From: Geoff Taylor [wsha@iinet.net.au]
Sent: Saturday, 18 February 2006 12:30 PM
To: Committee, JCPAA (REPS)
Subject: Supplementary Submission

The Secretary

Joint Parliamentary Committee on Accounts.

Dear Secretary

We have just come across an interesting item of information relating to the MMTEI project which reportedly attracted the largest number of investors, Budplan .

When Mark Pownall reported the ATO attack on MMTEIs in The West Australian  on 25th March 1998, Sue Price CPA, CFP Managing Director of Monpro (Money Products Innovations ACN 071 566 080) sent a Newsflash to the Monpro Ltd Dealer network:

It said among other things: “The article states that many of the schemes are based on round robin arrangements. This does not implicate Budplan as it does not use round robin structures.”

Of interest then are the following:

Howland Rose (Budplan Personal Services) - Federal Court - Conti J:

Quote:

“There did appear in the Clayton Utz opinion the following expression of opinion:

"...it is our opinion that the present transaction could not be seen to constitute a sham. Notwithstanding that there is in effect a `round robin' of moneys, given the association between the Lender and Manager, it is our understanding that all the parties intend to create real obligations pursuant to the transaction structure."

 

and

 

“45 Mr Lucas, one of the directors of BARM, ATTORI and PGF, explained, by reference to documentation the process which occurred in relation to the "round robin" transactions as follows:

(i) Individual loan applications received from participants were grouped together and processed in batches; for each batch, the details of the loan of $12,000 payable for a participant's first year of participation were recorded on loan settlement schedules, typically of 40 to 50 units for each schedule.

(ii) Bills of exchange were drawn in respect of the aggregate amount the subject of each batch, the drawer being PGF as purported lender to each participant, the payer being First Sydney Investments Pty Limited ("FSI") as purported financier, and the payees being ATTORI and BARM for scientific research and management services as to 90% and 10% respectively (see [11], [12(iii)] and [29] above).

(iii) PGF gave to FSI notice of PGF's intention to operate each bill facility by way of an acceptance notice, in each case the tenor of the bill being specified as one day.

(iv) Upon delivery of each bill of exchange by FSI to the payee (either ATTORI or BARM), the payee endorsed the bill back to PGF as purported lender; in so doing, each payee purportedly placed its entitlement as payee on deposit with PGF.

(v) Following such endorsements, the bill of exchange was cancelled, typically one minute after the time of the drawing thereof.

(vi) A bill facility register was maintained with details of the bills being drawn in respect of each batch of loans, the register recording the time and date of drawing of each bill, and of subsequent cancellation thereof; the bills were typically cancelled one minute after the time of drawing thereof.

(vii) The process was repeated at the commencement of the second year term of each participant's borrowing of $12,000 by way of the second tranche of funding.”

 

What then were the promoters telling Monpro?

 

 

Australians for Tax Justice Inc

Box 7123 Cloisters Sq 6850