:40
pretty much how it just kept going from there.
36:43
Operation Boscobell needed the knowledge
36:45
of the team's financial experts to
36:47
interpret and explain the information
36:49
that was coming in.
36:51
We relied heavily on financial
36:54
analysts, ATO assistants
36:56
and a variety of other key players
36:59
to help because there
37:01
was a lot of stuff that we received and we were
37:03
saying, I'm not the experts in this, we need to go direct
37:05
to them to say, look, you need to explain
37:07
this for us to see what comes
37:10
of that. Is there an offence behind these
37:13
points of information? So for these
37:16
particular people, 100%, there was a case of we
37:19
found all this information and evidence
37:22
that became evidence purely on the information
37:24
that we received, the way it was explained,
37:26
and each of those stepping
37:29
stones that we walked through became a case
37:31
of, well, there is a fraud here. We're
37:33
not only looking at the company holistically
37:37
in its own income tax, but we're
37:39
looking at GST, we're looking at withholding, and
37:41
that was explained more and more as
37:44
the financial analysts went
37:46
through it all saying, look, from what we can see, this
37:48
is what's missing. And then we had
37:50
that supported by the ATO to say, look,
37:52
there's undeclared amounts for these
37:54
years, but we can get
37:57
that pushed up and
37:59
make sure that that's done. and once
38:01
that's done and we know what's in, then we can say
38:03
that this has not been adhered to. And all
38:06
these stepping stones therefore unfolded.
38:09
And we did find that there was GST fraud
38:11
and that we found that the tax
38:14
withheld wasn't being paid and the
38:16
stuff that wasn't
38:17
back-captured finally got back-captured, and
38:19
we found that there was income tax fraud for
38:22
the companies which were eventually
38:24
paid out, but all still stemmed
38:26
into a fraudulent offence of
38:28
some description. Once
38:31
we knew where that endgame
38:33
was, then we were able to home in
38:35
on specific offence types and
38:38
what charges were to be laid.
38:40
Another AFP officer who joined the
38:42
team was David.
38:44
He had been a member of Victoria Police
38:46
for 25 years, 20 of those
38:49
as a detective.
38:50
He joined the AFP in 2010.
38:54
So Scott was at
38:56
Boscoville before me, of course. He was there from
38:58
day one. I came
39:01
in maybe 12 months, I think, after
39:03
Scott had started. I
39:05
assumed that I was probably picked
39:08
for the role to go down there just
39:10
simply because of my investigative
39:13
experience. The principles of investigations
39:17
are pretty much the same. No matter what
39:19
crime type you might be
39:21
looking into, yes,
39:23
they can get a lot more specific when
39:26
you're talking financial crime, obviously. But
39:29
the general principles of an investigation
39:32
as a detective are pretty much
39:34
the same in any investigation. So
39:37
when I came on board, it was just a
39:40
big mixture of AFP
39:42
members, Victoria Police, the
39:45
Australian Taxation Office, the
39:47
ACIC were involved. It
39:49
was a good
39:51
multi-jurisdictional task
39:53
force. When David joined
39:56
Operation Boscoville, the team was
39:58
still narrowing down their target.
40:01
They still hadn't decided when I arrived
40:04
who the final
40:07
targets were going to be, because there were a lot.
40:10
So that was still in motion. There was
40:12
still a lot of book work going on,
40:14
spreadsheet work, the use
40:17
of forensic accountants.
40:20
That actually became very important in
40:22
this job. So there was still
40:24
a lot going on. It was very busy when I arrived.
40:26
It was a really good investigation. The main
40:29
security company had far-reaching
40:32
tentacles way beyond. Even though we were based
40:34
in Melbourne, Victoria, the
40:37
company's tentacles went Australia-wide.
40:40
So even that had its own complexities, because
40:42
we were flying into
40:44
other states as well and conducting investigations
40:47
in multiple jurisdictions.
40:50
Even though David jokes about the amount of spreadsheets
40:52
involved in the investigation, the reality
40:55
was that they were only their beginning.
40:58
No one likes to look at spreadsheets, obviously.
