After 26 February 2012 Williams provided Fletcher with access to other betting accounts he had with other corporate bookmakers.

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1 The Cmmissin s investigatin cde-named Operatin Mntecrist arse ut f infrmatin that the Cmmissin received in an unrelated investigatin. Cmmissin investigatrs were tld by a surce that Detective Senir Cnstable Anthny Williams f the NSW Plice Frce Hmicide Squad had asked the surce whether he had access t an nline betting accunt with a crprate bkmaker and, if s, whether, in cnsideratin f the payment f sme mney, he wuld cnsent t the accunt being used fr betting by a prfessinal gambler with whm Williams was alleged t have a clse assciatin. The prfessinal gambler with whm Williams was alleged t have an assciatin was later identified as being Stephen Fletcher. After receiving this infrmatin the Cmmissin cmmenced an investigatin. The investigatin revealed that Williams was invlved in gambling activities with Fletcher and Darren Azzpardi. Williams had first met Fletcher in 2003 and became invlved in gambling activities with him in February On 26 February 2012 an nline betting accunt with a crprate bkmaker Sprtingbet, which was in Williams name, was used by Fletcher, with Williams cnsent, t place a number f bets. The net winnings frm the bets were substantial and were divided equally between Fletcher and Williams. After 26 February 2012 Williams prvided Fletcher with access t ther betting accunts he had with ther crprate bkmakers. Fletcher intrduced Williams t Azzpardi, an acquaintance f Fletcher, wh was als a prfessinal gambler betting with crprate bkmakers. Crprate bkmakers frm part f the legal gambling industry in Australia. Crprate bkmakers perating in Australia include Sprtingbet, Luxbet, Bkmaker and Bet 365. A persn wishing t gamble with a crprate bkmaker can pen a betting accunt with the crprate bkmaker and is then able t place bets n the accunt, either nline r by telephne. There are reasns why a prfessinal gambler such as Fletcher r Azzpardi wuld want t be able t bet with a crprate bkmaker n an accunt in a name ther than his wn. One reasn fr a prfessinal gambler wanting t be able t bet n an accunt in a name ther than his wn is t preserve his annymity. If a bet nt made at fixed dds can be identified as a bet made by a prfessinal gambler wh has a reputatin fr successful gambling, that bet is likely t be fllwed by ther gamblers, reducing the dds n the hrse r greyhund backed by the prfessinal gambler. Anther reasn fr a prfessinal gambler wanting t be able t bet n an accunt in a name ther than his wn is t avid restrictins which may have been placed by a crprate bkmaker n the bets which it will accept frm a persn wh the bkmaker regards as a successful gambler. Restrictins had been placed by sme crprate bkmakers n the bets they wuld accept frm Fletcher and Azzpardi. iv

2 In early 2012 Williams apprached persns he knew t see if they had an existing betting accunt with Sprtingbet which they wuld be prepared t allw Fletcher r Azzpardi t use. A number f the persns apprached gave their cnsent t their accunts being used and these accunts were made available t Fletcher r Azzpardi fr betting by them. In 2012 Williams cntacted Senir Cnstable Marc Smith, wh was a member f the Tactical Operatins Unit f the NSW Plice Frce, t see if Smith had an accunt with Sprtingbet which he wuld cnsent t prfessinal gamblers using. Subsequently Smith and Williams individually apprached ther persns they knew t see whether, in return fr the payment f sme mney, they wuld cnsent t betting accunts being pened in their names with crprate bkmakers. In rder fr an accunt t be pened the persn apprached wuld have t prvide persnal details and identificatin dcuments. Smith apprached at least thirteen f his clleagues in the Tactical Operatins Unit, namely Senir Cnstable Benjamin Bessant, Senir Cnstable Jasn Immens, Senir Cnstable Jshua Kasun, Senir Cnstable Mark Peressn, Senir Cnstable Matthew Zeibts, Senir Cnstable Sctt Rbertsn, Senir Cnstable Adam Mundy, Sergeant Blake Reily, Senir Cnstable Tdd Seydler, Senir Cnstable Michael Innes, Senir Cnstable Bernard Gnan, Senir Cnstable Adam Guest, and Senir Cnstable Michael Fster. He als apprached persns wh were nt plice fficers. Williams apprached sme f his family members and at least ne f his clleagues in the Hmicide Squad Senir Cnstable Christpher Grves. All f the persns apprached wh have been named cnsented t betting accunts in their names being pened with a crprate bkmaker and prvided the persnal details and the identificatin dcuments required. Accunts with crprate bkmakers were pened in the names f all f these persns, wh became the nminal accunt hlders. The accunts were then made available t Fletcher and Azzpardi and used by them fr betting. Each f the accunts pened had a number f unusual features. The accunt was nt cnducted fr the benefit f the nminal accunt hlder. The nminal accunt hlder did nt cntribute any f the mney that was used fr betting n the accunt. The nminal accunt hlder played n part in determining what bets were placed n the accunt. The nminal accunt hlder did nt give any instructins r directins abut the cnduct f the accunt. The nminal accunt hlder did nt receive any reprt f the peratins f the accunt. In sme cases there was direct evidence befre the Cmmissin that the nminal accunt hlder was unable t access the accunt pened in his name, because he was nt infrmed f the identificatin details and passwrd fr the accunt. The Cmmissin cnsiders that, even where there was n direct evidence, it can infer that this was true f all the accunts. These unusual features f each accunt distinguished the arrangement between the nminal accunt hlder and the persn actually perating the accunt frm ther arrangements which cmmnly ccur in the gambling industry and are regarded as unbjectinable. v

