NSW Wife stole my superannuation from SMSF

[Daniel Day]

My wife and I have recently separated after I found she was having an affair. 5 years ago she encouraged me to roll my superannuation into a self managed super fund. I was under the impression that my superannuation was invested as she was a financial planner at a well respected financial planning firm. I have recently found out that the money was deposited into a Macquarie bank account and over the last 5 years she has withdrawn the entire balance.

Can you please advise what steps I should take to recover my superannuation and who I should report the theft/fraud to?

Thank you in advance.

 

[Rob Legat - SBPL]

Responsibilities for SMSFs bounce between ASIC and ATO. I suggest:

- If you know who the SMSF auditor is, talk to them first and see if they will refer it (ASIC/ATO more likely to listen to them);
- Refer the matter to the ATO for investigation;
- If the ATO won't help, contact ASIC.

SMSFs are largely 'on their own', but theft of superannuation funds should get somebody's attention in on of those two.

 

[Daniel Day]

Responsibilities for SMSFs bounce between ASIC and ATO. I suggest:

- If you know who the SMSF auditor is, talk to them first and see if they will refer it (ASIC/ATO more likely to listen to them);
- Refer the matter to the ATO for investigation;
- If the ATO won't help, contact ASIC.

SMSFs are largely 'on their own', but theft of superannuation funds should get somebody's attention in on of those two.

Thank for your reply. Can you offer any advise on, if I should be contacting the police and going down the line of criminal law?

 

[Rob Legat - SBPL]

As far as I know, the police aren’t going to be equipped to handle this sort of thing. ASIC are the ‘corporate cops’ - many of their investigators have experience in other branches of law enforcement including the federal police. They can, and do, prosecute criminal proceedings for breaches of the legislation they look after.