Stephen Robert Allen, the sole director of K.H.N Holdings Pty Ltd trading as Alkemade & Associates, has been charged on indictment in the County Court of Victoria in Melbourne with criminal offences for falsifying the signatures of registered company auditors on multiple documents.
Mr Allen has been charged with contravening s83A(1) of the Crimes Act 1958 (Vic). It is alleged that Mr Allen used false signatures in connection with the audits of 12 clients between July 2015 and November 2020 and he also falsified a form lodged with ASIC in February 2021.
The false signatures were applied to various documents, including audit opinions, auditor independence declarations and independent audit reports and review reports. It is alleged that those documents were included in annual reports and other financial statements that were lodged with ASIC and various other regulatory bodies.
Mr Allen has also been charged with falsifying a document by purporting to be a different registered company auditor and lodging that document to obtain consent from ASIC to resign as an auditor, in contravention of s1308(1) of the Corporations Act 2001 (Cth).
Proceedings were commenced in the County Court by direct indictment after Mr Allen made a formal statement.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions after an investigation by ASIC.
The matter will be heard at a first directions hearing in the County Court on 24 July 2023.
Background
Alkemade & Associates is an accounting business that operates from Surrey Hills, Victoria.
Mr Allen holds accounting qualifications and memberships. However, Mr Allen has never been a registered company auditor and K.H.N Holdings Pty Ltd has never been an authorised audit company.
The maximum penalty for the s83A(1) offence is 10 years’ imprisonment and the maximum penalty for the s1308(1) offence is 5 years’ imprisonment.
Editor's note 1:
On 24 July 2023, Mr Allen was arraigned and pleaded guilty on both charges in the Melbourne County Court. Mr Allen was admitted to bail on his own undertaking. This matter is adjourned to 5 February 2024 for plea hearing.
Editor's note 2:
On 1 February 2024, the hearing listed for 5 February 2024 was adjourned until 27 May 2024.
Editor's note 3:
On 27 May 2024, this matter was heard at a plea hearing in the Melbourne County Court before Judge Parrish. Mr Allen was arraigned and pleaded guilty on both charges. The Court heard submissions from the Crown and defence regarding sentence. The proceedings have been listed for sentencing on 10 July 2024.
Editor's note 4:
On 5 July 2024, the sentencing hearing that was to have taken place on 10 July 2024 was relisted for 19 July 2024.
Editor’s note 5:
On 19 July 2024, the hearing was adjourned for a further sentencing hearing on 29 July 2024 at 9.00 am.