3 The arrangement was nt like a punters club. In the usual punters club all members f the club are expected t make sme cntributin t the funds used fr betting and all members f the club participate, at least t sme extent, in decisins abut what bets shuld be placed. The arrangement was nt like a persn asking a friend t place a bet fr the persn at the TAB. A friend asked t place a bet fr smene will usually require t be put in funds r at least be reimbursed fr the amunt f the bet. The arrangement was nt like any usual agency agreement, where the agent acts fr the benefit f the principal, is given instructins by the principal and renders a reprt r an accunt t the principal. At the Cmmissin s public hearing the nminal accunt hlders were smetimes referred t as bwlers. The use f the wrd bwler was ften cupled with a submissin that there was nthing untward in the setting up and using f the accunts, because the use f bwlers is widespread in gambling and is generally apprved r at least cndned. It was apparent frm the evidence befre the Cmmissin that the wrd bwler is a wrd f uncertain imprt. Hwever, the nminal accunt hlders did nt fall within the definitins f the term bwler given by the tw prfessinal gamblers Fletcher and Azzpardi, wh bth said that a bwler is a persn wh places bets n behalf f smene else. Nne f the nminal accunt hlders placed any bet n behalf f anyne else r, indeed, at all. It was nt suggested that the prfessinal gambler using an accunt culd be regarded as a bwler. It was smetimes suggested in the curse f the Cmmissin s investigatin that the activities f Smith and Williams and the prfessinal gamblers had merely relieved the nminal accunt hlders f the burden f pening an accunt and placing bets n the accunt, things which they culd have dne themselves. Hwever, it is critical that the nminal accunt hlders did nt in fact d these things. The accunts which had been pened and were made available t Fletcher r Azzpardi were all perated in a similar way. After an accunt had been pened, Smith r Williams depsited mney, which was prvided by Fletcher r Azzpardi, int the nminal accunt hlder s bank accunt. That mney was then transferred t the nminal accunt hlder s betting accunt with a crprate bkmaker. The mney was used t place bets which Fletcher r Azzpardi had decided t make. The bets were placed by Fletcher r Azzpardi. If a bet was placed by telephne Fletcher r Azzpardi represented t the emplyee f the crprate bkmaker answering the call that he was the nminal accunt hlder. If a bet was successful, the winnings were paid by the crprate bkmaker int the nminal accunt hlder s bank accunt. Mst f the winnings were then transferred ut f the nminal accunt hlder s bank accunt. Fletcher r Azzpardi, at their discretin, wuld allw a small part f the winnings t remain in the nminal accunt hlder s bank accunt fr the benefit f the nminal accunt hlder. vi

