FTI Consulting Requests for documents denied from January 2014 to November 2015 Senior Managers of Bankwest, Commonwealth Bank and FTI Consulting are all aware of this illegal conduct.
23 January 2014 Email to Mark Englebert at FTI Consulting Dear Mark, I refer to the email below. David Gilbert at Bankwest has advised me this morning to discuss with you the return of ALL the documents. To date you have refused my requests and this is backed up with a trail of emails. He has suggested that I ask you for a reason why the documents can't be returned if you refuse to return. Please do this. My request is reasonable, and I can see no reason why the documents can't be given to me now that the receiverships are over and given that you were supposed to be acting in the best interests of the companies involved. I know you have acted dishonestly in certain aspects of the receiverships and are now trying to cover things up and your continued secrecy is of great concern and confirms mu belief. All I want is transparency and a fair and just outcome and I urge you to release ALL the documents as requested. I will phone you this afternoon to discuss this request Kind Regards Sean Butler
3 February 2014 Email to Mark Englebert at FTI Consulting Dear Mark, I haven’t heard from you yet. Perhaps it’s easier if I call you? When would be a good time to talk to you? Regards. Sean Butler
7 February 2014 Email to Mark Englebert at FTI Consulting Dear Mark, I still haven’t heard from you? I have just left a message with your office requesting you call me. I would like to arrange a meeting with you do discuss things amicably. It’s in both our interests to do so and all I want is a fair outcome. Please call or respond to this email. Kind Regards, Sean 7 February 2014 Email from Jeremy Nipps at FTI Consulting Dear Sean, I refer to your email correspondence of 3 and 7 February 2014 and 29 January 2014, respectively. Can you please outline clearly all matters in writing. Regards, Jeremy Nipps
7 February 2014 Email to Mark Englebert at FTI Consulting Dear Mark, Thank you for getting Jeremy to respond to my email to you As you know there has been a lot of correspondence between us on these matters. David Gilbert at Bankwest has suggested that I discuss some of the issues directly with you and I think that would be helpful. All I request is a meeting to discuss all the issues raised in very general terms with a view to resolving any misunderstandings or differences in opinion. It can be “Without Prejudice” if required Kind regards, Sean
7 November 2014 Email to Mark Englebert at FTI Consulting I have been requesting information from you that you are legally obligated to supply since soon after your appointment and this has now been going on for over three years. To date you have withheld information requested. So, it’s now over six month since I sent you that email, over nine months ago that I requested a meeting, and over three years ago since these problems with you began. Do you intend to respond, and will you now please provide the information requested?
Mark Englebert did not respond to this correspondence and did not contact me Email Chain DOC Time DOC1 27 July 2015 Email to Mark Englebert at FTI Consulting “Please release to me as soon as possible all records from the receivership and management to which I am entitled”
29 July 2015 Email to Mark Englebert at FTI Consulting “Hi Mark, I have just left a telephone message at your office requesting that you call me. Could you please call to advise when the documents requested below will be available. Kind Regards Sean”
30 July 2015 Email to Mark Englebert at FTI Consulting “Hi Mark I have just left another message requesting that you call me. Your receptionist confirmed that you are in the office. Could you please call to advise when the documents requested below will be available. Kind Regards Sean”
31 July 2015Email to Mark Englebert at FTI Consulting “Hi Mark I have just left another message with your receptionist Louise requesting that you call me. Could you please call to advise when the documents requested below will be available? Just a day or estimate will do for now?? PLEASE respond Kind Regards Sean”
31 July 2015 Email to John Park at FTI Consulting with email string above to Englebert attached being 27, 29, 30,31 July emails. “Hi John. Can you help me with this? Kind Regards Sean Butler”
6 August 2015 Email to Narelle Ferrier and John Winter at ARITA and cc to Mark Englebert and John Park “I confirm I am requesting in item 1 of my complaint the return of all documents taken by the receiver / managers on appointment of receivership and until their retirement including all books and records to which I am legally entitled. ….this is as you know illegal. I hope you can help”
7 August 2015 Email to John Park and Mark Englebert Hi John, I have called your office another three times and spoken to your receptionists Tanya and Lina requesting that you call me urgently. Can you please call me? I have been asked, several times since the receivership finished, by the ATO to complete outstanding tax returns as required by law. I can’t do this without the documents required as requested below that your company FTI Consulting is holding. This has now been going on for years. I have today referred this matter to the ATO to investigate and sent them proof that Englebert is refusing to release the documents. There is over $150,000 tax outstanding and this could be paid with money Englebert embezzled. Can you please get Englebert to the return of documents as below, which to date he has refused to release, so this matter can be resolved? Kind regards, Sean Butler
