Australia
ASIC Takes Legal Action Against 11 Current and Former Star Entertainment Directors and Officers
The Australian Securities and Investments Commission (ASIC) has commenced civil penalty proceedings in the Federal Court against 11 current and former directors and officers of The Star Entertainment Group Limited (Star) for alleged breaches of their duties under section 180 of the Corporations Act.
ASIC Deputy Chair Sarah Court said: “ASIC alleges that Star’s board and executives failed to give sufficient focus to the risk of money laundering and criminal associations, which are inherent in the operation of a large casino with an international customer base.”
ASIC’s case includes claims against members of the Star Board between 2017 to 2019, being John O Neill (former Chair), Matthias Bekier (former Managing Director and CEO), Kathleen Lahey, Richard Sheppard, Gerard Bradley, Sally Pitkin, Benjamin Heap and Zlatko Todorcevski.
ASIC alleges the Board members approved the expansion of Star’s relationship with certain individuals with reported criminal links, rather than addressing money laundering risk by inquiring into whether Star should be dealing with them. ASIC also alleges that Board members, when provided with information about money laundering risks affecting Star, did not take steps to make further enquiries of management about those critical risks and that this was a breach of their director duty obligations.
ASIC further alleges that Mr Bekier and Star executives Paula Martin (former Company Secretary and Group General Counsel) and Greg Hawkins (former Chief Casino Officer) breached their duties by:
- not adequately addressing the money laundering risks that arose from dealing with Asian gambling junket Suncity and its funder, as well as continuing to deal with them despite becoming aware of reports of criminal links; and
- not appropriately escalating money laundering issues to the Board.
As to Ms Martin and Harry Theodore (former Chief Financial Officer), ASIC also alleges they knowingly permitted misleading statements being provided to National Australia Bank (NAB) regarding the use of debit cards issued by China Union Pay International Ltd (CUP) at NAB ATMs located on Star’s premises. Those statements disguised the fact that Star was permitting CUP cards to be used for gambling, which was prohibited by CUP. ASIC is aware over $900 million was obtained by Star customers using CUP cards in NAB ATMs from 2013 to 2019. ASIC also alleges that they, and Mr Bekier, failed to report these matters to Star’s Board.
ASIC Chair Joe Longo said the role of directors was critical to a company’s general standing and performance, including how a company deals with significant issues.
“As I’ve said on many occasions, directors and officers are a critical part of the conduct of business in Australia. Their duty is to understand the operations of the company over which they preside, and the particular risks faced by the business. They are required to bring an inquiring mind to business operations. It is not ‘set and forget.’”
Australia
AUSTRAC CEO Brendan Thomas Announced as Speaker for Regulating the Game 2025 Sydney
The organisers of Regulating the Game 2025 have announced that Mr Brendan Thomas, chief executive officer of AUSTRAC, will be a featured speaker at the 2025 edition of the conference, taking place at the Sofitel Sydney Darling Harbour from 10-13 March 2025.
Mr Thomas, who began his 5-year term as AUSTRAC CEO in January 2024, brings extensive experience in leading public services and delivering reforms, particularly within NSW’s criminal and civil justice systems.
As the head of Australia’s financial intelligence unit and AML/CTF regulator, he oversees AUSTRAC’s efforts to safeguard the financial sector from criminal exploitation while providing critical intelligence to support national security, law enforcement and regulatory partners.
AUSTRAC has intensified its focus on the gambling sector, following a series of high-profile enforcement actions against major casino operators and several corporate bookmakers. Reports in the Financial Review have also highlighted AUSTRAC’s increased scrutiny of pubs and clubs in the wake of the 2022 NSW Crime Commission’s Project Islington, which, while finding no widespread laundering of criminal proceeds, revealed significant amounts of illicit funds being gambled in these venues.
Paul Newson, principal at Vanguard Overwatch and organiser of Regulating the Game, said: “Having Brendan Thomas speak at the conference signals AUSTRAC’s ongoing commitment to the gambling sector. His participation emphasises the importance of making sure the industry is alert to money laundering risks and continually strengthened against financial crime.”
Mr Thomas’ presentation is expected to offer invaluable insights for regulators, industry leaders and key stakeholders, especially as AUSTRAC’s role in combatting financial crime is set to expand further with the anticipated passing of the Government’s Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024. This legislation aims to extend the AML/CTF regime to high-risk professions, such as real estate agents, lawyers, accountants and dealers in precious metals and stones, marking a pivotal shift in Australia’s regulatory landscape.
