Ashlyn Nassif sentenced for falsifying document to secure $150 million Westpac loan
The daughter of developer Jean Nassif received a six-month community corrections order after pleading guilty to publishing false material.
Quick Look
- Ashlyn Nassif, daughter of developer Jean Nassif, was sentenced to a six-month community corrections order for submitting a falsified document to Westpac to secure a $150 million loan.
- The judge cited her father's abusive, tyrannical influence as a mitigating factor.
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Why It Matters
Ashlyn Nassif pleaded guilty to publishing false and misleading material to obtain a financial advantage. The case involved a $150 million loan application to Westpac for the company Toplace.
The daughter of "notorious" fugitive Sydney developer Jean Nassif has avoided jail for securing a $150 million loan from Westpac bank through a falsified document.
Ashlyn Nassif has been sentenced to a six-month community corrections order with no supervision after pleading guilty in June to publishing false misleading material to obtain advantage.
Ms Nassif was a solicitor and an executive at Toplace, the construction company owned by her father.
She sent a document falsifying the number of pre-sold units required to secure the loan and admitted to knowing some of the deposits were only 5 per cent of the value of the units.
Her lawyer Warwick Korn told the court Mr Nassif's reputation should not be a factor in considering his daughter's crime.
Ms Nassif provided a letter to the court which described how her relationship with her father influenced her decision.
According to the letter, Mr Nassif was angry with his daughter when he found out she had not sent the letter as he had asked.
According to Judge Christopher Halburd, Ms Nassif said: "I thought to myself, 'What if I continued to spiral?' I went back to the office and did what he asked, knowing that we didn't have the pre-sales required and some of the deposits were per cent."
Judge Halburd said the 32-year-old was remorseful.
"This defendant is not some sort of proxy for her father," he said.
"She's being sentenced not in relation to what he did. She's being sentenced for that one document that she didn't sign that she sent off under pressure from her father.
"She accepts that it's a serious matter and that she breached her position of trust as a solicitor."
'Tyrannical father'
After reviewing several testimonies, the judge described Mr Nassif as a "somewhat tyrannical father … who seems to have escaped justice".
Former employees who witnessed her relationship with her father described him as "foul-mouth" and a "bully", who abused her almost daily.
An affidavit provided by Ms Nassif's mother, now Mr Nassif's ex-wife, described a similar picture at home starting from a young age.
Mr Korn referenced the mother's testimony which said her ex-husband would be "telling her [Ashlyn Nassif] to lose weight, telling her to get cosmetic surgery so he could show her off".
Judge Halburd described it as a "complex matter" and a "difficult sentencing exercise", describing Ms Nassif as "a successful hard-working young woman, who would do almost anything not to disappoint her demanding father".
A psychologist's report provided to the court detailed the effects of Mr Nassif on his daughter's mental health, which the judge said was relevant to his sentencing.
"I accept that there was a life-long pattern established well before adulthood to comply with her father … and I do accept it's relevant," he said.
According to the report, abusive pressure from her father contributed to Ms Nassif's depression at the time of committing the offence and created a dynamic where she felt compelled "to placate with his demands to submit the fraudulent documents".
The judge said if the matter was concluded years earlier it would have been dealt with by way of a lengthy community corrections order.
He added there was "no point in having supervision" with her community corrections order.
Open Questions
- What is the current whereabouts of Jean Nassif?