Worstpac The First Bankster - The Story Behind The Theft Of Colin Uebergang Family's Qld Mt Carmel Properties & Two Businesses
Worstpac The First BanksterThe Story Behind The Theft Of Colin Uebergang Family's Queensland Mt Carmel Properties & Two Businesses
A report of how one of Australia’s four major banks engaged in criminal behaviour with others which landed their former multi -millionaire customer in jail. He wrote this book while serving time for their crime. In the 9 months before his appeal was heard and his exoneration.
This book in the form of a report was tables in the Parliament of Queensland’s Legislative Assembly on the 22nd of August 2000. By an independent M.P. who had a clear and honest belief that justice should be done and seen to be done.
Some Samples are below.
“The United States Bankers Association magazine of August 1924 stated:
“Capital must protect itself in every possible way, both by combination and legislation. Debts must be collected, mortgages foreclosed as rapidly as possible.
When, through process of law the common people lose their homes, they will become more docile and more easily governed through the strong arm of government applied by a central power of wealth under leading financiers.
These truths are well known among our principal men - imperialism to govern the world.
By dividing the voter through the political party system we can get them to expend their energies in.
It is thus by discreet action we can secure for ourselves that which has been so well planned and so successfully accomplished.”
This quotation was reprinted in the Idaho Leader, USA, 26 August 1924, and has been into Hansard twice: by John Evans MP, in 1926, and by M.D. Cowan MP, in Session of 1930 – 1931.
The ancient system of usury banking which is still used throughout the developed world can be described as a legalised Ponzi System. The collapsed United States banking system recently required $490 billion virtually overnight to keep Americans from national bankruptcy.
Through the final days of 2008, hundreds of billions more was required in order to prop up the global Ponzi Systems of banking. Throughout 2009, billions more of the peoples wealth will be required and will be printed by governments and handed to the global Capital Adequacy totally depleted Ponzi banking system, which as history has shown will fail again in less than twenty years and return for another on demand Ponzi payment fiasco.
In 1920 the eponymous Ponzi scheme was orchestrated by Charles Ponzi, in the end, only a third of that money was returned to the investors.
On December 11, 2008, former chairman of the NASDAQ Stock Market Bernard Madoff was arrested and charged with a single count of securities fraud—totaling $50 billion of fraudulent losses. It is alleged that one of Madoff’s biggest, René-Thierry Magon de la Villehuchet, committed suicide around December 23, 2008.
Where it is referred to as Capital Adequacy of the present banking system or be it one of the unacceptable Ponzi Schemes, both have a history of failure because of greed, and in the end, both demand the people pay the tragic price of extortion.
Worstpac - The First Bankster
BANKERS LIES, CRIMES & SUICIDES
“Australian Family Tragedies”
A short introduction that will depict some areas of my personality and will portray past and present personal feelings held by me, primarily unpleasant, of only a very few of those people whom I have employed, ninety nine percent of whom I have been proud to have had an association with over almost fifty years of working beside them. From more than four hundred people whom I have permanently and seasonally employed over this period, I have terminated the non-scheduled conclusion of employment of only two.
Others of whom I have disparaging thoughts, and are mentioned in this book, represent primarily professional people such a judge, lawyers, bank managers and some of their staff, and of course various politicians, who have assumed the power to manipulate and control the people in a manner contrary to the obligations required of them which is spelt out in the Australian Constitution.
Before I am judged for my outspokenness in the paragraph, please contain this impulse until you have finished reading my book, then tell me that I am wrong if you then believe so, at which time I will accept your assessment of my work with humility.
This is the story of part of my life from 1970 to 1997, the year, which ended with me in JAIL on the 6-10-97 when I received a sentence of two years for Fraud against the Uncle Tobys Company, to which I pleaded “Not guilty.”
Westpac Bank was shown to have paid $150,000 to Uncle Tobys. Uncle Tobys then placed criminal charges on Colin Ubergang in collaboration with Westpac Bank. There is much subpoenaed documentation that confirms this fact.
WESTPAC BANK & THEIR WORLD WIDE PROBLEMS
In 1987, Westpac Bank was funding my family agricultural developments. Westpac Bank was in an insolvent financial position by the 1990’s
The full details of this financially troublesome division of Westpac, is well described along with the fraud of the parent in Edna Carew’s highly investigative book “WESTPAC; THE BANK THAT BROKE THE BANK”.
