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| Solicitor who pleaded guilty to fraud confesses to pocketing criminal proceeds | Solicitor who pleaded guilty to fraud confesses to pocketing criminal proceeds |
| (7 months later) | |
| Prosecutors say Tim Meehan part of scheme that netted his law firm ‘almost certainly well in excess of $600,000’ | |
| Joshua Robertson | |
| Thu 13 Jul 2017 10.20 BST | |
| Last modified on Thu 13 Jul 2017 12.02 BST | |
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| A high-profile Brisbane solicitor set to be jailed for fraud has confessed to pocketing criminal proceeds as part of an alleged scheme that prosecutors said netted his law firm “almost certainly well in excess of $600,000” in secret cash payments from clients. | A high-profile Brisbane solicitor set to be jailed for fraud has confessed to pocketing criminal proceeds as part of an alleged scheme that prosecutors said netted his law firm “almost certainly well in excess of $600,000” in secret cash payments from clients. |
| Tim Meehan, who acted for Daniel Morcombe’s killer, Brett Cowan, is due to be sentenced in Queensland’s supreme court on Friday after pleading guilty to nine counts of fraud in aggravated circumstances. | Tim Meehan, who acted for Daniel Morcombe’s killer, Brett Cowan, is due to be sentenced in Queensland’s supreme court on Friday after pleading guilty to nine counts of fraud in aggravated circumstances. |
| The court heard on Thursday that Meehan’s confessions to the Crime and Corruption Commission last September triggered an investigation into alleged fraud by him and two other solicitors at his firm, named only as “S1” and “S2”. | The court heard on Thursday that Meehan’s confessions to the Crime and Corruption Commission last September triggered an investigation into alleged fraud by him and two other solicitors at his firm, named only as “S1” and “S2”. |
| Meehan, 41, alleged that when he and S1 faced looming bankruptcy over the collapse of their previous firm, S1 decided to found a new firm and encourage the trio of lawyers to accept cash payments to be split among themselves and only a portion to be deposited in a trust account as legally required. | Meehan, 41, alleged that when he and S1 faced looming bankruptcy over the collapse of their previous firm, S1 decided to found a new firm and encourage the trio of lawyers to accept cash payments to be split among themselves and only a portion to be deposited in a trust account as legally required. |
| Prosecutor Michael Byrne said the crown alleged this was to “surreptitiously” maintain their previous incomes while limiting “on paper” Meehan and S1’s salaries to $70,000, above which they faced having bankruptcy trustees seize half of their pay. | Prosecutor Michael Byrne said the crown alleged this was to “surreptitiously” maintain their previous incomes while limiting “on paper” Meehan and S1’s salaries to $70,000, above which they faced having bankruptcy trustees seize half of their pay. |
| This avoided repayment obligations to creditors and the tax office, as well as hiding payments from the federal financial intelligence agency Austrac, Byrne said. | This avoided repayment obligations to creditors and the tax office, as well as hiding payments from the federal financial intelligence agency Austrac, Byrne said. |
| He said it was an “organised scheme” for which the “motivation was greed” as the money was used not to finance addiction or prop up a business but “simply [for] personal enrichment”. | He said it was an “organised scheme” for which the “motivation was greed” as the money was used not to finance addiction or prop up a business but “simply [for] personal enrichment”. |
| Meehan’s conduct “quite frankly has tended to bring the legal profession into disrepute [and] cast a shadow” over the justice system, Byrne said. | Meehan’s conduct “quite frankly has tended to bring the legal profession into disrepute [and] cast a shadow” over the justice system, Byrne said. |
| Byrne said that, when the new firm was formed in late 2011, Meehan was representing a “high-profile client whose defence was worth a substantial amount of money to the firm through Legal Aid funding”. | Byrne said that, when the new firm was formed in late 2011, Meehan was representing a “high-profile client whose defence was worth a substantial amount of money to the firm through Legal Aid funding”. |
| “With bankruptcy looming, S1 decided to stagger the bankruptcy proceedings; he would declare bankruptcy first so that [Meehan] could avoid the declaration as long as possible and continue to represent that client without any issue about continued funding being provided by Legal Aid,” he said. | “With bankruptcy looming, S1 decided to stagger the bankruptcy proceedings; he would declare bankruptcy first so that [Meehan] could avoid the declaration as long as possible and continue to represent that client without any issue about continued funding being provided by Legal Aid,” he said. |