41:02
Was that part of my job
41:04
and Scotty's job? Yes, it was, clearly,
41:07
but not solely. I
41:09
think it was just getting down to that nitty-gritty
41:12
of
41:13
who were the people we're going to target and why,
41:16
and
41:17
exactly what is it that they're up
41:19
to, what's their lifestyle like, are
41:22
they living beyond their means. And
41:24
then to take it another step, taking witness statements
41:28
and preparing affidavits
41:30
and search warrants for the investigation. One
41:33
interview reminded the team that not everyone
41:35
accepted the corrupt practices.
41:38
One woman resisted, and it cost
41:40
her her job.
41:41
I can specifically remember taking
41:44
a very interesting statement from
41:47
a witness interstate.
41:50
She worked in the security industry, and once
41:54
this main company
41:56
got up and running, she
41:59
was approached. by someone
42:01
from that company telling
42:03
her that she would now have to accept cash and
42:07
that that would be handed to her on a fortnightly
42:09
basis in an envelope and she
42:12
just said that's not right and I want no
42:14
part of it. She was then basically
42:16
told if she didn't want to go along with
42:18
that scheme that
42:21
she'd have to find another job. She
42:23
knew it was wrong straight out. She was
42:25
told in no uncertain terms to keep her mouth shut.
42:28
This probably went on for a couple of months. She actually
42:30
said in the end I just want no part of this so
42:33
they got rid of her
42:34
and then
42:36
she and several other people in the same
42:38
position wrote a letter
42:40
to the AFP saying this
42:43
is what's happened to me and I think it should be
42:45
something that's looked at. So once we
42:47
found that information out that was then passed
42:50
on to the Boscobell Task Force we
42:52
then tracked her and others down and
42:55
approached them to ask if they'd like to make a statement
42:58
and most were on board and provided very good
43:00
statements. The team at Operation
43:02
Boscobell were keen to pinpoint the level
43:05
of threat and manipulation being used
43:07
against the workers.
43:09
Violence was never mentioned
43:12
by this particular person. She
43:14
told me that although
43:17
there was no violence associated
43:19
with what was going on with her particularly
43:23
she did feel threatened in the sense that
43:25
she was also warned not
43:27
to tell anyone else about it, don't speak about
43:29
this, don't let anyone else know that this is going
43:32
on but she was so
43:35
steadfast on saying no that
43:37
that is wrong,
43:39
this is right
43:41
and I'm sticking to my principles
43:44
and if it means I'm going to lose my job
43:46
so be it but I'm going
43:48
to make waves
43:50
and let the police know
43:53
what's going on here. It takes a brave
43:55
person to do that.
43:57
There wasn't an enormous amount of females
43:59
involved.
44:00
in the security industry. I think she also
44:02
felt pressure back then
44:04
as wanting to speak out. But
44:07
obviously we're glad she did and
44:09
others.
44:10
The investigators were impressed by the
44:12
act of courage it took to speak out
44:14
about it.
44:15
And once one came forward, others
44:17
quickly followed. That
44:20
statement that I took from that particular individual,
44:23
she was able to give us other
44:26
names of people in the industry
44:28
that were
44:29
being told the same thing. Basically,
44:32
take cash, we'll see you later.
44:34
And then it was just a matter of following up with those other people,
44:37
making an approach, and
44:39
asking whether they're willing to... Because it is one
44:41
thing to speak out,
44:43
but then to actually put it down on paper and
44:45
sign it,
44:46
knowing that once you sign a police statement
44:48
that you may have to give evidence in court
44:50
at some stage down the track.
44:53
So the statements were extremely helpful.
44:55
It was impossible to target everyone
44:57
involved from management to the person
45:00
on the street opening a wide envelope.
45:03
When Operation Boscobel narrowed the investigation
45:06
down, those in charge made
45:08
the decision.
45:10
In the end, there were six main
45:12
targets. Management
45:15
had to make a decision because
45:17
Boscobel was going on and a decision just
45:19
had to be made. Who are
45:21
we actually going to target
45:24
and charge? And then once
45:26
that decision was made, then it was full
45:29
steam ahead. And there was a very good reason
45:31
why those six people were
45:33
targeted. You had your general without a doubt,
45:36
and then you had five under him, and they
45:38
were the main players. So that's who we
45:40
went after.