There is another book written by Graham Hand, “NAKED AMONG CANNIBALS” which gives some interesting statistics relating to the financial misfortunes of Westpac Banking Corporation in the 1990 – 1995 period. Graham Hand was the Managing Director at NatWest Australia before retiring in 1996 to write full time.
On page 109, Table 8.1 of Hand’s book, it shows the Operating Profit of the major banks in Australia. (Figures) are losses.
It can be seen that Westpac Bank was insolvent in 1992 with a loss of $1.5 billion. It was divulged in the Annual Report of Westpac, that the small profit in 1993 of only $44 million was only possible after the bank utilised the staffs Superannuation Fund.
It is my firm belief that when the Operating Profit of a business climbs from a loss of $1.5 billion, with a second year of deceitfully covering up its second loss, then dramatically returned in the third year to a profit of $700 million, the business is either involved in criminal activity against its citizen clients, or is simply an Australian Bank being allowed to do so by the subservient Governments of all political persuasions since the day these rogues enacting deregulation legislated for the banks in 1982.
Westpac Bank managed both the tea tree and the organic wheat illegally for 28 months and illegally took all income and the proceeds of all assets during the period. They had their receiver manager illegally grow and certify a crop of organic wheat in 1992 and deliver it to Uncle Tobys, who in turn illegally dealt with the crop as we will see further down the track, and a story of bank fraud that would be hard to equal in dirty-tricks.
Westpac Bank had broken the Uebergang-Westpac-Poolman agreement by appointing Dickson and Tuttle as receivers and managers to the businesses. However, it didn’t take Dickson long to work out that his appointment as receiver was worthless and that he could not operate the businesses without me signing the additional securities. Dickson dearly wanted to get on with his job, as he and his firm was to receive over $1.5 million in manager’s fees throughout the period of 28 months.
Westpac documents marked INTERNAL & CONFIDENTIAL were later discovered and brought to light by Mr John Salmon. These documents divulged the secret policy of Westpac, which was to force the disposal of client’s assets once a receiver had been attached to those assets, legally or otherwise. Therefore Westpac Bank had no intention of fulfilling their agreement and allowing the Poolman trade-out to come to fruition.
John Salmon has become a friend and a most helpful person over almost a decade to me and many others who have experienced unconscionable and fraudulent conduct from banks. Now retired, the National Australia Bank employed him for 36 years, 16 in a senior position. John well knew the fraudulent behaviour of banks and how they influenced and corrupted the legal system with their own perceived aloof righteousness.
One day I asked John why was it that the management of the National Australia Bank was seen to be more ethical and profitable than the other three major banks in Australia, and he replied: -
“They are just smarter crooks.”
DES WARE, THE WESTPAC BANKER WHO PLACED AN ILLEGAL RECEIVER AND MANAGER TO THE UEBERGANG FAMILY BUSINESSES, AND DIED DOING IT.
Des Ware of Westpac Bank was the person who attempted to trick me into signing voluntary receivership documents and to hand over additional securities.
Ware was the architect, who knowing that the Bank’s securities were inadequate to legally secure the freehold of our properties, had his assistant, the inept Greg Buzza sign a statutory declaration to illegally extend the 1990/91 crop lien for the purpose of attaching their illegal receivership to our family businesses. Dickson, their receiver manager then illegally operated the properties for two years, bagged all the income and then sold the assets for Westpac Bank.
And this was all part of the well thought out and rehearsed seductive drama, the Westpac Bank artists were so talented in performing against their prey, the customer.”
Dickson was eventually asked to leave K.P.M.G. Peat Marwick, accounting firm, and he was required to surrender his receiver’s licence in disgrace after being investigated by the (CJC) Criminal Justice Commission. I believe Dickson’s dismissal as a receiver was attributed to his mishandling of the Westpac-Uebergang issue.
In the meantime, Dickson was also using Stemp and Gaudern to work for him against me in his relentless destruction of Colin Uebergang, which had become an obsession with him. I will give more on this later.
The bank was pressing Dickson to have me sign the new securities. He tried straight bully tactics of; “We will sell up all your properties and not allow the trade out of your businesses if you don’t sign the documents.”
