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Case study – agent forges trust account and sales records

DC Partners (Solutions) Pty Ltd working with a financier client recently uncovered evidence that an estate agent forged evidence of sales to gain a financial advantage borrowing against the agent’s family home and alleged accounts receivable commissions.

The sum of the financial advantage (Fraud) involved was in excess of $100,000.

Amongst other things, the agent inflated the sale value of the property by $1m, inserting a “$1,____,____” in front of the advertised sale price and attempted to represent that the property sold for well in excess of the sum that it did and that the agent was therefore owed a commission of approximately 3x time the sum the agent was actually entitled to.

The agent sought to obtain an advance against the said “higher” commission owed from a factoring company.

Factoring companies ‘purchase’ accounts receivable from businesses.

A commission owed by a vendor is an accounts receivable that becomes due and payable to the agent at the time the sale settles.

In this instance the property did in fact settle but the sale was at its real sale price and not the inflated price.

The crime was detected and the matter has been dealt with civilly at this time with the agent involved making good the wrongdoing.

The agent is a well known agent from the Hunter Valley area of NSW.

The crimes were discovered in early 2020.

DC Partners (Solutions) Pty Ltd says the finding highlight the stress and financial pressure that estate agents are finding themselves in and the lengths that persons in financial stress may go to when they are not thinking clearly.

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Case study – real estate agent forges wife’s signature

DC Partners (Solutions) Pty Ltd working with a financier client recently uncovered evidence that the agent forged his wife’s signature to gain a financial advantage borrowing against his family home.

The agent was a well known agent from the Liverpool area of NSW.

The agent has since become personally bankrupt and the agency wound-up in insolvency.

The crimes were discovered in late 2019.

DC Partners (Solutions) Pty Ltd says the finding highlight the stress and financial pressure that estate agents can find themselves in and the lengths when persons are not thinking clearly that they might go to.

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Hakan Kutup – pleads guilty

Hakan Kutup, source: Illawarra Star - Madeline Crittenden.

As we’ve blogging for some time, now disgraced Wollongong based former Century 21 real estate agent Hakan Kutup has pleaded guilty to fraud, forgery and misappropriation offences at the Wollongong Local Court recently.

Sydney’s Daily Telegraph reported: Click here that Hakan began inventing sales in late 2017 however the slippery slope caught up with him when arrested in late 2019 after he could no longer shuffle the deck chairs and lenders and others began to investigate.

Unfortunately the maximum penalty of imprisonment is just 2 years and Hakan’s guilty plea will no doubt result in a discount, however we think it is a safe bet that Hakan’s (who is also bankrupt) will not be administering a trust account any time soon.

Sentencing of Hakan Kutup is expected sometime around June 2020.

Relatives of Hakan Kutup continue to conduct business in the Illawarra including:

Jeyda Kutup, daughter and former property manager for Hakan’s business – was recently working in a motor dealers finance office at Wollongong City Motors, no doubt handling the sensitive financial information of borrowers? Jeyda entered loan guarantees to purchase her father’s former rent roll from its receivers just before the ATO stepped in to liquidate Hakan’s former business. In true Kutup family form, Jeyda now denies her indebtedness … the matter continues before the NSW Supreme Court, Possession List.

Eren Kutup, nephew and former property manager for Hakan – is self employed at the newly incorporated EK Capital … apparently the re-birth (sometimes referred to as Phoenix-ing?) of EK Property Group Pty Ltd which was placed in receivership some time ago. EK Capital claims to provide property and financial advice, again this would no doubt involve the borrower exposing sensitive financial information to members of the Kutup family and others? EK Capital is an authorised representative of Purple Circle Financial Services, ACL 486112. Eren is a defendant also in the NSW Supreme Court, Possession List matter.

Eren’s father is Allan Kutup. Allan was a director of EK Property Group. Allan and Hakan are brothers. Allan, to the best of our knowledge is a licensed real estate agent and may have worked in Hakan’s business prior to its liquidation. Allan is recorded as working at EK Capital.

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Hakan Kutup charged with fraud and forgery, appears in court

Hakan Kutup

Hakan Kutup, a former Century 21 real estate agent appeared yesterday in the Wollongong Local Court.  Hakan, of 24 Stradbroke St, Shell Cove, has been the subject of other posts here on this website.  Hakan appeared in court charged in relation to 27 counts involving fraud, forgeries or conversion of money but we understand this number may increase?

How was Hakan Kutup able to carry out alleged crimes?

 

Mark Smith, Director of DC Partners was engaged after the alleged frauds were discovered by the victim, a local funds manager in Sydney.

Mark is the person who reported the matters to NSW Police and NSW Fairtrading.

Mark believe’s that NSW Fairtrading may have been negligent and is co-ordinating a class-action for potential victims of Hakan Kutup.  Class-action participants could include victims of Hakan’s company formerly Century 21 Ultimate Real Estate in Wollongong.

Mark alleges NSW Fairtrading knew or ought to have known about complaints about Hakan Kutup stretching back perhaps more than a decade and failed to investigate.

Mark is organising for those who are interested in joining a class action against the NSW Fairtrading and invites anyone who has lost money – no matter how small to complete the form below.

