Ombudsman's Independent Review To Matt Comyn CEO of the Commonwealth Bank FTI Consulting dishonesty (A USA based global company listed on the NYSE)
An investigation by the Australian Small Business and Family Enterprise Ombudsman (ASBFEO). Shows dishonest conduct and an ongoing coverup by FTI Consulting. I have since been told not to send the report to the media and threatened with legal action by FTI Consulting if i do!! I can say the the newspaper article below reporting appears correct to me but should be read in conjunction with the full report (which I'm now not allowed to disclose !!) I will not post the report until I have legal advice and instruction from the Ombudsman as to why they want it kept secret. Bankwest stopped an investigation into these matters by the Financial Ombudsman Service (FOS) in 2017. See attached Document as proof. click link: FOS Ombudsmans advice: " Bankwest have advised me that it "is not prepared to waive any jurisdictional issues that may exist, to enable a fresh Dispute to be considered by FOS. As Bankwest has not agreed to waive any jurisdictional issues, FOS is unable to consider your dispute" Bankwest clearly did not want their conduct investigated FTI Consulting facts link to Document DOC FTI Consulting website LINK
Bankwest appointed dishonest managers and were fully aware of their misconduct but left them there.
The ASBFEO released an independently prepared case appraisal to me on Tuesday 28 May 2019.
I sent the appraisal to several media outlets and to the head of the Commonwealth Bank requesting that he re-opens this case in light of the damming conclusions in the appraisal.
On Thursday someone from the ASBFEO called me and instructed I was not to show anyone the appraisal and not to talk to the media about it. I had at no time previously been told to keep things secret. I asked if I should call the media outlets to withdraw the report but he said do nothing.
On Thursday I received an email from the Bankwest appointed managers, FTI Consulting, which puts me “on notice not to disclose the Appraisal, its comments or your interpretation of it, or otherwise make any defamatory comments or imputations about Taylor Woodings or FTI Consulting” They do not say what is in my email is inaccurate or defamatory because I believe they can’t. FTI have lied to myself and the ASBFEO in saying that recent trading figures were released to me, they simply cannot defend the indefensible. They say that in relation to my email that “If published would cause significant damage to FTI Consulting’s reputation and brand” My email sent in conjunction with the full case appraisal as sent simply tells the truth. Their reputation and brand deserves to be damaged as they have without doubt acted dishonestly and are still trying to cover up. Link to FTI Letter at DOC.FTI
On Friday I wrote to the Ombudsman asking why they wanted a report clearly showing substantial misconduct by a Bankwest appointed manager kept secret.
So It would appear that either I or FTI have lied to the ASBFEO and are continuing to do so which is extremely serious, millions of dollars and peoples reputations are at stake ... further investigation will determine who’s telling the truth on this as well as a number of other matters raised in the case appraisal. I commend the ASBFEO for instigating the case appraisal.
The Newspaper article above was sent to me late on Friday 31 May 2019.
On 5 June Kate Carnell the ombudsman wrote to me to advise that Bankwest receivers have been given until 10 June to respond and that the ombudsman will then likely proceed "in the most timely way possible"
11 June the Ombudsman advise that FTI have requested that they want until 1 July to respond. The Ombudsman advises FTI they will not give more time (FTI have had since last October to gather their facts in this is in my opinion just another delaying tactic by FTI). The Ombudsman advise that they "will now move to the next stage of the Alternative Resolution process" and that they "recommend that this matter be addressed through a Case Conciliation." FTI have been given until 28 June to confirm their willingness to engage in this process. The Conciliation "provides the opportunity for all issues to be raised to a neutral conciliator.... in a timely manner"
28 June 2019 the ASBFEO advise me that FTI have agreed to a conciliation process and that the ASBFEO will start preparing for it next week
FTI have been unable so far to provide any evidence to dispute the fact that in the opinion of the ombudsman's independent case appraiser they were arguably in breach of multiple sections of Australian Corporations Law. I know FTI have acted illegally, they don't have an argument and the facts speak for themselves. It's all in writing and they can't dispute it. I have advised Bankwest and CBA of this.
Further to this I have evidence FTI have lied to a Senate Inquiry. (See evidence on the Sink Boots into Customer page of this website) This is perjury. It is a serious offence to pervert the course of Justice, it carries severe penalties including a jail term and. FTI Senior Management are aware of this.
