Member’s name: Mr Justin B Otto
Date of Hearing: 11 December 2012
Tribunal: Disciplinary Tribunal
On 11 December 2012 the Disciplinary Tribunal found that Mr Justin B Otto breached Article 39(a)(ii)G of the Constitution on six occasions in respect of being found guilty:
- by the Toowoomba Magistrates’ Court on 8 December 2010 of one count of stealing $20,000 from his former employer
- by the Toowoomba District Court on 28 June 2012 of five counts of stealing approximately $300,000 from his former employer.
Despite being charged with the first theft in 2010, Mr Otto did not disclose his subsequent thefts of $300,000. The Court found that there was no chance of restitution to the employer and absent any explanation from Mr Otto, the Court could only conclude that Mr Otto was prompted by greed.
Mr Otto was sentenced by the Court to 4 ½ years jail with a non-parole period expiring August 2013.
Mr Otto did not attend the Disciplinary Tribunal Hearing
Penalties and costs
The Disciplinary Tribunal found the Complaints sustained and imposed sanction of forfeiture of Membership and that Mr Otto not be eligible to reapply for Membership for 30 years. Prior to any application for readmission Mr Otto must have:
- made restitution to his former employer or any 3rd parties of all monies taken and to provide proof of same to CPA Australia’s satisfaction
- paid CPA Australia a fine of $50,000
- paid CPA Australia’s costs of $451, and
having satisfied 1 to 3 above, then enrol in and successfully complete the CPA Program.