4 The accunts were generally shrt lived. If a number f successful bets were placed n an accunt, the crprate bkmaker wuld be likely t scrutinize the accunt and either clse it r place restrictins n the bets it wuld accept n the accunt. Apart frm pening accunts fr the purpse f immediately making the accunts available t Fletcher r Azzpardi, Smith and Williams pened sme accunts fr the purpse f btaining what was described as a free bet frm a crprate bkmaker. A free bet was an incentive ffered by a crprate bkmaker t a persn pening an accunt with the crprate bkmaker fr the first time. The crprate bkmaker wuld match, either in whle r in part, the amunt f the new custmer s initial depsit r bet. The amunt f the free bet culd then be used fr betting. It was a cnditin f eligibility fr a free bet that a persn pening an accunt had nt previusly had an accunt with the crprate bkmaker. Bth Smith and Williams already had accunts with the crprate bkmakers and hence were nt eligible t receive free bets n any new accunts pened in their wn names. The Cmmissin cnsiders that in pening an accunt with a crprate bkmaker in the name f anther persn in rder t btain a free bet Smith r Williams represented t the crprate bkmaker that the persn wh was t be the nminal accunt hlder was the true wner f the accunt and as a new custmer was eligible t receive a free bet. Hwever, all f the accunts had the unusual features which have already been described. Furthermre, if a free bet was btained, the applicatin f the amunt f the free bet was determined slely by Smith r Williams, withut any cnsultatin with the nminal accunt hlder. In these circumstances the Cmmissin cnsiders that Smith r Williams, and nt the nminal accunt hlders, were the true wners f the accunts. The Cmmissin held private and public hearings ver thirteen days in Nvember and December The general scpe and purpse f the hearings was: T investigate whether Detective Senir Cnstable Anthny Paul Williams, r Senir Cnstable Marc James Smith, r any ther member f the NSW Plice Frce r persn assciated with either f them, is r has been invlved in plice miscnduct r criminal activity. The fllwing persns appeared befre the Cmmissin and gave evidence at the private hearings: Senir Cnstable Benjamin Besant; Jasn Immens; Jshua Kasun; Mark Peressn; Matthew Zeibts; Sctt Rbertsn; Adam Mundy; Blake Reily; Christpher Grves; Tdd Seydler; Michael Innes; Bernard Gnan; Adam Guest; Michael Fster; Sctt Muller; Jasn Cursley; Matthew Seagg; Darren Klsque. The fllwing persns appeared befre the Cmmissin and gave evidence at the public hearing: Marc Smith; Anthny Williams; Stephen Fletcher; Darren Azzpardi; Bradley Smyth; and Anthny Quinn. Bradley Smyth was an emplyee f the crprate bkmaker Sprtingbet. Anthny Quinn was an emplyee f the crprate bkmaker Luxbet. The transcripts f evidence that had been given at the private hearings were admitted as exhibits at the public hearing. vii

5 A number f allegatins f plice miscnduct r ther miscnduct were made against each f the witnesses wh gave evidence at the private hearings and each f Smith, Williams, Fletcher and Azzpardi. As t each plice fficer wh gave evidence at the private hearings, it was alleged that the plice fficer engaged in plice miscnduct by prviding his identificatin dcuments and details t Smith r Williams fr the purpse f enabling Smith r Williams t set up and use betting accunts in the plice fficer s name. It was further alleged that the plice fficer did nt cnduct himself in a manner cnsistent with the standards expected f plice, by prviding his persnal details and identificatin dcuments t Smith r Williams in reckless disregard f the bvius risks in ding s. As t each witness wh gave evidence at the private hearings wh was nt plice fficer, it was alleged that the witness engaged in miscnduct by prviding his existing betting accunt t Williams fr the purpse f enabling prfessinal gamblers t place bets n his accunt r engaged in miscnduct by prviding his identificatin dcuments and details t Smith r Williams fr the purpse f enabling Smith r Williams t set up and use betting accunts in the name f the witness. As t each f Smith, Williams, Fletcher and Azzpardi, it was alleged that each f them had engaged in cnduct amunting t a cntraventin f s 192E f the Crimes Act Sectin 192E f the Crimes Act is headed fraud and prvides, s far as is relevant, that a persn is guilty f an ffence under the sectin if a persn, by any deceptin, dishnestly btains any financial advantage. As t each f Smith, Williams, Fletcher and Azzpardi, it was alleged that each f them had als engaged in a cnspiracy t defraud. As t Smith, Williams and Azzpardi, it was alleged that each f them had engaged in cnduct amunting t a cntraventin f s 24 f the Financial Transactin Reprts Act 1988 (Cth). As t Fletcher, it was alleged that he had engaged in cnduct amunting t a cntraventin f s 193Q(2) f the Crimes Act and that he had engaged in miscnduct by failing t declare r pay tax n mney he received as a prfessinal gambler. As t each f Smith, Williams and Fletcher, ther specific allegatins f plice miscnduct r ther miscnduct were als made. Fr the reasns given in this reprt, the Cmmissin has reached the fllwing cnclusins. As t each plice fficer wh gave evidence at the private hearings (Besant, Immens, Kasun, Peressn, Zeibts, Rbertsn, Mundy, Reily, Grves, Seydler, Innes, Gnan, Guest, Fster), the Cmmissin is f the pinin that the plice fficer engaged in plice miscnduct by nt cnducting himself in a manner cnsistent with the standards expected f plice fficers, by prviding his persnal details and identificatin viii