Regulating the Game 2025 will be held in Sydney, Australia, from March 10 to 13. The event will once again serve as a platform for thought leaders, innovators and regulators to come together and explore the most pressing issues in the gambling sector.
The post AUSTRAC CEO Brendan Thomas Announced as Speaker for Regulating the Game 2025 Sydney appeared first on European Gaming Industry News.
Australia
The Star: New Debt Facility Arrangement
The Star Entertainment Group Limited announced that the Group’s corporate lenders have executed a commitment letter for a new debt facility (of up to $200 million in two-tranches) which will become effective upon completion of long-form documentation and satisfaction of various conditions precedent.
The Group’s existing $450 million facility has been reduced to $334 million which is fully drawn.
The Company’s lenders have agreed to provide covenant waivers for the next two testing dates, being 30 September 2024 and 31 December 2024, with the waiver for the latter date being subject to execution of long-form documentation for the new debt facility and other customary conditions.
The new facility comprises two tranches of $100 million each. The first tranche is expected to be available to be drawn, subject to conditions precedent, from the end of October 2024 through to 20 December 2024.
The first tranche is subject to certain conditions precedent being met, including:
•the provision of unsecured guarantees from some of the Group’s regulated entities and enhanced security granted to lenders;
•regulatory consents and government approvals as required for guarantees and enhanced security for the lender group;
•the establishment of a disposal proceeds account with a credit balance of an amount representing the net proceeds of the sale of the Treasury Brisbane casino building and any other non-core asset proceeds completed before the draw down; and
•other customary conditions precedent.
The second tranche is subject to more extensive conditions precedent but, if satisfied, would be expected to be available to be drawn from the end of December 2024 and have a 4 month availability period following the drawing of the first tranche.
The conditions precedent for the second tranche drawdown include:
•the receipt of required regulatory consents and finalisation of documentation for the granting to the lender group of security over the Group’s regulated entities;
•provision of information in relation to the Group’s long-term strategy;
•all lender approval of the Group’s strategic plan and long-term financial forecasts;
•the Company raising additional subordinated capital of at least $150m; and
•other customary conditions precedent.
The all-in coupon for the new facility is 13.50% per annum (assuming cash pay is elected), and the existing $300 million term facility has been repriced to this level:
•the Company has the flexibility to capitalise a component of the interest at its election; and
•there is a reduction in the coupon subject to the Group’s Adjusted Net Leverage Ratio falling below 4.0x.
The maturity date for the new facility is consistent with the existing term loan (December 2027). The Group will also retain up to $34 million of bank guarantees under the existing revolving credit facility.
The post The Star: New Debt Facility Arrangement appeared first on European Gaming Industry News.
Australia
BetMakers and SIS Sign Data and Content Agreement
BetMakers Technology Group has announced that it has signed a new racing data and content distribution agreement with Sports Information Services Limited (SIS).
Under the agreement, BetMakers will deliver SIS race data and video content to approved SIS customers and affiliates in Australia and New Zealand via integration with BetMakers’ bookmaker technology platforms, including websites, mobile apps and pricing applications.
The agreement will give BetMakers’ bookmaker clients in the region who also use SIS data and audio-visual services access to video and data for horse racing from the UK and Europe, the Middle East and the Americas and to greyhound racing from the UK and Ireland.
BetMakers CEO Jake Henson said: “We are pleased to extend our longstanding working relationship with SIS to deliver content and data services to BetMakers’ bookmaker solution clients in Australia and New Zealand. Close integration with partners like SIS allows BetMakers to offer our End-to-End Platform, Embedded Solution and API clients the racing and betting content they demand and to ensure that our solutions continue to deliver the broadest suite of global racing products to heighten player engagement.”
SIS MD, EMEA, Paul Witten, said: “Australia is one of the largest international racing wagering markets and our partnership with BetMakers enables SIS customers to receive a tailored product that suits their local market needs. We are pleased to assist our racetrack partners in ensuring broad distribution continues and look forward to working with BetMakers over the course of the agreement to deliver growth for those partners.”
The post BetMakers and SIS Sign Data and Content Agreement appeared first on European Gaming Industry News.
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