45:41
Once that decision was made, the six
45:44
main players in the cash payment fraud
45:46
became the focus of the investigation.
45:49
I met all six of them at some
45:52
stage throughout the investigation. Once
45:54
the six were decided by management, then
45:58
management
45:59
made the decision.
45:59
made a decision as to which
46:02
Boscobel investigator would be
46:04
assigned. So there was an individual investigator
46:07
assigned to the six. I
46:10
was given person C and
46:12
he
46:13
was my entire focus
46:15
for the rest of the investigation.
46:17
One of the six suspects would regularly
46:20
go to the bank and take out huge amounts
46:22
of cash.
46:23
One of the six, I'd say out of
46:26
the six, if we had a scale from one being
46:28
the boss or the general down to the lowest,
46:30
number six. The guy that was number six,
46:33
we found out that
46:35
he was given the role by the general
46:38
to
46:39
attend a particular bank
46:41
in Carlton on a regular basis
46:45
and collect
46:48
large amounts of cash and
46:51
then once collected,
46:54
literally drive from that bank straight
46:57
to the main
47:00
security company's headquarters where
47:03
he would usually meet in the coffee
47:05
shop on the ground floor and exchange
47:07
the money. We knew what he was doing but we
47:09
didn't know how much but obviously then once
47:11
we conducted bank warrants,
47:14
we were then able to find out
47:16
exactly how much cash was being
47:18
transacted
47:20
and on some occasions,
47:22
the amount of cash was that big
47:26
that the bank manager
47:28
at the time made this guy
47:31
give him three days notice so he could
47:33
have the money ready in the bank because
47:35
the bank usually didn't hold that
47:38
amount. So we're talking a lot of money, certainly
47:41
hundreds and hundreds of thousands of dollars.
47:44
Just as the investigation was almost
47:46
finished gathering evidence on the six main
47:48
players, Operation Boscobell
47:50
received information that the company
47:52
was being sold.
47:55
Scott explains the impact on the
47:57
investigation.
47:59
the company was selling because what they
48:02
were doing was being targeted. It
48:04
was almost you've been found out,
48:06
realistically, that's what it came down to. There
48:09
possibly were other motivations in
48:11
selling the company, whether that was a financial
48:14
game, whether that was a career move,
48:16
who knows.
48:17
But for us, it wasn't a bad thing,
48:19
it wasn't a good thing, but I suppose realistically,
48:23
from a part of that sale, we were
48:25
able to look at saying, well, we've
48:28
identified fraudulent fences where
48:30
we're going to seize some financial money
48:32
in this sale. So good,
48:35
bad, however you perceive it, it was
48:37
a case of this is why it's unfolding.
48:40
That was what was the cards we were dealt with and we're
48:42
always aiming to move forward, trying
48:44
to look at how we're going to finish this job up. And
48:46
that almost forced our
48:48
hand a little bit in that sense because
48:51
with the sale, there was no contractor
48:54
held by those companies anymore. So we're forced to
48:56
just sort of look at finishing it up and sort of saying,
48:58
okay, well, this is what we can charge with now. This
49:00
is how we're going to proceed, pushed it
49:03
through and management agreed and said, yep,
49:05
this is where we're calling it. So you
49:07
move into the next stage and
49:09
move forward and lay the charges need be.
49:12
With the sale of the company, the original
49:14
asking price was $40 million.
49:18
But because of the Operation Boscobell
49:20
investigation, this figure was significantly
49:23
reduced. The
49:24
true cost of the fraud committed
49:27
by the company ended up being in the tens
49:29
of millions.
49:30
There was a case of it
49:33
started off with this is what we want
49:35
in that $40 million space. And
49:37
then once everything
49:39
was abolished through accountants, through
49:41
solicitors, it came to an ultimate
49:44
figure of 13 million or thereabouts.
49:47
And we looked at that and said, well, there's still an
49:49
amount owed to the ATO. There's still an amount
49:52
that hasn't been paid off to possible
49:55
other entities. So it rapidly
49:59
came right down around. that 13 million and
50:01
that's what we sort of looked at saying well there
50:04
is that fraud can we do this and
50:06
with the support of management that's the avenue
50:08
it went.