“However, there was a statement in one of Dickson’s reports, where he had shown that Westpac Bank was even more dishonest than he was.”
(This is referred to in Chapter 19.)
Magistrate O’Donnell said of Dickson the Receiver;
“Dickson deliberately lied, and could not be believed.”
However Dickson wrote in his report that; “The decision of the Bank to sell Mt Carmel is contrary to what has been indicated to the Uebergangs by myself or the Bank.”
I received notice of dismissal on January 17th 1993, my birthday.
There were many violations to the organic status of Mt Carmel and the grain by Dickson during his period of management in 1992.
However the most significant of these was the mixing of wheat from the 1280 acres (two square miles) of paddocks 6 and 7, with 10 square miles of wheat which he illegally certified as organic, and the obvious instruction to Strahley to fumigate the 100 tonnes of wheat with Phostoxin gas to kill off the infestation of weevils before the lot was sold and shipped off to Uncle Tobys as organic.
Constable Lucht in evidence told the court that the police, Westpac Bank, their receiver Dickson and Feez Ruthning the Banks lawyers “were in daily contact”, and “sometimes several times a day” and this was indicated to have occurred over several months. This statement by Lucht confirmed the fact that Westpac Bank and their associates were up to their necks in a conspiracy with the police over the matter.
OUR ATTEMPT TO HAVE THE LEGAL FRATERNITY ASSIST US IN STOPPING WESTPAC BANK POSSESSING AND SELLING OUR FARMS AND DESTROYING OUR TWO VERY PROFITABLE BUSINESSES.
Yes! Both the Mt Carmel wheat property and the tea tree oil plantation were very profitable, and were certainly in that state when the bank sold our family assets.
Mt. Carmel had for 10 years, shown a 26 percent average annual return, and in the year it was sold it was performing as it had for years, so there was absolutely no logical or financial reason to sell this wonderful property, which led to the destruction of the operating business of C. Uebergang & Sons.
The conclusive proof that demonstrates outstanding viability of these two family businesses is the fact that Westpac had their receiver Dickson continue to operate these projects for a further two years while in the possession of the Bank, before disposing of the properties, shows sufficiently and conclusively that the properties were viable.
If these businesses were un-recoverable financially, Westpac was liable as pseudo-directors and would have violated the A.S.I.C. (Australian Securities and Industry Commission) regulations, resulting in possible prosecution for continuing to operate an insolvent business.
Westpac had agreed with the Uebergangs to a trade out of the development cost of the tea tree plantation debt, and then later broke this agreement without provocation. This was also admitted by the receiver in his report to Westpac.
The family did not know, as it later found documents to show, that it was a standard policy of Westpac bank to sell all properties which they had placed receivers to the assets, irrespective of the promises made to the contrary to the property owners.
In relation to this move and in an attempt of placing a financial obstacle to this action, Westpac sought to have the Federal Court place a $400,000 bond against the Uebergangs for security of their costs.
Chesterman Q.C. who was subsequently made a judge, presented the case for costs on behalf of Westpac before Judge Spender, and argued the case for Westpac on the basis that the Uebergangs would not have the financial ability to pay Westpac’s costs if they lost the case, therefore they should be required to place the bond with the Court prior to the case being heard. If this could not be done, then the case should be struck out, was his argument.
“Could this be justice?”
Judge Spender told Chesterman Q.C. that the case appeared to be a case that should be tried against Westpac and that :
“You had better start living in the real world Mr Chesterman because this case will go to court and I will not place cost impediments on this family by doing so.”
“It was not accepted by Westpac Bank to ask only once of the Federal Court that Security of Costs be paid by my broke and destroyed family, But three times before they were able to persuade a judge in their favour.”
POLICE CHARGES & POLICE FRAUD
EXHIBITS 1 & 2
The Uebergangs were advised by their legal counsel to report the fact that Dickson had mixed 1280 acres of undisputable uncertified wheat from the organically uncertified paddocks of 6 and 7, with the larger areas of wheat he grew illegally as organic, which if not reported could impact later on the Uebergangs by various food consumer authorities such as Australian Quarantine Inspection Service.
“This was done, however the police conveniently lost all records of this initial investigation report when the matter came to court.”
