In all, 9,093 was obtained by the appellant over a 3 year period.
The payments made to appellant were pocketed by him & the cheques made payable to Customs were fraudulently endorsed to an account in appellant's brother's name.
The first 4 counts on the indictment represented a total of 93 such fraudulent acts.
Appellant gave each company a Nature 10 form showing the correct duty payable.
Payments were made by the companies to the appellant or Customs.
The Executive Chairman of Impulse said the reason he told the appellant was that he was interested in buying the appellant's residence in Rose Bay but would have to make a conditional offer while waiting for the merger to go through.
He gave evidence that he told the appellant that because the appellant had been told this information, the appellant would not be able to trade in Qantas shares.
At the sentence hearing, the judge sought confirmation from appellant as to the his understanding of the effect of pleading guilty & appellant said he understood completely.
RIVKIN, Rene Walter - CCA, 5.2.2004 - 59 NSWLR 284 (reported in part)Mason P, Wood CJ at CL, Sully JCitation: R v Rivkin  NSWCCA 7Conviction and sentence appeal. Appellant was found guilty of contravening s.1002G(2) Corporations Act 2001.
Appellant traded in Qantas shares after being informed by the Executive Chairman of Impulse Airlines that his company was awaiting ACCC approval for the merger of Impulse with Qantas.