Commonwealth Director of Public Prosecutions v Vina Money Transfer Pty Ltd

• Jurisdiction: Australia Federal only
• Judgment Date: 09 June 2022
• Neutral Citation: [2022] FCA 665
• Date: 09 June 2022
• Court: Federal Court

Federal Court of Australia

Commonwealth Director of Public Prosecutions v Vina Money Transfer Pty Ltd [2022] FCA 665

File number(s):	VID 437 of 2021
Judgment of:	ABRAHAM J
Date of judgment:	9 June 2022
Catchwords:	CRIMINAL LAW – sentencing – cartel conduct –corporate offender pleaded guilty to giving effect to cartel provisions – individual offenders pleaded guilty to being knowingly concerned in those contraventions – where companies ran money remittance businesses in Melbourne and Sydney
Legislation:	Competition and Consumer Act 2010 (Cth) ss 79(1), 79(1)(c), 79(1)(e), 44ZZRG, 44ZZRG(1), 44ZZRG(3) ; Crimes Act 1914 (Cth) ss 3E, 16A, 16A(1), 16A(2), 16C, 16C(1), 16C(2), 16F, 19AC(1), 19AC(4), 19B, 20(1)(b)
Cases cited:	Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Limited [2016] FCA 1516; (2016) 118 ACSR 124 Australian Competition and Consumer Commission v Halkalia Pty Ltd (No 3) [2017] FCA 522 Bae v R [2020] NSWCCA 35 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 CDPP v Wallenius Wilhelmsen Ocean AS [2021] FCA 52; (2021) 386 ALR 98 Commissioner of Taxation v Baffsky [2001] NSWCCA 332; (2001) 192 ALR 92 Commonwealth Director of Public Prosecutions v Kawasaki Kisen Kaisha Ltd [2019] FCA 1170; (2019) 137 ACSR 75 Commonwealth Director of Public Prosecutions v Nippon Yusen Kabushiki Kaisha [2017] FCA 876; (2017) 254 FCR 235 Director of Public Prosecutions (Cth) v Ede [2014] NSWCCA 282 DPP (Cth) v Page [2006] VSCA 224 DPP (Cth) v Thomas [2016] VSCA 237; (2016) 53 VR 546 Gajjar v R [2008] VSCA 268; (2008) 192 A Crim R 76 Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 Khalid v R [2020] NSWCCA 73; (2020) 102 NSWLR 160 Lusty v CRA20 [2020] FCA 1737 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Matson v Attorney-General (Cth) [2021] FCA 161 R v Giourtalis [2013] NSWCCA 216 R v Jones [2004] VSCA 68 R v Nguyen and Pham [2010] NSWCCA 238; (2010) 205 A Crim R 106 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369. R v Smith (1987) 44 SASR 587 R v Wirth (1976) 14 SASR 296 Rogerson v The Queen [2020] VSCA 82 Scook v R [2008] WASCA 114; (2008) 185 A Crim R 164 The Queen v De Simoni (1981) 147 CLR 383 The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270 The Queen v Pham [2015] HCA 39; (2015) 256 CLR 550 Thunder Studios Inc (California) v Kazal (No 2) [2017] FCA 202 Totaan v R [2022] NSWCCA 75 Vaysman v Deckers Outdoor Corporation Inc [2011] FCAFC 17; (2011) 276 ALR 596 Weininger v The Queen [2003] HCA 14; (2003) 212 CLR 629 Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584
Division:	General Division
Registry:	Victoria
National Practice Area:	Federal Crime and Related Proceedings
Number of paragraphs:	282
Dates of submissions:	20 January, 1 February, 2 February, 27 April, 13 May 2022
Dates of hearing:	3, 4 February, 18 May 2022
Counsel for the Prosecutor:	Mr N Robinson QC with Ms A Haban-Beer
Solicitor for the Prosecutor:	Commonwealth Director of Public Prosecutions
Counsel for Vina Money Transfer Pty Ltd:	Mr D Hallowes SC with Ms L Dubroja
Solicitor for Vina Money Transfer Pty Ltd:	LY Lawyers
Counsel for Van Ngoc Le:	Mr D Hallowes SC with Ms L Dubroja
Solicitor for Van Ngoc Le:	LY Lawyers
Counsel for Tony Le:	Mr D Sala
Solicitor for Tony Le:	LY Lawyers
Counsel for Thi Huong Nguyen:	Ms M Brown
Solicitor for Thi Huong Nguyen:	Haines and Polites Lawyers
Counsel for Khai Van Tran:	Mr M Page
Solicitor for Khai Van Tran:	Emma Turnbull Lawyers

ORDERS

	VID 437 of 2021
BETWEEN:	COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS ; Prosecutor
AND:	VINA MONEY TRANSFER PTY LTD ; VAN NGOC LE ; TONY LE ; THI HUONG NGUYEN ; KHAI VAN TRAN ; Offenders
order made by:	ABRAHAM J
DATE OF ORDER:	9 June 2022

THE COURT ORDERS THAT:

1. Vina Money Transfer Pty Ltd is convicted of Charge 1 and Charge 5 of the indictment attached as Annexure A.

2. Vina Money Transfer Pty Ltd is fined the sum of $1,000,000.

3. Van Ngoc Le is convicted of Charge 2 and Charge 6 of the indictment attached as Annexure A.

4. Van Ngoc Le is sentenced to imprisonment, in relation to the first count, for 2 years and 1 month, and in relation to the second count, for 8 months. The second sentence is to commence after 1 year and 10 months of the first sentence, with the consequence that 3 months is to be served concurrently. The total sentence is 2 years and 6 months. Van Ngoc Le is to be released forthwith on a recognizance release order to be of good behaviour for a period of 3 years in the amount of $1000.

5. Tony Le is convicted of Charge 4 of the indictment attached as Annexure A.

6. Tony Le is sentenced to imprisonment for 9 months. He is to be released forthwith on a recognizance release order to be of good behaviour for a period of 1 year and 6 months in the amount of $500.

7. Khai Van Tran is convicted of Charge 3 of the indictment attached as Annexure A.

8. Khai Van Tran is sentenced to imprisonment for 1 year and 7 months. He is to be released forthwith on a recognizance release order to be of good behaviour for a period of 3 years in the amount of $1000.

9. Thi Huong Nguyen is convicted of Charge 1 and Charge 2 of the indictment attached as Annexure B.

10. Thi Huong Nguyen is sentenced to imprisonment, in relation to the first count, for 1 year and 10 months, and in relation to the second count, for 9 months. The second sentence is to commence after 1 year and 7 months of the first sentence, with the consequence that 3 months is to be served concurrently. The total sentence is 2 years and 4 months. Thi Huong Nguyen is to be released forthwith on a recognizance release order to be of good behaviour for a period...