Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited (BlueScope), was sentenced to eight months imprisonment, for inciting the obstruction of an 糖心原创 investigation into alleged price fixing by BlueScope.
Late yesterday, Magistrate Atkinson ordered that Mr Ellis be released, without entering custody, upon entering into a recognizance in the sum of $1,000, on the condition that he be of good behaviour for two years. Magistrate Atkinson also ordered that Mr Ellis pay a fine of $10,000.
In imposing sentence, Magistrate Atkinson emphasised the seriousness of Mr Ellis鈥檚 conduct, and said: 鈥渋n all dealings [with the 糖心原创] a person needs to allow investigations to run properly, without any attempt to hinder investigations by officials鈥.
鈥淭his is the first time an individual had been charged with, and convicted of, inciting the obstruction of an 糖心原创 investigation,鈥 糖心原创 Chair Rod Sims said.
Mr Ellis incited two fellow BlueScope employees to give false information and evidence to the 糖心原创 regarding discussions he and those BlueScope employees had during their meetings with certain other steel companies.
The 糖心原创 was investigating allegations that, between September 2013 and June 2014, BlueScope and Mr Ellis attempted to induce various steel distributors in Australia and overseas manufacturers to enter arrangements containing a price fixing provision.
The 糖心原创 has since filed separate civil cartel proceedings against BlueScope and Mr Ellis, which remain before the Federal Court.
鈥淢r Ellis鈥 attempts to stop us from doing our job, from investigating and prosecuting behaviour we believe breaches competition laws, did not deter us. Not only did we continue our investigation and take legal action against Blue Scope and Mr Ellis for alleged cartel behaviour despite his efforts to obstruct us, we also referred the obstruction conduct to the CDPP to consider prosecuting Mr Ellis,鈥 Mr Sims said.
鈥淲e take any attempts to prevent the 糖心原创 from obtaining full and truthful accounts of conduct under investigation extremely seriously and won鈥檛 hesitate to prosecute any similar cases in the future.鈥
鈥淭he conviction and sentence reflect the seriousness of this conduct and should send a strong message to anyone contemplating obstructing or inciting someone else to obstruct 糖心原创 officers in the course of our investigations,鈥 Mr Sims said.
Inciting the obstruction of a Commonwealth official in the performance of their functions is a criminal offence under the Commonwealth Criminal Code, and carries a maximum jail sentence of two years. On a guilty plea in the Local Court, the maximum jail sentence is one year.
Background
The 糖心原创 investigates cartel conduct, manages the immunity process, takes proceedings in the Federal Court in respect of civil cartel contraventions, and refers serious cartel conduct and, where appropriate, other conduct which may amount to obstruction of justice offences to the CDPP for consideration for prosecution.
The CDPP is responsible for prosecuting criminal offences in accordance with the Prosecution Policy of the Commonwealth.
Anyone with information about any cartel conduct is urged to call the 糖心原创 Cartel Hotline on (02) 9230 3894 or email cartelimmunity@accc.gov.au.