My concerns raised with Bankwest: To Matt Comyn CEO of Commonwealth Bank the owners of Bankwest. Please read this. You have an obligation to do something.. you just can't ignore this. I have sent you the full Case Appraisal sent to me by the ASBFEO (on 29 May 2019)
Bankwest appointed Taylor Woodings (FTI Consulting) and were fully aware of what was going on including both grossly incompetent and illegal conduct. Links below to some of my emails to Bankwest raising concerns. All my concerns were ignored by senior Bankwest managers. If my concerns were considered by Bankwest considerable losses would have been avoided and I would not have lost my business. For Bankwest to now say (as they have) that its nothing to do with them and its between me and the receivers is disgraceful. If that were the case it would be like saying the churches are in no way responsible for sexual abuse by some priests... the logic is the same. Bankwest has a fiduciary duty to act where they know there is dishonesty, and more so where they appointed and oversaw the perpetrators. Further to this Bankwest issued an instruction to the receivers to "Sink Boots into customer" which is on another page of this website. My Emails sent to Bankwest: (click on DOC links to see the full email) 1) 19 August 2011. Explaining that my company is profitable and raising concerns over receivers conduct DOC1 2) 6 October 2011. Asking why after 11 weeks is the National Hotel not on the market? DOC2 To which Lawyers acting on behalf of he Bankwest receivers replied on 13 October: " Our clients do not have any obligation to provide Mr Butler with such information and, consequently, our clients do not intend to respond to Mr Butler's inquiries in this regard" I ended up paying the receivers and these lawyers over $1.2m for their work supposedly acting on my behalf and that's how they treated me!! 3) 11 October 2011. Raising concerns why my offer for Lighthouse Hotel not considered DOC3 4) 18 October 2011. Why National Hotel still not on market after 12 weeks? DOC4 5) 2 November 2011. Why National Hotel still not on market after 15 weeks? DOC5 6) 4 November 2011. Advising their inaction at National Hotel has resulted in structural damage DOC6 Lawyers acting on behalf of Bankwest receivers advised me on 4 November: "marketing of the National Hotel is dependent on the completion of the engineers report and the "cost to complete" in respect to the property, together with the approval of the application for the rooftop bar"DOC2011.11.4 Despite saying that they were doing this no engineers report was ever shown to me ( I doubt it was done) and the cost to complete and application for the rooftop bar were not done. Bankwest receivers withheld all information from me that could have allowed me to do all this and they held up the sale for months while doing nothing and charging me up to $120,000 a month for their and their lawyers fees. 7) 7 November 2011. Why National Hotel still not on the market after 16 weeks. DOC7 8) 8 November 2011. I find out our receivers have done nothing regarding National Hotel. DOC8 9) 9 November 2011. After 16 1/2 weeks receivers have done nothing. further water damage. DOC9 10) 11 November 2011. SERIOUS FALSE ALLEGATIONS by the receivers. DOC10 11) 15 November 2011. Meeting request outlining serious concerns over receivers conduct DOC11 12) 21 November 2011. Why National Hotel still not on the market after 18 weeks. DOC12 13) 25 November 2011. Concerns over National inaction DOC13 14) 26 November 2011. Agents advice re National Hotel "Complete and utter waste of time" warning DOC14 15) 3 January 2012. Warning to Bankwest over receivers conduct and requesting that that administrators be removed over my business to avoid further unnecessary costs, delays and loss in value. DOC15 Bankwest ignored all these concerns leaving incompetent and dishonest receivers Taylor Woodings / FTI Consulting to destroy my business. (documents at dropbox/Docs/Bank/ASBFEO Mediation 2019)
ASBFEO HAS THE POWERS TO HELP The Ombudsman has the legislative powers to conduct an inquiry into an area that the Banking Royal Commission failed to address such as the "conduct relating to third parties such as receivers, liquidators and valuers, in relation to small business financial services disputes" Link to their newsletter confirming this DOC Link directly to their newsletter: https://www.asbfeo.gov.au/news/news-articles/time-banks-show-they-have-actually-changed My letter to the Ombudsman, Kate Carnell, requesting that the ASBFEO open an investigation into such misconduct DOC
01 May 2019 The Australian Small Business and Family Enterprise Ombudsman, Kate Carnell today welcomed Labor’s commitment to establish a free legal advice service for small businesses and farmers in dispute with financial service providers. “Through this initiative, small businesses and farmers would get free legal advice as soon as a dispute arises,” Ms Carnell said. “This service would continue to provide legal advice if the dispute is escalated to the Australian Financial Complaints Authority (AFCA) or is taken to court. “Small businesses and farmers would also be able to call on this advice to prepare for past cases to be considered by AFCA under its extended remit – to consider eligible financial complaints from small businesses dating back to 1 January 2008. “We support measures that ensure small businesses have access to justice, particularly in cases where there's an imbalance of bargaining power. “The court system is expensive and is extremely time-consuming; money and time are two key things that small business owners don’t have. “Phase I of our Access to Justice Inquiry found three out of five small business owners sought legal advice from a lawyer. Even with legal advice, small businesses find the cost of any action to achieve justice outweighs the potential gain. “The proposed initiative would have the ability to actually fund cases, which is a real step to achieving justice for small businesses and farmers with valid cases against their financial service providers.” https://www.asbfeo.gov.au/news/news-articles/free-legal-advice-service-small-businesses-and-farmers-welcomed