The frontman for Australia's largest superannuation heist, Shawn Richard, spends his first night in prison.
THE frontman for Australia's largest superannuation heist, Shawn Richard, has spent his first night in prison.
The long night with Corrective Services NSW marks the final fall from grace for the former investment manager and playboy who dishonestly received $1.3 million in investors' money.
The fall of the man known as ''Shawny Cash'' was witnessed by his one-time business partner, Eugene Liu, and a former Trio director, David Andrews, as they sat in the public gallery in the New South Wales Supreme Court.
Yesterday Richard, 36, was formally convicted of two counts of dishonest conduct for his role in the Trio Capital fraud, in which investors lost $180 million.
Justice Peter Garling revoked Richard's bail and confirmed he would impose a prison sentence on the counts, which carry a maximum term of 10 years. Richard is due to be sentenced on August 12.
Yesterday the court heard Richard had received $1.3 million in secret payments directed to overseas bank accounts in the exotic tax havens of Liechtenstein and Curacao, a tiny Caribbean island.
Richard then splurged
hundreds of thousands on his personal expenses.
In one instance in 2009 Richard received $250,000 in Australian investors' money for his personal expenses.
These payments were on top of his annual salary of $113,000.
The Crown showed Richard's secret payments were raked off from Australians' investments into complicated overseas funds in a system likened by Justice Garling to a Ponzi scheme.
Richard's representative, John Agius, SC, said Richard had been naive, vulnerable and greedy when he had teamed up with a US citizen based in Hong Kong, Jack Flader, who was referred to as a sophisticated fraudster.
Mr Agius tendered a psychological report, arguing Richard had acted under the influence of Flader and was not responsible for the scheme itself.
But Anthony Payne, SC, acting for the Commonwealth Director of Public Prosecutions, said Richard's behaviour showed criminality of the most serious kind.
Justice Garling said he did not understand the principle by which funds regulated by the Australian Prudential Regulation Authority could receive federal government compensation but self-managed superannuation funds could not.
In the case of Trio, the former have received $55 million and the latter have received nothing.
''So the principle is if you are bigger and regulated you get compensation ? if you are smaller and vulnerable you don't?'' he asked Mr Payne.
Frequently Asked Questions about this Article…
What was the Trio Capital fraud and how did it impact investors?
The Trio Capital fraud was a scheme in which investors lost about $180 million. The Crown told the court that investors' money was siphoned into complicated overseas funds and secret payments, a system Justice Peter Garling likened to a Ponzi scheme. Many investors suffered large losses as a result.
Who is Shawn Richard and what was he convicted of in the Trio Capital case?
Shawn Richard, described in the article as the frontman for the scheme, was formally convicted of two counts of dishonest conduct for his role in the Trio Capital fraud. The court found he dishonestly received secret payments from investors’ money and his bail was revoked; he spent his first night in prison after the conviction.
How much secret money did Shawn Richard receive and where were the payments directed?
The court heard Shawn Richard received about $1.3 million in secret payments. Those payments were directed to overseas bank accounts in Liechtenstein and Curaçao, and he used hundreds of thousands of dollars for personal expenses, including a $250,000 payment in 2009 on top of his $113,000 annual salary.
What did Justice Garling say about the structure of the Trio scheme?
Justice Peter Garling said the way funds were raked off from investors into complicated overseas arrangements was likened to a Ponzi scheme. He also questioned how compensation rules applied differently to different kinds of superannuation funds.
Were other people named in the court proceedings related to the Trio Capital fraud?
Yes. The article notes that Richard’s one-time business partner Eugene Liu and a former Trio director David Andrews were present in the public gallery. Richard’s lawyer said he had teamed up with a US citizen based in Hong Kong, Jack Flader, who was described as a sophisticated fraudster and said to have influenced Richard.
What sentence could Shawn Richard face and when is sentencing scheduled?
The two counts carry a maximum term of 10 years each. Justice Garling confirmed he would impose a prison sentence and revoked Richard’s bail. According to the article, Richard was due to be sentenced on August 12.
Did affected investors receive government compensation after the Trio collapse?
The article reports that APRA‑regulated funds in the case received about $55 million in government compensation, while self‑managed superannuation funds (SMSFs) received nothing. Justice Garling questioned the fairness of that principle, asking why larger regulated funds received compensation but smaller, vulnerable SMSFs did not.
What should everyday investors take away from the Trio Capital case involving overseas funds and secret payments?
The Trio Capital case highlights the risks associated with complex overseas investment structures and secret payments being taken from investor funds. It also underscores that compensation rules can vary depending on fund regulation. The case serves as a reminder to be cautious about transparency and the structures behind any investment vehicle.