6 dcuments t Smith r Williams fr the purpse f enabling Smith r Williams t set up and use betting accunts in the plice fficer s name, in reckless disregard f the bvius risks in ding s. As t each witness wh gave evidence at the private hearings wh was nt a plice fficer (Muller, Cursley, Seagg, Klsque), the Cmmissin is f the pinin that the witness engaged in miscnduct either by prviding his existing betting accunt t Williams fr the purpse f enabling prfessinal gamblers t place bets n an accunt in the name f the witness (Seagg, Klsque) r by prviding his identificatin dcuments and details t Smith fr the purpse f enabling Smith t set and use betting accunts in the name f the witness (Muller, Cursley). The Cmmissin is nt f the pinin that cnsideratin shuld give t the prsecutin f any witness wh gave evidence at the private hearings. As t the plice fficers wh gave evidence at the private hearings, the Cmmissin is f the pinin that cnsideratin shuld be given t the taking f nn-reviewable actin against each plice fficer under s 173 Plice Act As t each f Smith, Williams, Fletcher and Azzpardi, the Cmmissin has frmed the fllwing pinins. Fr the reasns given in this reprt, the Cmmissin is f the pinin that Smith engaged in plice miscnduct by: dishnestly btaining a financial advantage by deceptin, in relatin t the setting up f betting accunts in the names f the fllwing persns t btain free bets: Besant, Immens, Kasun, Peressn, Zeibts, Rbertsn, Mundy, Innes, Gnan, Guest, Fster, Seydler, Muller and Cursley; prviding his Sprtingbet accunt t Azzpardi fr the purpse f enabling Azzpardi t have bets placed n the greyhund Imry Bale which Azzpardi culd nt have placed in his wn name; prviding betting accunts in the names f the fllwing persns t Williams fr the intended use f Fletcher and/r Azzpardi t place bets which Fletcher and/r Azzpardi culd nt therwise place: Immens, Seydler, Besant, Zeibts and Fster; participating in and instigating miscnduct by private hearing witnesses in prviding persnal details and identificatin dcuments fr the purpse f setting up betting accunts in the names f the witnesses; causing Innes t access the COPS system fr an imprper purpse and imprperly supplying the infrmatin he btained frm such access t anther persn; deceiving his plice clleagues abut the purpse f pening accunts in their names with crprate bkmakers and acting cntrary t the authrity that he was given by a plice fficer (Zeibts) in whse name he set up accunts with crprate bkmakers; ix

7 using his influence ver his plice clleagues t cause them t cnduct themselves in a manner cntrary t the standards expected f plice fficers; having a declarable assciatin with a prfessinal gambler (Fletcher) which was nt declared. In all f the circumstances, the Cmmissin is f the pinin that cnsideratin shuld be given t the prsecutin f Smith fr criminal ffences under s 192E f the Crimes Act, being ffences in the nature f fraud, in relatin t the setting up f betting accunts in the names f the fllwing persns t btain free bets: Besant, Immens, Kasun, Peressn, Zeibts, Rbertsn, Mundy, Innes, Gnan, Guest, Fster, Seydler, Muller and Cursley. Smith resigned frm the NSWPF n 15 August Accrdingly, the questin f whether cnsideratin shuld be given t the taking f disciplinary actin against him under s 97(2) f the Act des nt arise. Fr the reasns given in this reprt, the Cmmissin is f the pinin that Williams engaged in plice miscnduct by: dishnestly btaining r attempting t btain a financial advantage by deceptin, in relatin t: the attempt t btain a free bet n a Luxbet betting accunt pened in the name f Grves by pretending t be Grves, the setting up f betting accunts in the names f the fllwing persns t btain free bets: his sister [MC22], Grves, Seagg and Paul Williams ; setting up betting accunts in the name f Paul Williams and prviding thse accunts t Azzpardi fr his use t place bets which Azzpardi culd nt therwise place; prviding betting accunts in the names f the fllwing persns t Fletcher and/r t Azzpardi fr their intended use in placing bets which Fletcher and/r Azzpardi culd nt therwise place: Immens, Seydler, Besant, Zeibts, Fster, Williams, Grves, Klsque, Seagg, MC4, MC5, MC6, MC7, MC8 and MC9; pretending t be his sister (MC22) in cmmunicatins with the crprate bkmaker Luxbet; pretending t be Seagg in cmmunicatins with the crprate bkmaker Luxbet; participating in plice miscnduct by a private hearing witness (Grves) in prviding his persnal details and identificatin dcuments fr the purpse f setting up betting accunts in the name f the witness; having a declarable assciatin with Fletcher which was nt declared; x