Westpac Bank, the receiver manager Dickson, Uncle Tobys, NASAA and their lawyers all went into “damage control to consider their position,” as stated later by Magistrate O’Donnell. Stemp and Strahley were present at some of the meetings held by the bank, their professional service group, and Uncle Tobys.
It was decided by them to “work closely together and tough it out against the Uebergangs.”
Critical issues that were not pursued or contested, was that of police fraud, where they substituted the original 1990/91 document, for a 1993 document, and presented it as Exhibit (1). This replacement document had not been as yet developed by N.A.S.A.A., at the time of the purported crime in 1991 by the Uebergangs, but it was allowed to be used.
This was not the finish of the fraud by the police in their preparation of the case against me; they decided to eliminate 29 pages from Exhibit (2), allowing the two final pages to remain only, which showed Mt Carmel specifications, and my signature on pages 30 and 31, hoping that these two pages would be assumed by my counsel as being the correct final two pages of Exhibit (1).
I believe that if this issue were attacked at the commencement of the committal hearing there would not have been a trial. For this extremely important fact to not be delivered forcefully to the jury in the trial by my defence, leaves one with dismay, and me in jail.
Constable Lucht was asked by my Counsel, “From years 1990 and 91 and the crop grown by receiver manager, was there any chemical residual contamination found in any wheat supplied by the Uebergangs to Uncle Tobys or by Dickson in 1992 or anything that affected the integrity of the organic status of the grain.”
After an attempt to evade the question his answer was; “NO”
“The sham case should have ended at this point not 70 days later.”
Brunner who was Mill Manager in Victoria for Uncle Tobys was asked if tests had been carried out on all grain from Mt. Carmel, and his answer was “YES”.
He was asked “if there was any chemical contamination found in any of the organic wheat.”
His answer was; “NO”.
I would like to quote a few lines from the book written by Brett Dawson; (THE EVIL DEEDS OF THE RATBAG PROFESSION IN THE CRIMINAL JUSTICE SYSTEM)
This Author has had thirty years experience as a prosecutor, defence lawyer, property lawyer, civil litigation lawyer, law lecturer and professional trainer of law graduates.
He tells us on page 32 of his book; “Make no mistake, any lawyer who is a ‘successful’ criminal defence lawyer, which means a high profile money making one, is an out and out evil rotten ratbag. Criminal court defence advocates have always been more dishonest than the other lawyers. They observe different ethics.”
“Well, how do you like that description of our learned friends, from one (a lawyer) who should know?”
THE DISCOVERY OF EVIDENCE THAT SHOWED UNCLE TOBYS CONTAMINATION OF THEIR OWN STORED ORGANIC WHEAT WITH DIELDRIN IN 1993 AND THEN USED THE WHEAT TO MAKE ORGANIC VITA- BRIT
However, it is known to at least the involved parties that we have conclusive evidence that Uncle Tobys contaminated their own organic wheat, and deceitfully sold it without the NASAA label to an unsuspecting public as an organic breakfast food product.
It would be interesting to know if Westpac have asked Uncle Tobys to return the $150,000 cheque, now that it was disclosed in court that Uncle Tobys contaminated their own wheat?
“Knowing these bastards as I do, they would have thought about the issue for sure.”
Albert Brunner – Uncle Tobys Mill Manager, Victoria.
Hardcastle: “Mr. Brunner, then Uncle Tobys were using the N.A.S.A.A. label on their Organic Vita Brits boxes which purported to show that the product was grown, stored and manufactured without chemicals, and this went on for 14 months before Uncle Tobys received registration from N.A.S.A.A. to be an organic manufacturer?”
Brunner: “Yes, 8 months before we had contact with Colin Uebergang”.
Hardcastle: “Mr. Brunner, were you aware of the fact that Uncle Tobys removed the N.A.S.A.A. label off boxes of Vita Brits after allegations were made that the receiver and manager Dickson sold wheat to you as non-organic”?
Brunner: “That must have been the case, yes”.
Hardcastle: “Mr. Brunner did you know that the wheat you bought from Mt. Carmel in 1992, and delivered in January 1993 showed no chemical contamination from your own tests in April 4th 1993”?
Hardcastle: “And after you had this grain for some four months, it was tested on the 16th April 1993 and this wheat then showed that 55 samples had bored grain and weevil contamination in it”?