50:09
Once Operation Boscobell moved into
50:11
the arrest phase David would follow
50:14
his target, Person C, through
50:16
to the arrest, the search warrant, then
50:18
the interview.
50:20
We did search warrants on all their houses of course
50:22
and some of the businesses associated with
50:25
those people. So
50:28
Person C I, along
50:30
with several other members went and did a search
50:32
warrant on that guy's house. He
50:35
was arrested at the end of it, took
50:37
him back to the police station and then I conducted
50:39
the interview with that particular gentleman.
50:42
Given the huge investigation with
50:44
paperwork that would later fill a truck,
50:46
the investigators knew the case so thoroughly
50:49
they were well prepared for the interviews.
50:52
I think the most important thing prior
50:56
to conducting an interview with your
50:58
suspect
50:59
there needs to be a lot of pre-planning
51:01
going into an interview, knowing
51:04
all your points of proof, knowing what
51:07
you need to cover off in
51:09
order for that interview to be accepted by the court
51:12
and then ultimately
51:14
show on to the jury.
51:16
In a police interview the detective
51:18
has to read the demeanor of the suspect.
51:21
Those who've had interactions with police
51:23
before may interview differently
51:25
to those who haven't.
51:28
In my opinion it's pretty easy to tell
51:30
by their demeanor, the way they speak
51:32
to you, the answers they give you, whether
51:35
they've had interaction before. My
51:38
particular person
51:40
assigned to myself, he had
51:42
had dealings with the police before, but
51:46
on this particular occasion he was happy to talk.
51:49
But quite interestingly, which was I thought
51:52
unusual at the time, he was more
51:54
interested
51:56
in speaking about the other suspects.
51:58
more
52:01
so than himself and his
52:04
particular role. So,
52:07
yeah, it was an interesting interview. As
52:09
he sat opposite person C after
52:12
many months investigating him,
52:14
David was aware that he lived in a
52:16
normal house, despite the money
52:18
they knew he was making.
52:21
His only indulgence was to rent
52:23
a very, very nice car.
52:26
His house was nothing special at all.
52:28
Just an average house
52:31
in an average suburb.
52:32
Although I know that he was making good money
52:34
out of this whole scheme, about the only
52:36
thing that he had
52:39
to show for it was his car. He
52:42
did have a very, very nice car, which
52:45
didn't match what he was supposed to be
52:47
earning. In David's experience,
52:50
people making big money out of criminal
52:52
endeavours either really splurgered
52:55
or they really don't.
52:57
It's very interesting with these types of criminals
53:00
when it's financial
53:02
crime and trappings and I
53:05
think you just have two types. You've got the
53:07
type that will just
53:09
lash out, buy the expensive cars,
53:12
buy a beautiful big house, buy
53:15
a boat, buy a holiday house,
53:17
just go crazy, fancy
53:19
clothes, Rolex watch.
53:22
But then you've got the other types that although
53:25
they might be making a lot of money
53:27
illegally, they're
53:30
what I call personally smarter because they
53:32
don't go out and
53:34
buy all those things that I just mentioned so
53:36
that they fly under the radar.
53:39
After the arrests and interviews, the
53:41
six men were free to leave.
53:43
Scott explains that the investigators
53:46
did not oppose bail.
53:48
For this particular case, there was no contest
53:50
by us. It was a case of this is the
53:53
arrests that took place when
53:55
opposing bail. There were bail
53:57
conditions set to maintain...
53:59
addresses etc.
54:01
With the length of the investigation and the amount
54:04
of offenders, preparing the case for
54:06
court was a huge endeavour with
54:08
millions of pages of documentation.
54:11
Just how much evidence does it take
54:14
to get a conviction? The simplistic
54:16
answer is it
54:18
would be good to have a lot. There are so
54:20
many different working parts to this and
54:23
it's all on here's all the information
54:26
but we've just got to review it all. There's
54:28
property seized from search warrants, there's
54:30
information from other organisations,
54:32
there's financial banking information,
54:35
there's people that are fresh into
54:38
looking at that information so you'd had
54:40
multiple financial analysts, you've
54:42
got people that are new to the Trident
54:45
task force that have come on board to help.
54:47
It could be two people as we found
54:50
right through to 20 people.