8 using his influence ver a plice clleague (Grves) t cause that clleague t cnduct himself in a manner cntrary t the standards expected f a plice fficer. In all f the circumstances, the Cmmissin is f the pinin that cnsideratin shuld be given t: the prsecutin f Williams fr criminal ffences under s 192E f the Crimes Act, being ffences in the nature f fraud, in relatin t: the attempt t btain a free bet n a Luxbet betting accunt pened in the name f Grves by pretending t be Grves, the setting up f betting accunts in the names f the fllwing persns t btain free bets: MC22, Grves, Seagg, Paul Williams ; the taking f actin against Williams under s 181D f the Plice Act r, alternatively, the taking f reviewable actin against him under s 173 f the Plice Act. Fr the reasns given in this reprt, the Cmmissin is f the pinin that Fletcher engaged in miscnduct by: dishnestly btaining a financial advantage by deceptin, in relatin t: the use f Immens Sprtingbet accunt in 20 f 25 telephne calls that Fletcher made t Sprtingbet in the perid between 28 September 2012 and 17 Octber 2012, excluding frm the 25 telephne calls he made, the telephne calls made at 20:54:26 n 28 September 2012 ( the first telephne call ), 14:14:52 n 29 September 2012 ( the fifth telephne call ), 15:38:49 n 7 Octber 2012 ( the fifteenth telephne call ), 15:57:40 n 14 Octber 2012 ( the twenty-furth telephne call ) and 13:52:51 n 17 Octber 2012 ( the twenty-fifth telephne call ), the use f a Sprtingbet accunt pened in the name f MC14, the use f a Bet365 betting accunt in the name f Seagg; engaging in deceptive cnduct in relatin t betting accunts in the names f MC13, MC14 and MC16; using infrmatin btained frm emplyees within crprate bkmakers t facilitate the use f betting accunts in names ther than his wn and, in the prcess, cmprmising thse emplyees; pssessing inside infrmatin when betting n a hrse named Msheen t lse in a hrse racing event held n 20 Octber In all f the circumstances, the Cmmissin is f the pinin that cnsideratin shuld be given t: the prsecutin f Fletcher fr criminal ffences under s 192E f the Crimes Act, being ffences in the nature f fraud, in relatin t: xi

9 the use f Immens Sprtingbet accunt in 20 f 25 telephne calls that Fletcher made t Sprtingbet in the perid between 28 September 2012 and 17 Octber 2012, excluding frm the 25 telephne calls he made, the telephne calls made at 20:54:26 n 28 September 2012 ( the first telephne call ), 14:14:52 n 29 September 2012 ( the fifth telephne call ), 15:38:49 n 7 Octber 2012 ( the fifteenth telephne call ), 15:57:40 n 14 Octber 2012 ( the twenty-furth telephne call ) and 13:52:51 n 17 Octber 2012 ( the twenty-fifth telephne call ), the use f a Sprtingbet betting accunt pened in the name f MC14, the use f a Bet 365 betting accunt in the name f Seagg; the prsecutin f Fletcher fr an ffence under s 193Q(2) f the Crimes Act. The Cmmissin has nt frmed the pinin that Fletcher engaged in miscnduct by failing t declare r pay tax n mney he received as a prfessinal gambler. Hwever, having regard t the substantial amunt f evidence befre the Cmmissin which culd be relevant t the issue f whether Fletcher shuld be liable t pay incme tax n any prfits frm his gambling, the Cmmissin is f pinin that infrmatin frm the investigatin shuld be disseminated t the Cmmissiner f Taxatin fr his cnsideratin. Fr the reasns set ut earlier in this reprt, the Cmmissin is f the pinin that Azzpardi engaged in miscnduct by dishnestly btaining a financial advantage by deceptin, in relatin t: the use f the Bkmaker betting accunt pened by Williams in the name f Paul Williams and the use f the Bkmaker betting accunt in the name f Seydler. In all f the circumstances, the Cmmissin is f the pinin that cnsideratin shuld be given t the prsecutin f Azzpardi fr criminal ffences under s 192E f the Crimes Act, being ffences in the nature f fraud, in relatin t: the use f the Bkmaker betting accunt pened by Williams in the name f Paul Williams and the use f the Bkmaker betting accunt in the name f Seydler. xii

iii The Commission s investigation code-named Operation Montecristo arose out of information that the Commission received in an unrelated investigation. Commission investigators were told by a source that

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