Sublime Constructions clients who've been left hundreds of thousands of dollars out of pocket after the company collapsed in February with debts of $4.5 million have been told it could be more than a year before their allegations of fraud against the company are finalised.
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Claims that company officers had falsified insurance certificates were referred to ACT Policing and the ACT Construction Occupations Registrar in March and June respectively.
Victims of the collapse say their concerns have been given a low priority and are going nowhere.
Tanya Nguyen, who is out of pocket $160,000, and Thuy Ha, who lost almost $70,000, said they were still waiting to be contacted by investigators and had not even had statements taken.
Ms Nguyen and Ms Ha said their cases appeared to have been placed in the "too hard basket" and the response was "just not good enough".
Ms Ha likened her experience to dialling 000 for an ambulance only to be told she had to wait for the undertaker.
Victims are hoping a liquidators' report prepared by Vincents Chartered Accountants, dated Tuesday, October 7, will spur the responsible officers into taking action rather than suggesting they seek redress through the civil courts and, in the case of Planning Minister, Mick Gentleman, retrace steps they have already taken.
The liquidator's report found that Sublime director Minh Phan and former director Dee Sisomphou had committed acts "that may fall within the various provisions of sections 590 and 596 [of the Criminal Code Act]".
It also found that the pair had failed to take adequate steps "to detect and prevent frauds by its [Sublime Constructions'] officers".
An earlier report by the administrator Mackay Goodwin had documented the sale of a Bobcat (digger) for well under its written-down value to a creditor and the use of an insurance payout for a utility that was reported stolen and then later found burnt out near the Federal Highway to cover "ongoing trade".
ACT Policing has only recently appointed a case officer to handle Tanya Nguyen's claim that a falsified home-warranty insurance certificate had been used to trick her into signing a building contract with Sublime Constructions.
"A case officer has [now] been allocated," an ACT Policing spokeswoman said earlier this month. "Contact has been attempted. However [it] has been unsuccessful at this time."
ACT Policing received a total of 584 fraud complaints between July 2013 and June 2014.
"Based on the results from [the] 2013-2014 financial year, the clear-up rate for fraud is 57 per cent."
Ms Nguyen initially contacted police on April 17 this year. After following up her initial inquiry she received a letter, dated June 26, stating: "[The] ACT Policing Fraud Investigations Team has taken carriage of your investigation.
"Historically, fraud matters involve a lengthy and protracted investigation, and the accumulation of a large volume of documentary evidence…. Due to other operational priorities, your matter is yet to be allocated to a case officer. However, when that occurs they will contact you directly."
The letter continued: "Action may be available to you under civil proceedings."
Ms Nguyen said she had not been contacted by the construction occupations registrar either.
Jerry Howard, the deputy executive director of the ACT Master Builders Association, forwarded full details of Ms Nguyen's earlier complaint to the then planning minister, Simon Corbell, on July 4 this year following a face-to-face meeting.
On August 28, Mr Gentleman, who replaced Mr Corbell, wrote back to Mr Howard saying the alleged alteration of home-warranty insurance certificates had been referred to the registrar.
When Fairfax asked Mr Gentleman why so little progress had been made on the homeowners' complaints and the information detailed in Mr Howard's letter, he appeared to have scant knowledge of what had gone before.
"It would appear from the line of questioning, the journalist and/or Mr Howard are aware of information that may assist the registrar," he said. "The provision of a formal complaint and evidence, rather than allegations, may prove more helpful to the registrar in his enquiries."
He went on to say: "Allegations about alleged insurance fraud should first be raised with the insurer." This was one of the first steps undertaken by Ms Nguyen, and information provided by QBE was included in the letter sent to Mr Corbell on July 4.
Asked why, as recently as September 17, Sublime Constructions was still listed on the ACTPLA website as an active builder, he said: "Sublime Constructions and Development Pty Ltd is not on the website."
As of Friday Mr Gentleman's office had failed to respond to repeated requests for details on what further steps Mr Howard and Ms Nguyen could have taken to engage the attention of the ACT Occupations Registrar; whether anybody in the minister's or the registrar's office had actually read Mr Howard's letter and its attachments; whether the registrar had tried to contact Ms Nguyen or other affected Sublime clients named in Mr Howard's letter; and the exact date that Sublime Constructions and Development was removed from the ACTPLA website.