| According to Meehan, S1 would always decide how much would be deposited in the firm’s trust account and how much cash would be kept to be split among them, with a “standing agreement” that if one had more personal bills they could keep a sum of money “off the top” before being divvied up. | According to Meehan, S1 would always decide how much would be deposited in the firm’s trust account and how much cash would be kept to be split among them, with a “standing agreement” that if one had more personal bills they could keep a sum of money “off the top” before being divvied up. |
| Meehan believed a large part of the cash he received from clients was “tainted property” or proceeds of crime. | Meehan believed a large part of the cash he received from clients was “tainted property” or proceeds of crime. |
| He believed that cash fees received by others were “not always split evenly amongst them, if at all”, Byrne said. | He believed that cash fees received by others were “not always split evenly amongst them, if at all”, Byrne said. |
| Byrne said while it was “not possible to precisely calculate the total amounts received and not accounted for, it is almost certainly well in excess of $600,000”. | Byrne said while it was “not possible to precisely calculate the total amounts received and not accounted for, it is almost certainly well in excess of $600,000”. |
| This figure was supported by cash Meehan recalled receiving from 19 clients, along with evidence by other sources, he said. | This figure was supported by cash Meehan recalled receiving from 19 clients, along with evidence by other sources, he said. |
| Byrne said both S1 and S2 denied the allegations “as they relate to them”. | Byrne said both S1 and S2 denied the allegations “as they relate to them”. |
| Meehan’s serious criminal conduct over four years “grossly breached [his] solemn promise” to uphold the law as a solicitor and deserved a “significant period of incarceration”, he said. | Meehan’s serious criminal conduct over four years “grossly breached [his] solemn promise” to uphold the law as a solicitor and deserved a “significant period of incarceration”, he said. |
| The initial deception was further aggravated by a series of fraudulent documents Meehan arranged to be given to the CCC from November 2015 to cover his tracks regarding payments from three clients. | The initial deception was further aggravated by a series of fraudulent documents Meehan arranged to be given to the CCC from November 2015 to cover his tracks regarding payments from three clients. |
| The documents included false and backdated costs agreements with the clients and incomplete records of money paid into the firm’s trust account. | The documents included false and backdated costs agreements with the clients and incomplete records of money paid into the firm’s trust account. |
| It was alleged that two documents that Meehan provided for the CCC in June 2016, along with a false account to explain the fees, were “created by the defendant himself using a technique that S1 instructed him in”, Byrne said. | It was alleged that two documents that Meehan provided for the CCC in June 2016, along with a false account to explain the fees, were “created by the defendant himself using a technique that S1 instructed him in”, Byrne said. |
| Meehan was sacked by the firm in August 2016 and approached the CCC exactly a month later “on his own initiative” to volunteer information, Byrne said. | Meehan was sacked by the firm in August 2016 and approached the CCC exactly a month later “on his own initiative” to volunteer information, Byrne said. |
| Byrne asked judge Roslyn Atkinson to sentence Meehan, given his cooperation with investigators, to up six or seven years prison, with no parole for at least 18 months. | Byrne asked judge Roslyn Atkinson to sentence Meehan, given his cooperation with investigators, to up six or seven years prison, with no parole for at least 18 months. |
| Meehan had already spent 19 days in custody that would be declared time served, Byrne said. | Meehan had already spent 19 days in custody that would be declared time served, Byrne said. |
| Meehan’s barrister, Anthony Glynn, said that his client had “pleaded guilty to crimes when there was no investigation underway”. | Meehan’s barrister, Anthony Glynn, said that his client had “pleaded guilty to crimes when there was no investigation underway”. |
| Glynn said the father of four’s prospects as a lawyer were now “non-existent” and he would in the future “come out of prison with no relevant qualifications or … experience” for any other work. | Glynn said the father of four’s prospects as a lawyer were now “non-existent” and he would in the future “come out of prison with no relevant qualifications or … experience” for any other work. |
| He said that Meehan would normally face up to 10 years prison but for his cooperation should be given four to five years prison, suspended after 12 to 18 months. | He said that Meehan would normally face up to 10 years prison but for his cooperation should be given four to five years prison, suspended after 12 to 18 months. |
| Atkinson adjourned the case until Friday morning. | Atkinson adjourned the case until Friday morning. |
| Queensland | |
| Brisbane | |
| Crime - Australia | |
| news | |
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