THE LAUREL SPRINGS INVESTIGATION
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FINANCIAL INVESTIGATION
DETAILS OF FINDINGS
Details of Findings
12. Deceived residents - forged Financial Statements 2014 to 2018
18. Defrauded residents who bought new unit - structure unfit for purpose, and unconscionable exit terms
19. Deceived residents - renaming of Village to Resort

12. Deceived residents - forged Financial Statements 2014 to 2018

The scheme operators devised an elaborate plan to prevent residents from knowing that Ms Henkelman, known to residents only as the village manager, was actually one of the scheme operators. A scheme operator used white-out to delete the name and signature of Vicki Elizabeth Henkelman from copies of the financial statements given to residents from 2013 to 2018 inclusive. Whether or not a current scheme operator was the person whose hand forged the documents is not known, but they were all knowingly involved in other acts performed for the purpose of this deception of the residents.

12.1 The true status of Vicki Elizabeth Henkelman as a scheme operator

12.1.1 According to the ASIC Extract for Lusping Pty Ltd, Vicki Elizabeth Henkelman was appointed as a director on 11 August 2016:

 

Evidence Document D6.12 - 01

12.1.2 According to the declarations page of the 2014 Financial Statements Vicki Elizabeth Henkelman was already a director on 15 August 2014:

Evidence Document D6.12 - 01

12.1.3 According to the scheme operators, in their submission to QCAT on 10 April 2019, Vicki Elizabeth Henkelman was actually a director since 2013:

Evidence Document D6.12 -16

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12.2 The forgery of Financial Statements 2014-2018

12.2.1 In 2019, I used an RTI request to obtain copies of all Laurel Springs Financial Statements given to the department of Housing and Public Works (HPW) by the scheme operators between 2013 and 2018.

12.2.2 On the declarations page for each of the Financial Statements given to residents from 2014 to 2018, the name and signature of Vicki Elizabeth Henkelman has been deleted from the copy given to residents, whereas it is present on the copy given to HPW:

 

 

Evidence Documents D6.12 - 07 and D6.12 - 08

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12.3 The AGM deceptions

12.3.1 At each Laurel Springs AGM, from 2014 to 2018, Vicki Henkelman introduced herself only as the chairperson, and introduced only Brian McGuiness and/or Shirley McGuiness and/or Lance Taylor as the scheme operators:

 

Evidence Document D6.12 - 06

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12.4 Other acts of deception

12.4.1 In a note from the scheme operators, to chairpersons of the Laurel Springs bodies corporate on 21 September 2018, the name of scheme operator Vicki Henkelman was absent:

Evidence Document D6.12 - 02

 

12.4.2 In the invitation to attend the 2018 AGM, from the scheme operators to residents of Laurel Springs, the name of scheme operator Vicki Henkelman was absent:

Evidence Document D6.12 - 03

 

12.4.3 In her email to me on 15 October 2018, Vicki Henkelman refers to the scheme operators in the third-person. despite being one of them:

Evidence Document D6.12 - 04

 

12.4.4 In the 16 October 2018 response to my questions from the scheme operators, the name of scheme operator Vicki Henkelman was absent:

Evidence Document D6.12 - 05

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12.5 scheme operators false denial to QCAT

12.5.1 In my submission to QCAT on 12 April 2019, I provided evidence that the 2018 Financial Statements annexed to the scheme operator submission of 10 April 2019 was not a true copy of the one given to residents, and explained how the declarations pages were different. I described in detail how the fine black spots on the copy give to residents had been whited-out in the area around the space for the name and signature for Vick Henkelman:

Evidence Document D6.12 - 12

12.5.2 In their submission to QCAT on 13 June 2019, the scheme operators falsely denied that they had fraudulently altered the declarations page of the 2018 Financial Statements, and stated that Vicki Henkelman had not signed the document because she was not present at the office on the relevant date:

Evidence Document D6.12 -13

12.5. 3 In my submission to QCAT on 19 August, after receiving the RTI documents from HPW, I proved that the denial by the scheme operators, in their submission to QCAT on 13 June 2019, was false:

Evidence Document D6.12 - 14

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12.6 Contravention of Retirement Villages Act

12.1.1 The scheme operators have contravened s86 of the retirement Villages Act by engaging in conduct that is misleading and deceptive:

Evidence Document D6.12 - 01

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12.7 Why it matters

12.7.1 The deception of residents, to hide her true status a a scheme operator, matters because:

  • Residents would otherwise have been less tolerant of her incompetence as a manager of Laurel Springs.
  • Residents would have been less willing to vote in favour of her request to live off-site; refer to section 6.13.
  • Residents would have known that she was refusing their requests, rather than believing that it was outside of her control.

12.7.2 Vicki Henkelman was not a competent manager of Laurel Springs because, as demonstrated at the 20188 AGM, she could not properly conduct a meeting:

Evidence Document D6.12 - 15

12.7.3 As I stated in my submission to QCAT on 12 April 2019, Vicki Henkelman was not a competent manager of Laurel Springs because she needed to seek budget advice from a favoured resident:

Evidence Document D6.12 - 12

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