54:52
When you go to arrest you have that
54:54
court deadline so that means you've got
54:56
to meet a brief handout and
54:58
that gives all defence members
55:00
the opportunity to read the information and
55:02
digest it, come up with a defence
55:05
and then put that towards the next court
55:07
date. Realistically for myself
55:10
and one other it was just a case
55:12
of get in get
55:14
it done. We've got deadlines working
55:16
to all hours of the night, weekends, whatever
55:18
it took to get it done. We met
55:20
most of those deadlines I think on one
55:23
or two occasions we had to seek extension because
55:25
we had multiple financial analysts
55:28
involved and if it
55:30
wasn't us delaying the court process it was
55:32
defence and that came back to
55:34
we need to set up an
55:37
array of computer
55:39
systems for them to go through the electronic
55:41
data and we're talking multitudes
55:45
of terabytes
55:46
for information that was absorbed and
55:49
by
55:50
the time we even looked at it it was a case
55:52
of this is going to take months and months
55:54
to get through searching
55:56
through the databases of company software
55:59
individuals. accounts and all sorts
56:01
of information to find what
56:03
we were looking for to really put the extra
56:07
bit of evidence together to say this has now
56:09
made the story complete.
56:11
For Scott and David, it was the most
56:13
evidence they had ever compiled for a case.
56:16
And because of the six offenders, the
56:19
huge briefs of evidence had to be copied
56:21
over and over.
56:23
I think Scotty and I probably hold the record
56:26
for the most
56:27
trips to a printer's office ever. Clearly,
56:31
once we charged these six people, we
56:34
had to prepare a brief of evidence individually
56:38
for each one because they all had different
56:40
roles to play.
56:42
But then you've got to do multiple copies because
56:45
your suspect needs a copy, his
56:47
lawyer needs a copy, the court
56:50
needs two copies, and
56:52
then you've got the original copy which stays with
56:54
the case officer. I
56:56
never found out what the printing bill was
56:59
in the end for this case, but I'd
57:01
be very shocked.
57:03
I think when it finally came to the day
57:06
when Scott and I went around serving
57:09
all the copies of the briefs on all those people
57:11
I just mentioned, we literally
57:13
had to hire a truck.
57:15
With such a wealth of evidence against
57:17
them from years of investigation, did
57:20
the six-man plead guilty once the case
57:22
made it to court?
57:23
Long story yes, when it came down to
57:25
the sale of the company changing of charges,
57:28
yes, so income tax fraud,
57:30
the flip of it was
57:32
early plea and reduced
57:35
or a different result possibly,
57:38
but yeah, so the guilty pleas came
57:40
through eventually through defence
57:43
into the court system and made way to
57:45
completion.
57:46
A guilty plea carries a sentence reduction,
57:49
but despite any penalties the court might
57:52
hand out in the case of huge financial
57:54
crime,
57:55
the true penalty to the offenders was
57:57
in the tens of millions of dollars they lost.
58:00
in the sale of their company.
58:02
Some were actually sentenced. Others
58:05
received suspended sentence plus fine or
58:08
suspended sentence.
58:10
For this circumstance, most of them
58:12
were suspended sentence with fine
58:14
and should anything occur again down the track,
58:17
would likely to be remanded and jail
58:19
time.
58:21
Tim explains that not all penalties
58:23
for this crime type are obvious.
58:26
If we look at it from a holistic perspective
58:28
and not just whether someone is going
58:30
to serve a prison sentence or get a slap
58:32
on the wrist or anything like that, police
58:34
in particular, AFP and our partners, tend to
58:37
go for the hip pockets. And
58:39
that's for our criminal assets and the confiscation
58:41
task force. We use our best
58:44
abilities in order to obtain criminally
58:47
obtained finances and hurt them where
58:49
it hurts the most. And that is their hip pocket. And especially
58:51
when we start to look at the greed that
58:54
some of these managers were actually showing, the
58:56
disregard they had for their employees,
58:58
when you start taking away their funds or their
59:00
sources of income, you see them start
59:02
to collapse because ultimately, the
59:05
life as they know it is starting to end.