Hardcastle: “Mr. Brunner, if this grain in your own silos was not treated for weevils it would be totally destroyed within some months, is that right”?
Hardcastle: “Mr. Brunner, were you aware that A.M.A. Laboratories test on the 1500 tonnes of Mt. Carmel Sunco wheat showed Dieldrin and CRL contamination in a test conducted in your wheat on the 30/8/93?”
Hardcastle: “Mr. Brunner, this must have been applied by Uncle Tobys, is that not so?”
(Minutes later Brunner denied that he had said “Yes” to this question.)
Hardcastle: “Mr. Brunner, and this Sunco wheat was used as a ‘stop gap’ measure by Uncle Tobys for the manufacture of organic Vita Brits without the N.A.S.A.A. label and with the claim that it still was grown stored and manufactured without chemicals, is that so Sir.”
JUDGE MANUS BOYCE
Judge Manus Boyce stopped this questioning at this point and sent the jury out of the court and instructed the defence not to proceed with the questioning of witnesses in relation to the 1992 crop at Mt. Carmel that Dickson grew illegally certified as organic and delivered to Uncle Tobys.
The judge instructed the jury on their return to the court that they were to delete the previous witness’s evidence from their consideration as it was not the 1992 crop which Uebergang’s charge was attached to, and it was not Uncle Tobys who were on trial.
I was told by several eminent and senior barristers that, had I been placed in front of any other judge than Boyce in my trial I would have been cleared of all three charges as he was described by one as a “dick head” another as “full of shit”, and I was amazed at this explicit account of a judge by such distinguished counsels. Although this was comfort after the event, it has placed me in jail for several months awaiting my appeal on the one remaining charge.
The judge erred here as some of the questions to Brunner were related to the 1990 crop which Uncle Tobys processed into organic Vita Brits, claiming they were N.A.S.A.A. certified when they didn’t even have registration from N.A.S.A.A. to do so for 14 months after they had commenced to display the N.A.S.A.A. label.
I have since been told that Boyce has had 70% of his appealed cases overturned by the judges of the Appeal Court. I would like to know how he is allowed to continue in his job of arbitrating on issues of justice for the people of Australia?
I was tried by an eleven (1l) person jury which I understand is unusual, not to have 12 jury people. Boyce sacked one person from this jury because he was heard to have participated in an early morning “talk back” radio program where he was reported to have stated that he was a jurist on a complicated case involving an agricultural problem and he felt it was not a criminal matter but a commercial case and that;
“he was going to spill his guts about the case after the trial”.
“Do you want to hear some good news,
Your Appeal has been upheld, your conviction quashed”.
I grabbed Taxsmin and kissed her, she seemed as happy as I was.
This is the only time in my life that I have kissed a Screw.
I went back to Larry who after congratulating me, he let me call Susanne on his phone. She was delirious also and told me that the three Judges were unanimous. Larry said as I got off the phone that I was officially free to go but they were not going to let me leave the W.O.R.K Centre because there would be no one in the place that could do the gardening. I would have to stay in jail.
Susanne was there in tears to collect me in less than an hour and I had only just showered, collected my things, cleaned my cell, returned the TV to the store and said goodbye to the few people who had become my friends. It was like leaving home, as many inmates and the Screws wanted to congratulate me and shake my hand.
However, with Susanne standing in front of the Screws’ fish bowl with tears streaming down her face, I had to get away from the place which had been home for 5 months almost to the day as my emotions also produced moist eye lids, and we walked out of those gates for the last time together.
My family were all there waiting at home for us,
And we quietly said thank you
To all those people who gave us support.
There were two celebrations that day,
My homecoming from jail
And Susanne’s’ Mother’s
83 rd. birthday,
An interesting book that you may not find in your local book shop.
Available for $20.00 plus postage from
13 Alcheringa PL
Robertson Queensland, 4109.
Phone 07 3344 2713,
Fax 07 32218828
Worstpac the First Bankster
- ANZ Backs Down, Farmers in crisis, Charlie Phillott's Victory
- ANZ Backs Down, Farmers in crisis, Charlie Phillott's Victory
- ANZ Backs Down, Farmers in crisis, Charlie Phillott's Victory
- Former Westpac Bank finance manager faces charges over $2.5 million fraud
- New insolvency laws may not fit the bill: Stewart Levitt