William Lionel Lewski

Member's name: Mr William Lionel Lewski
Date of Hearing: 30 June 2020
Division: Victoria
Tribunal: Disciplinary Tribunal

On 30 June 2020 the Disciplinary Tribunal found the Member breached Article 39(a)(ii)(F) of the 14 May 2019 Constitution (“the Constitution”) in that Mr Lewski had:

1. “been the subject of an adverse finding that has not been overturned on appeal in relation to the Member's conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction” in respect of an order of the Federal Court of Australia dated 11 October 2019 in proceedings VID131/2019 in which Mr Lewski was, relevantly, disqualified from managing corporations to 22 February 2033, ordered to pay a pecuniary penalty of $230,000.00 and to pay the costs of the Australian Securities and Investments Commission (ASIC) relating to Mr Lewski's appeal in proceedings VID752/2014
2. “been the subject of an adverse finding that has not been overturned on appeal in relation to the Member's conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction” in respect of a decision of the Tax Practitioners Board dated 24 October 2019 that terminated Mr Lewski's registration as a tax agent and prohibited him from applying for registration for a period of five (5) years from 11 December 2019.

In addition, the Disciplinary Tribunal found that Mr Lewski breached Article 39(a)(ii)A of the Constitution in that he:

3. Breached By-Law 5.2(a)(ii) and 5.2(b) for failing to respond to a Complaint about him and provide further information when requested within 10 business days or at all.

Mr Lewski did not attend the Disciplinary Tribunal Hearing and a denial of the Complaints were entered on his behalf.

Penalty and costs

The Disciplinary Tribunal found the Complaints sustained and imposed the following penalties:

For Complaints 1 and 2:

• forfeiture of Membership, not eligible for readmission for a period of 25 years
• a fine of $50,000
• a lowering of Membership status from FCPA to CPA.

For Complaint 3:

• severe reprimand
• a fine of $6000.

Prior to any application for readmission, Mr Lewski must first pay the fines and costs and successfully complete the Ethics and Governance Segment or its equivalent as agreed to by the GMPC as a non-member.

If Mr Lewski is readmitted to Membership, he is not eligible to apply for FCPA status at any time.

Mr Lewski was ordered to pay CPA Australia's costs of $3007.