White collar defence – 25 Million dollar fraud case dropped by Prosecutor

Alan Phillips of Rostron Carlyle Rojas Lawyers instructed Greg McGuire of Counsel in a five year fight for our client, Mr Erwin Walter Filler, who was alleged to have fraudulently obtained $25million worth of property.

In October 2013, our client was charged with fraud with a circumstance of aggravation, in that the alleged value of the fraud was over $30,000.00. The charges related to a commercial transaction with respect to a property in the Sunshine Coast. The property was named ‘Yalanga’ and was owned by Suncoast Pastoral Company Pty Ltd. The property was substantial, being 1,643.75 hectares. It was valued at $20,700,000.00 in 2007.

The allegation was that our client, Mr Walter Filler, and his co-accused, Mr Rahoul Ray (defended by Guest Lawyers instructing Damian Walsh and Chris Wilson of Counsel) dishonestly obtained the property from the previous owners. Our clients were the directors of a company which was listed on the Frankfurt Stock Exchange called Nexis Holdings. The company was a research and development company focused on the development of waste products into building panels, which would be used across the world to offer affordable and reliable housing. The property was bought by the company, with part of the transaction being made up of shares in Nexis.

There were complex contracts in place to facilitate the purchase of the property, but put simply, the allegation was that the seller was defrauded as they suggested they were misled about the nature of, and the value of Nexis. We defended the charges tooth and nail, and continuously fought to ensure that the unsubstantiated allegations were seen to be just that. The matter progressed through a committal hearing, and three jury trials over a five year period.

In October 2018, our client finally had his name cleared, as the prosecuting office entered a nolle prosequi in relation to our client and his co-accused. This followed an extended and vigorous cross examination of the crown witnesses through a committal hearing, and three trials. It was evident that the witnesses’ evidence was unreliable. We were confident that a jury would have returned not guilty verdicts should the matter have proceeded. All counts on the indictment were discontinued, and Mr Filler and Mr Ray were finally free to continue with their lives.

If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.

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