59:07
From a director's perspective or high
59:10
level management perspective, if this company
59:12
was to continue to operate, they then
59:14
have that inability to obtain
59:17
serious work contracts or tenders because
59:19
it hurts their business reputation as
59:21
well. Anyone involved from lower level
59:23
management all the way down to the bottom, if
59:25
they put on their resume that they had worked for
59:28
that particular company, that will hurt their reputation
59:30
as well, I would argue.
59:32
For Scott, he knows that for the workers
59:35
who are now being paid correctly, the
59:37
true benefit of the work he and the team
59:39
at Boscobel did, may not be
59:41
seen for another 40 years, when
59:44
the accrued benefits of working on the books
59:46
finally pay off.
59:48
And that's a key point. Someone who may
59:51
have half of their super put into that and
59:54
think the rest is there and
59:56
knocks on the door to say, OK, where's my pension?
59:59
OK, but that's... That's all you've got. That's a big
1:00:01
problem. Absolutely huge problem. And
1:00:04
again, it still comes back to government because what
1:00:06
does that person do? They have to go onto a pension,
1:00:08
so it's government funded. So they're
1:00:11
all the issues that cascade upwards eventually
1:00:13
at some point.
1:00:15
Criminal intelligence analyst Tim
1:00:17
believes that despite the best efforts of
1:00:19
law enforcement, crime on the waterfront
1:00:21
will never stop.
1:00:23
It just changes with the time. And
1:00:25
people will always find ways to exploit
1:00:28
the vulnerabilities on the wharves.
1:00:30
That's why the work of the AFP and
1:00:32
their multi-agency task forces is
1:00:35
so vital.
1:00:36
I don't think there's ever an
1:00:39
ability to eradicate something, but
1:00:41
I think it's best to have an understanding of what
1:00:43
our vulnerabilities are and how
1:00:46
best to risk mitigate those circumstances
1:00:48
in those environments.
1:00:50
With the way the criminal landscape
1:00:53
is happening now, with the nature of transnational
1:00:56
organised crime, whether that be
1:00:58
drug importations, illicit firearms
1:01:00
imports and the illicit tobacco
1:01:03
importations as well, we start to
1:01:05
expect that the criminal networks will
1:01:07
use every potential vulnerability
1:01:10
at their disposal
1:01:11
in order to help their cause. And
1:01:14
to have the
1:01:16
waterfront posed as a significant
1:01:18
threat, it's always going to be a measure
1:01:20
that we need to have optics over. And
1:01:22
it's something that's, I
1:01:25
guess, will always be a vulnerability to Australia.
1:01:28
David believes that Operation Boscobell
1:01:31
was one of the best examples of what
1:01:33
a multi-jurisdictional task force can
1:01:35
do.
1:01:36
But he also appreciated how much he
1:01:38
learnt from the others in the team.
1:01:41
I genuinely believe that multi-jurisdictional
1:01:44
task forces are
1:01:46
probably going to reach a better outcome.
1:01:49
Boscobell was a perfect example of that.
1:01:51
It wasn't Scott or myself
1:01:54
or the AFP that succeeded.
1:01:58
It was all of those things.
1:01:59
organisations working
1:02:02
closely together and when I mean closely
1:02:04
I don't mean you make a phone call to the
1:02:07
ATO or make a phone call to the
1:02:09
ACIC,
1:02:10
we were all sitting side by side
1:02:13
and that in itself was fantastic. I
1:02:15
personally learnt a
1:02:17
hell of a lot more sitting beside
1:02:20
people from other organisations because you don't
1:02:22
normally get that close
1:02:24
with them you know so that
1:02:26
was a huge benefit. It was something that I really
1:02:28
enjoyed.
1:02:35
If you are interested in learning more about
1:02:38
how the AFP works to protect our waterfront
1:02:40
and how Matt, Scott, David and Tim
1:02:43
investigated this case visit
1:02:45
afp.gov.au.
1:02:48
The
1:02:50
AFP is all about protecting Australians
1:02:52
and Australia's way of life.
1:02:55
Stay tuned for our next installment of
1:02:57
Crime Interrupted as we take you behind
1:02:59
the scenes of a case of online scammers
1:03:02
who were able to hack into systems to steal
1:03:04
millions of dollars in superannuation.
1:03:23
you
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