Posted on 29 Mar 2022
Slater and Gordon Lawyers has today filed a shareholder class action on behalf of investors in The Star Entertainment Group Ltd (Star), seeking compensation for misleading or deceptive representations the company made about its compliance with regulatory obligations.
The class action, filed in the Victorian Supreme Court, relates to investors who acquired shares between 29 March 2016 and 16 March 2022.
The detailed 108-page statement of claim outlines that Star has continually held itself out as an ethical and responsible casino operator that complied with its legal and regulatory obligations.
However, widespread media reporting in October 2021 revealed that Star had cultivated high-roller players who were allegedly associated with criminal or foreign-influence operations and had failed to comply with its obligations under anti-money laundering and counter-terrorism financing laws.
In response to those media reports, Star’s share price declined by more than 25 per cent, wiping more than $1 billion from the company’s value.
The allegations also prompted the Independent Liquor and Gaming Authority to announce an inquiry into whether Star remained suitable to hold its casino licence, led by Adam Bell SC – the counsel assisting the Bergin Inquiry which in 2020 examined money laundering, criminal infiltration and governance failings at Crown – would examine the allegations as part of public hearings.
The royal commission-style public probe began earlier this month and has so far heard revelations that Star misled its banks and the NSW casino regulator, ignored clear risks of money laundering occurring at its properties, and had otherwise failed to operate ethically.
Star’s long-serving CEO and managing director Mathias Bekier resigned yesterday in response to the evidence given to the public hearings.
Slater and Gordon Class Actions Senior Associate Ben Zocco said the firm’s investigation into whether investors had a case against Star began last October, and the analysis undertaken to date suggested that investors had a strong case.
“For the last six years, Star has held itself out to be a model casino operator that took its obligations seriously and followed not only the letter of the law, but the spirit of the law,” he said.
“Star insisted that it took compliance seriously and ran its business ethically, honestly and with integrity. Our investigations to date, in addition to the extraordinary evidence revealed so far in the Bell Inquiry, suggests that they did everything but.”
“When investors purchase shares in a listed company, they are entitled to assume that all of the material information relevant to its financial position had been disclosed to the market,” he said.
“Our case is that Star failed to do so, and, therefore, investors are entitled to compensation for their losses.”
Lead plaintiff David Lynch said that he was disappointed to see the value of his shareholding fall so significantly and was concerned that the company may have misled him and other shareholders by representing that it was far more compliant with its regulatory obligations than was actually the case.
“As an investor, I expect that licensed operators that are publicly listed will operate in accordance with the law, and that there are appropriate checks and balances to ensure they do so. I am dismayed by the apparent scale of Star’s misconduct that is now being revealed in the public hearings.”
The case also asserts that Star’s representations about policies being in place to mitigate risks such as money laundering, corruption, bribery, insider trading, and restrictions on the use of gambling products were misleading or deceptive, as were claims that any conduct by Star’s directors or employees that was inconsistent with company values – which were designed to help maintain its reputation and protect the wider community from harm – would not be tolerated.
Mr Bekier publicly stated in 2019 in relation to Crown’s demise that although it operated in the same market, Star conducted extensive due diligence on those it did business with. He added: “I am very confident that we are doing the best we can to run a clean and legal business… [and] I feel that what we do is both lawful and is executed in a way that should give us and our investors confidence that we are doing the right thing”.
For more information about Slater and Gordon’s proposed class action, and to register your participation go to https://www.slatergordon.com.au/star.
Andrea Petrie on 0428 994 937