21 August 2015. I lodge a submission to the Parliamentary Joint Committee on Corporations and Financial Services Inquiry on the impairment of customer loans in Response to the ARITA submission 38 I show that despite complaints to ARITA the receivers are still not releasing our documents I also send this submission to ARITA and Englebert
21 August 2015 Email to John Park at FTI Hi John, I attach a submission just lodged (the Submission in the item above 21 August) Mark Englebert still hasn’t returned our documents. What’s going on? I am concerned that he has either destroyed them or is tampering with them in order to cover his misconduct. Can you please advise if you have taken any action on this issue and in the issues raised with you in earlier correspondence? 21 August 21 August 2015Email to Mark Englebert at FTI Consulting “Hi Mark, You still haven’t returned our documents. What’s going on? Have the documents been destroyed or lost and if not, why are they being withheld? Kind regards, Sean Butler”
15 September 2015 Email to Mark Englebert and John Park of FTI Consulting. You have not returned any documents in relation to the entities involved despite numerous requests for you to do so. Do you intend to return documents that you are legally bound to return upon your retirement or anything at all? Narelle Ferrier at ARITA) notes that: “Section 421(2) of the Corporations Act 2001 allows a director to inspect the Receivers and Managers’ records that are required to be maintained under section 421(1)(d) unless the court otherwise orders. This provision only relates to the financial records maintained to record and explain all transactions that the Receivers and Managers enter into and does not extend to all of the records.” Could you please arrange for myself and my lawyer to be allowed to inspect the records.
14 October email to Bankwest and Mark Englebert I attach an email below and attachments that I have sent to all ten committee members for the Parliamentary Inquiry into Impairment of Customer Loans. Hearings are scheduled for this Friday 16th October, 13th 18th & 19th November and early next year. It’s not an exaggeration to say that this Inquiry has the potential to start a chain of events that could put you in jail and to be made an example of. I request again that you release documents which are illegally being withheld Please forward this email and attachments to Senior Management of Bankwest and FTI Consulting.
29 October. As a result of getting senators involved, I receive a letter from Englebert. “I refer to your request to inspect the receiver and Managers records that are required to be maintained under section 421(d). Can you please advise a time suitable to you for this inspection any day from 9 November 2015, at this office.”
4 November 2015 Email to Mark Englebert and John Park at FTI Consulting Dear Mark, Do you intend to return our documents as per the correspondence below (21 August)? If not, please give a reason for them being withheld. Kind regards, Sean Butler
25 November 2015 Email from Mark Englebert “Documents…we will deliver them…. Next week”
3 December 2015. 45 Boxes of documents delivered to me.
3 December 2015 email to Mark Englebert and Bankwest: Mark I have found in documents today that you have deliberately lied to a Senate Inquiry….One box contained three lever arch files relating to your appearance at the Senate Inquiry in 2012.
4 December 2015 Email to John Park at FTI Consulting Dear John. If you have any doubt Englebert is dishonest this email and the one just sent should disprove that doubt. I am not dishonest as Englebert has tried to make me appear in his letter to Senator Bushby for the Senate hearings in 2012 I am honest, ethical, university educated including post graduate diploma in finance. I had a very successful business and had so for many years. The reason this case may seem complicated is simply because Englebert has been incompetent, dishonest and deliberately obstructive. If you take the time to read this and the previous email you will see there are serious issues here. I request you send both these emails and attachments on to your insurers and I will follow up as well. I and many others are more motivated than ever to follow this through and get a fair and just outcome. You are welcome to call me anytime to discuss. Kind regards, Sean Butler
7 December & 11 November 2015 email to Mark Englebert and John Park In going through the records and collating things it appears you and your lawyers have charged us: 1) Taylor Woodings and FTI Consulting $ 869,806 2) Minter Ellison Lawyers $ 428,520 3) Squire Lawyers $ 47,627 TOTAL $ 1,355,954 It appears that in the period April to June 2012 the charges were over $120,000 a month. I do not see how these amounts can be justified given that all that has been done is to sell two hotels. Any comments you have in this regard would be appreciated. In relation to the amounts set out above you have allowed me to inspect the invoices but not the accompanying narrations or descriptions of work. As such no explanation of the charges has been provided and I have no way of determining what it was that was being paid for. Please could you provide me with copies of the invoices for the above amounts and the accompanying narration or description of work. If there is any concern about any privileged material being disclosed, at this stage that can be blacked out. Please provide this information as soon as possible.”
Into 2017 & 2018 Continued request for information but no response.