Director is jailed over scandal of 'Australian Enron'

The man who presided over Australia's largest corporate collapse has been jailed for four and a half years, following one of his former directors to a maximum-security jail in Sydney.

The man who presided over Australia's largest corporate collapse has been jailed for four and a half years, following one of his former directors to a maximum-security jail in Sydney.

Ray Williams, the 68-year-old founder and former chief executive of the insurance giant HIH, had pleaded guilty to three charges of misleading shareholders and to failing in his duties as a director. HIH collapsed in 2001 with debts of £2.1bn, shocking corporate Australia and prompting comparisons with the subsequent demise of Enron and Worldcom in the United States.

Despite Williams expressing "shame and remorse", the Australian courts were determined to send a message about white-collar crime committed on such a phenomenal scale. Twenty-four hours earlier, a former HIH director, Rodney Adler, had also been jailed for four and a half years. Lawyers for Williams, who was notorious for his lavish lifestyle, said yesterday that they would appeal against the "manifestly excessive" sentence. The scandal affected thousands of policy-holders across the country, who were left without insurance or out of pocket. It plunged the insurance industry into a crisis from which it has yet to recover. In total, nine former executives were charged.

The media was full of stories about families with worthless HIH policies. One family whose home was destroyed by fire was forced to remain there, living in the burnt-out shell.

Williams had admitted reckless corporate behaviour and misleading shareholders. The court found he concealed the real extent of HIH's parlous finances, and concluded that his criminal conduct "went to the heart" of the company's collapse. He had resigned four months before.

As HIH foundered, it radically cut the price of its premiums to gain a larger share of the insurance market. But that left the company without enough funds to cover future claims.

Senior HIH executives were found to have indulged in creative accounting, manipulating accounts to show non-existent profits, and entering markets in Britain and the US without adequate financial provision.

Williams, a flamboyant character, reportedly spent vast amounts of money on himself, splashing out on expensive cigars and gold watches, as well as bestowing large loans on friends and colleagues. He even billed his company for £600-worth of jelly beans. One of his lawyers said yesterday he was "bitterly disappointed" by the sentence.

But Bruce Dennis, a lawyer representing 3,000 HIH shareholders, said the court had weighed up the case "very fairly". Some former policyholders said Williams had got off lightly.

He is now in Silverwater maximum-security prison, together with Adler, who was jailed for five counts of dishonesty. Neither of the men was held directly responsible for the company's failure, but New South Wales Supreme Court Justice James Wood said Williams' crimes "were part of a wider history and pattern of mismanagement which, in combination, eventually led to the collapse".

The court heard that Williams had been prescribed anti-depressants in recent years and was at one stage suicidal.

The sentence was welcomed by the state Premier of New South Wales, Bob Carr. "There is a sense of vindication and a great deal of satisfaction that the courts have held him responsible for ... very, very expensive criminal behaviour," Mr Carr said.

The chairman of the Australian Securities and Investments Commission, Jeffrey Lucy, said the sentence sent a strong message to corporate Australia.

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

Patrick Cockburn: I fear this terrible massacre will be the beginning of a long civil war in Syria

Patrick Cockburn

I fear this terrible massacre will be the beginning of a long civil war in Syria
Hardeep Singh Kohli: For me, it is all about 'Gregory's Girl', a record of first love

Hardeep Singh Kohli

For me, it is all about 'Gregory's Girl', a record of first love
Christian Louboutin: 'I don't think comfort equals happiness'

Christian Louboutin interview

'I don't think comfort equals happiness'
Happy birthday, Hotel Babylon!

Happy birthday, Hotel Babylon!

Hollywood's home to the A-list celebrates 100 years of discreet luxury
Rupert Cornwell: Low-rise capital could finally reach for the sky

Rupert Cornwell: Out of America

Low-rise capital could finally reach for the sky
The secret life of the red carpet

The secret life of the red carpet

As Cannes reaches its climax with the Palme d'Or and the celebrities gather in London for the Baftas tonight, Kate Youde and Jack Dean investigate the real star of the show
It's not easy being Professor Green: The rapper, the heiress and a drama made in Chelsea...

It's not easy being Professor Green

The rapper, the heiress and a drama made in Chelsea...
Hardcore, hard-wired: How the prevalence of porn is changing our everyday lives

How porn is changing our lives

It's everywhere - from pop videos to fashion magazines to the theatrical stage.
River Phoenix: the final reel

River Phoenix: the final reel

Twenty years after the actor's death, his last film is to be released
Facebook: The shares shenanigans

Facebook: The shares shenanigans

Investors are crying foul over the huge losses they incurred when the social network site floated on the stock market last week
Up and away – how '7 Up' went global

Up and away – how '7 Up' went global

As the last episode of Britain's '56 Up' airs, the first episode of '28 Up', from the former USSR, starts. Then there's the US, Japan, Germany...
You'll soon pick this up: Tuck into Bill Granger's fresh street food

Tuck into Bill Granger's fresh street food

It provides perfect party fare for some fun in the sun...
All to play for: How is Ukraine shaping up ahead of Euro 2012?

How is Ukraine shaping up ahead of Euro 2012?

Peter Popham casts his eye over the state of the Euro 2012 co-host ahead of the tournament.
Red or not, here they come: Artists reimagine the iconic telephone booth

BT ArtBoxes: Red or not, here they come

Artists reimagine the iconic telephone booth...
The Last Word: Premier bullies devise youth system bound to end in tears

The Last Word

Premier bullies devise youth system bound to end in tears