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Jeffrey Lawrence

Chief Investigator

Investigation Division

APSAC

Jeffrey Lawrence

Chief Investigator

Investigation Division

Operation Stark

� University of Technology Sydney (UTS)

� Facilities Management Unit (FMS)

� Allegations

- receiving of secret commissions by UTS employee Nabil Faysal from contractors engaged by UTS.Nabil Faysal from contractors engaged by UTS.

- Faysal failed to disclose financial interest in companies that had been allocated work at UTS.

� Commissions took the form of payments and benefits such as airfares for overseas travel, a chair and an Ipad.

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University of Technology Sydney (UTS)

Facilities Management Unit (FMS)

receiving of secret commissions by UTS employee from contractors engaged by UTS.from contractors engaged by UTS.

failed to disclose financial interest in companies that had been allocated work at UTS.

Commissions took the form of payments and benefits such as airfares for overseas travel, a chair and an

Operation Stark (continued)

� Nabil Faysal (Faysal

� Bachelor of Engineering degree.

� Commenced at UTS in Facilities Management Unit (FMU) on late1999.

� Appointed Manager Engineering Services FMU August 2009.August 2009.

� Relieved as Manager Building works March 2007 to August 2009.

� Suspended March 2010 to July 2010 as a result of two internal investigations.

� Censured and returned to work July 2010 as Manager Engineering Services. Employment terminated on 3 April 2012.

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Faysal) 52 year old male

Bachelor of Engineering degree.

Commenced at UTS in Facilities Management Unit (FMU) on late1999.

Appointed Manager Engineering Services FMU

Relieved as Manager Building works March 2007 to

Suspended March 2010 to July 2010 as a result of two internal investigations.

Censured and returned to work July 2010 as Manager Engineering Services. Employment terminated on 3 April 2012.


� ICAC commenced a preliminary investigation in March 2011.

� Matter escalated to full investigation on 9 December 2011.

� Commission issued notices under ICAC Act to compulsorily obtain documents.compulsorily obtain documents.

� Financial analysis of payments from various UTS contractors.

� Inquiries with DIAC re travel which identified airlines flight details, when, cost of airfares and who paid.

� Identified Faysal’sPty Ltd to which contractors had made payments for professional services.

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ICAC commenced a preliminary investigation in March

Matter escalated to full investigation on 9 December

Commission issued notices under ICAC Act to compulsorily obtain documents.compulsorily obtain documents.

Financial analysis of Faysal’s bank accounts revealed payments from various UTS contractors.

Inquiries with DIAC re travel which identified airlines flight details, when, cost of airfares and who paid.

company NA and CW Investments Pty Ltd to which contractors had made payments for professional services.


False invoicing

� Analysis of Faysal’spaid the following amounts by four UTS contractors between early 2006 and mid 2008:

- Cady Pty Ltd

- KB Electrics Pty Ltd - KB Electrics Pty Ltd

- Rega Controls Pty Ltd

- Wayne Hood

Total: $119 325

� Invoices were found at obtained from the relevant payments. All except Hood admitted at Public Inquiry they were false invoices.

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Faysal’s company’s accounts show it was paid the following amounts by four UTS contractors between early 2006 and mid 2008:

Cady Pty Ltd - $20 400

KB Electrics Pty Ltd - $14 000KB Electrics Pty Ltd - $14 000

Controls Pty Ltd - $43 620

Wayne Hood - $41 305

Invoices were found at Faysal’s home and were also the relevant contractors for these

payments. All except Hood admitted at Public Inquiry they were false invoices.

Operation Stark (Continued)

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Travel/Other benefits given by contractors

� Rega Controls paid for travel for on four occasions totallingpurchased an Ipad

� Wilkhahn Pty Ltd supplied a chair worth $2 500.� Wilkhahn Pty Ltd supplied a chair worth $2 500.

� Lighting supplierTargettiflights/accommodation for between April 2006 and April 2011 totaling $61 568.19.

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Travel/Other benefits given by contractors

Controls paid for travel for Faysal and his family totalling $41 685.80. In addition

Ipad for Faysal.

Pty Ltd supplied a chair worth $2 500.Pty Ltd supplied a chair worth $2 500.

supplierTargetti Australia Pty Ltd paid for flights/accommodation for Faysal and his family between April 2006 and April 2011 totaling $61 568.19.


Unapproved secondary employment

� Between August 2008 and December 2011 provided services to UTS contractor Webster Wagner Engineering Pty Ltd

� Work often performed during times when should have been performing UTS duties.been performing UTS duties.

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Unapproved secondary employment

Between August 2008 and December 2011 Faysalprovided services to UTS contractor Webster Wagner Engineering Pty Ltd – Total payments $149 230.75

Work often performed during times when should have been performing UTS duties.been performing UTS duties.


Disclosure of confidential information

� Disclosed confidential information to UTS contractors.

� Faysal captured by way of telecommunications interception assisting UTS project.

� Supplied prices of what other contractors/sub� Supplied prices of what other contractors/subcontractors were quoting.

� Faysal also captured in telephone conversations with UTS contractor Gary assisting with a quote and advising him of prices of other tenders.

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Disclosure of confidential information

Disclosed confidential information to UTS contractors.

captured by way of telecommunications interception assisting Rega Controls in tendering for a

Supplied prices of what other contractors/sub-Supplied prices of what other contractors/sub-contractors were quoting.

also captured in telephone conversations with UTS contractor Gary Jurgeleit in March 2012 assisting with a quote Jurgeleit was putting together and advising him of prices of other tenders.


Intercepted telephone conversation on 22 March 2012 between and UTS Contractor Gary

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Intercepted telephone conversation on 22 March 2012 between Faysaland UTS Contractor Gary Jurgeliet.


Intercepted telephone conversation on 22 March 2012 between and UTS Contractor Gary

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Intercepted telephone conversation on 22 March 2012 between Faysaland UTS Contractor Gary Jurgeliet.


� Number of witnesses called to compulsory examination.

� Public Inquiry held late September 2012.

� Report handed down to Parliament in March 2013.

� Findings of corrupt conduct made against � Findings of corrupt conduct made against UTS contractor Wayne Hood.

� Brief of evidence referred Prosecutions (NSWpreferred against Faysalprovisions of s 249B of the and receiving corrupt benefits).

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Number of witnesses called to compulsory

Public Inquiry held late September 2012.

Report handed down to Parliament in March 2013.

Findings of corrupt conduct made against Faysal and Findings of corrupt conduct made against Faysal and UTS contractor Wayne Hood.

evidence referred to Office of Director of Public W) for consideration for charges to be Faysal for offences under the

provisions of s 249B of the Crimes Act 1900 (Soliciting and receiving corrupt benefits).

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