Interestingly, the Illawarra Mercury / Daily Telegraph hint at potentially more charges against the Kutup family.  It is thought these may relate to the operations of a sales trust by Hakan Kutup?  These publications quote the court that there was uncovered “misappropriated funds” in the sum of $220,515 from a Sales Trust account.

DC Partners is keen to talk to or help any persons that have had negative dealings with the Kutup family now matter how old or recently – please complete our contact form below (joining the class action is optional):

 

NSW Fairtrading class action

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Who is Hakan Kutup?

 

Hakan is:

  • the father of Jeyda Kutup (an estate agent and purported Instagram influencer in the Wollongong area),
  • brother of Allan Kutup (a presently still licensed real estate agent in the Wollongong area) and
  • uncle to Eren Kutup.

Eren and Allan are directors of EK Property Group Pty Ltd, a seemingly unlicensed real estate agent (??? more to come on this front shortly – watch this space) and mortgage broker also operating in the Wollongong area.

Receivers have recently been appointed to EK Property Group over the sum of $600k said to be owed to the above Sydney based money lender (presently before the Sydney District Court, Civil division).  Eren & Jeyda are also personally being sued by the money lender.

 

If readers have other information on the Kutup’s please feel free to complete the below form or email any tips to:  mark@markjsmith.com  or call  1300-327123 (7 days till late).

6 November 2019

 

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DCPLH v Caernarvon Cherry Pty Ltd – potential growers class action

Biteroit - Caernarvon Cherry

DCP Litigation Holdings is inviting expressions of interest from potential class action claimants against Caernarvon Cherry Pty Ltd ACN 111 047 191 (“Caernarvon”).

Caernarvon Cherry Pty Ltd is a fruit packing operator located at 474 Canobolas Rd, Orange NSW 2800 and predominantly packs Cherries and Apples under the Biteriot brand for Woolworths, Harris Farm and numerous export supermarket chains.

DCP Litigation Holdings is the assignee of the claims of a number of fruit growers from around the Nashdale, Mudgee and Orange / Mt. Canobolas fruit-growing regions.

What is a class action?

 

A class action is a permitted court action involving 7 or more claimants with substantially similar claims against the same defendant or defendant/s.

What’s the class action about?

 

We will be arguing, amongst other things, that:

  1. Caernarvon breached the Horticultural Code of Conduct which is a mandatory code within the fruit packing and wholesale sector ;
  2. Caernarvon provided misleading and deceptive fruit packing statistics and materially underpaid our assignees – causing loss ;
  3. In addition, Caernarvon overcharged our assignees for packing services, fruit picking services, packaging, transport, fruit handling, storage and /or otherwise.  In some cases, we have seen evidence where, Caernarvon charged our assignee grower up to almost 400 hours of labour in one summer season for the provision of a “person” / alleged staff member – this ‘person’ having no date of birth, no bank account, no tax file number, no superannuation membership, and no address … (the person actually is alleged to reside at the same address as Caernarvon, 474 Canobolas Rd – together with approximately 100 other alleged staff members) ;
  4. Moreover, Caernarvon at the time of the apparent overcharging of our grower assignee, also charged our grower assignee for the services of a “pay mistress”, Ms. Paula Neill formerly of Landseer St, RaglanAround the same time, Ms. Neill pleaded guilty to stealing the sum of $44,864.56 from a local charity known BINC ;
  5. Caernarvon failed to conduct its fruit growing operations in a workmanlike manner.

And in the process, Caernarvon caused our assignee loss and/or damage.

To be clear, we do not accuse Ms. Paula Neil of any criminal offence, however we do say that Caernarvon itself, with some 900 persons on its payroll did engage in misleading and deceptive conduct causing loss to our assignee, and we believe it is highly likely that a number of other fruit growers from the Orange and nearby locality also suffered loss (we have spoken to many).

Moreover, we say that the assignee is entitled to query the veracity of various expenses, which they have, and about which questions still remain outstanding (Caernarvon refusing or neglecting to account or answer questions).

DCP Litigation Holdings are inviting expressions of interest from other growers and suppliers to Caernarvon Cherry, to discuss the claims with potential class action fruit growers and claimants, who have had a similar detrimental financial experience with Caernarvon.  It will be our proposal to fund all litigation costs of all fruit growers accepted against Caernarvon and to share in any settlement payment or judgment of a relevant court.

How big does my claim have to be?

A class-action is ideally suited to large or small growers.
The size of the claim is not important.
The important aspects of the claim is that they are substantially similar to the what we say above that we will be arguing, i.e. they generally involve the supply of fruit from a grower to Caernarvon and some disagreement about entitlements to money (big or small).
The other important factor is that the defendant must be Caernarvon Cherry Pty Ltd of Orange, NSW.

How fruit growers can get involved?

Regardless of how big or small your claim may be, interested parties are asked to complete the below form to express interest.  Once we receive your enquiry we will email you also our class-action FAQ’s.

CCC class action

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If you have any comments or information about Bernard & Fiona Hall, we’d love to hear from you including any documents via the instant chats below, through the below form or by phone on 1300-327123.