Australian Police refuse to investigate CBA Loan Fraud – Response

Dear DSC Hardham,

Yes, you  prioritise. And yes, murder is more important than fraud. But you are obviously sidestepping your sworn duty to investigate ALL breaches of Her Majesty’s peace (and I’m obviously not talking about the specific crime called “breaching the peace”).

Some points that are relevant:

1.  A bank, or any corporation, it defined legally as a “person” and can be criminally and civilly prosecuted, so your retort on that point was a complete blow-off! (and aiding and abetting an alleged criminal).

2.  Fraud by a bank is no different to armed robbery of a bank, except it is done without a balaclava or a weapon.  In the US, bank fraud and loan fraud, in particular, is an epidemic.  In other words, if you don’t nip it in the bud it proliferates and becomes aided and abetted by the very pillars of society sworn to protect the members of that society.

3.  Destruction of documents is a crime and a fraud in itself, as you would likely know.  The ATO requires a 7 year holding period for financial documents; so your bald-faced assertion that “other large banks … state this is common practice” just doesn’t cut it, mate.  Who makes the laws in this country?  Parliament, or the banks?  Or “common practice”? Oh … silly question! Why don’t we all commonly practice murder or theft?  Then that would become the law (just like the Gold Coast “wild east”).

4. Don’t you have a separate fraud squad as many police forces do?  (I think you answered that one)

5. You admit there is fraud involved, yet state it is civil.  It’s not trespass, which has both components.  Civilly, you can take actions to redress a tort and claim damages, but the criminal complaint cannot just be ignored or dismissed.  You would be derelict in your duty in doing so.

6. You state that the bank can’t hold such records for long periods of time, yet you state you were able to obtain copies of the records.  Q.  How is it that copies are available if they can’t store the original records for purported logistical difficulties? That’s Rubbish!!

7.  Is phoning a suspect and waiting for them to respond standard police operational procedure in Queensland?  If so, that might explain your high crime rate.  As far as the Cairns police, haven’t they heard of warrants?  They should be easy to get – just go see a JP rubber stamp like most police officers do.  (I’ll bet the Gold Coast to a brick that if this broker had driven without a “license” you’d be up there like a rat up a drain pipe!)
So, you really do yourself a disservice by being so dismissive “due to workload reasons.”  Come on – do you really have to justify your downgraded role due to political budget cuts?  Why don’t you arrest, as in Iceland, Hungary and Russia, the treasonous politicians and robber baron bankers?  Now that would show us you’re really serious.

Why don’t you spend most of your time investigating REAL criminals rather than the resources of police being diverted to chasing people to the ends of the earth for speeding fines and other such statute-created revenue-raising “offences” which only cause disaffection in the public and cause people to come to hate you?  You only create a rod for your own backs.

I’ll tell you why – because banks are looked at as “respected institutions” and white collar criminals are harder to catch than Joe Blow driving 5 km over the “speed limit”.  As they used to say in the Old Country – it’s money for old rope!

Do you really think we members of the public are gullible to swallow anything a police officer tells us?  Judging from what you wrote, you spent more time writing your letter to Wayne than investigating his complaint.

So, I think it’s time to get real, constable of Her Majesty the Queen.  And aiding and abetting is just as serious a crime as the fraud itself.  See how that sits with your conscience (if you have one – I’ll give you the benefit of the doubt, for now)

The final question is – are you an upholder of the LAW? Or a bureaucrat/politician?  Because from the way it looks at the moment, it leans towards the latter.  God help us!
Yours Truly
P.S.  Your email is a great tourism ad for the Gold Coast; seems you have such a skyrocketing violent crime rate that I would be loathe to even visit, let alone live there!   Sounds more like the Gold Coast in Chicago, than a holiday destination in Oz.

Subject: RE: CBA Loan Fraud. QP 1200 855 659

Date: 1 May 2014

I appreciate your frustration.  However all matters investigated by police need to be prioritised, this is done due to resources available against the seriousness of individual matters.  I am not saying your complaint is not serious however a fraud will always be given a lower priority than offences such as murder, rape and other violent offences.  Since I have received your file I have investigated 2 x suspicious deaths (1 being the death of a 14 year old boy that a coronial brief involving in excess of 150 witness was compiled by myself to present to the coroner, this matter is still before the courts.  The investigation for this matter took me 9 months.  During this period I was essentially committed to this investigation full time due to the priority a death investigated is given.  The second death investigation which I am still currently in the middle of has resulted with a person charged with the offence of Murder (the most serious crime contained within the Criminal Code)).  I am unable to tell you how long this investigation is likely to take.
These investigations have been undertaken by myself along with numerous armed robbery investigations and serious rape investigations, all the type of offences that are given a higher priority than fraud.  I have 2 other frauds on my investigation list currently that are of a significantly higher value than the alleged fraud you have reported, both were reported to police at a similar time and some investigations have occurred when time has permitted.  You may ask why does someone else not be given these files?  Unfortunately every other investigator attached to the office has a similar or larger workload.  
I have as stated to you been able to obtain a copy only of the CBA records, I have also been able to recently locate the ‘Broker’ to be living in the Cairns area, the information I have is he is retired (I have been unable to confirm this at this point).  I have left messages on his listed number but have yet to get a return call (I have been unable to confirm if this number is correct as it is generic answering service).  I have requested Cairns police to visit his listed address on 3 occasions, on all these occasions no person has been home.
I am aware of all the offence sections you have sent through to me.
The evidence that is available (or not available) due to the bank destroying the files makes it extremely difficult to prosecute any one in regards to your complaint.  In regards to the bank destroying originals I have been in contact with the other large banks who state this is common practice as they do not have the facilities etc to hold the extensive amount of documents coming in (you should not look at this act as some conspiracy to hide evidence).  The first thing you need to do in a criminal prosecution is prove who performed the act, we cannot charge ‘the CBA’.  Without the original documents we will not be able to show that things have been altered from the original document you signed.  I understand you do not want to hear this but it is the reality.  Criminal prosecutions are held to the highest degree ‘Beyond reasonable doubt’.  I appreciate you have received advice contrary but I believe your best avenue is civilly which has the lower burden of proof being balance of probabilities.  I have spoken to my direct supervisor in regards to this who is also of this view.  I have received further advice from the fraud squad who are of the view these matters are civil matters.
I have attended personally and spoken to Terence O’SULLIVAN about the allegations, he denies any wrong doing.  He does not have any of the original documents stating they were destroyed a long time ago as he has no need for them as you are no longer a client.
My opinion is this matter is civil, however if I did not believe this was the case and criminal offences had occurred there is insufficient evidence to prosecute any one for the alleged offences. 
Any questions feel free to ask.  I understand there is a lot of information in this email that you may not agree with Wayne but this is the reality of this matter.
Cameron HARDHAM Detective Senior Constable 18514 | , Gold Coast CIB | Southern Crime Group – GCD Property Crime Unit | Queensland Police Service