Lauren Cranston and her brother Adam Cranston during their trial.

Lauren Cranston and her brother Adam Cranston during their trial.Credit:Brook Mitchell

Following a marathon trial,the 30-year-oldwas found guilty by a jury in March of conspiring with others to dishonestly cause a loss to the Commonwealth and conspiring to deal with more than $1 million believing it to be the proceeds of crime.

Her brother Adam Cranston,his friend Patrick Willmott,former professional snowboarder Jason Onley and solicitor Dev Menon were also found guilty of the same two charges and await sentencing. The charges carry maximum penalties of 10 and 25 years’ imprisonment and/or substantial fines.

The judge found Lauren Cranston’s personal gain was $181,000. He said she was not principally motivated by greed,rather her involvement was “primarily the result of a misguided sense of loyalty to the people directing the conspiracies,particularly her brother”,who was an architect of the scheme,and that this trust “provided a substantial explanation for her continued participation”.

The fraud scheme skimmed PAYG (pay as you go) withholding tax and GST from money received from clients of payroll business Plutus Payroll. Second-tier companies holding the debt were phoenixed:the process of being liquidated,left with the debt and replaced with new companies.

Lauren and Adam Cranston’s father,former ATO deputy commissioner Michael Cranston.

Lauren and Adam Cranston’s father,former ATO deputy commissioner Michael Cranston.Credit:Janie Barrett

The judge said Plutus and the second-tier companies should have paid more than $141.3 million of PAYG and GST to the Tax Office between March 2014 and May 2017,but only $30.8 million was paid voluntarily and $4.7 million taken through garnishee notices,resulting in a misappropriation of $105 million. Funds were used by conspirators for properties,luxury cars,a boat and a plane.

Payne said Lauren Cranston had a subordinate but central role in facilitating the conspiracies and actively took steps to conceal them,including by destroying records.

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He said she processed payroll,attended meetings about the scheme,maintained spreadsheets on how much tax ought to be paid,made payments for her brother for luxury cars,and she knew the vulnerable straw directors of the second-tier companies – whom she described as “maniacs” and “crazy” – were used to conceal the non-payment of tax.

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Payne said Cranston had shown no contrition and “appears still to believe that she and her co-conspirators have done nothing wrong”.

Cranston’s barrister Troy Anderson,SC,previously argued his client had been a “minion” following instructions,and disputed that she had knowingly participated in the conspiracies before 2016.

“You wouldn’t necessarily – at 22 years of age – go,‘This is a bit crook,’ ” Anderson said.

The judge said,while he harboured strong suspicions,he was unable to find beyond reasonable doubt that Lauren Cranston’s knowledge of the conspiracies began in 2014,but found she knew no later than February 2015,with $101 million misappropriated since that time.

Payne said Cranston did not need a university degree to know the money she handled needed to be paid to the Tax Office and not transferred to third parties at the direction of her brother and his associates.

The Cranstons are the children of former ATO deputy commissioner Michael Cranston,who is not accused of any wrongdoing.

In a case report,published online,the Commonwealth Director of Public Prosecutions described the Plutus network as “one of Australia’s largest and most complex criminal tax fraud enterprises”.

In January 2017,in one of 360 covert recordings before the jury,Adam Cranston said,“if this was fully uncovered,and they knew exactly what was going on,it would be ‘f---ingBen-Hur, man’.”

In that recording,Menon replied,“it would be the biggest tax fraud in Australia’s history”.

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The judge suggested the loss to the Commonwealth of more than $100 million would need to be made up from additional taxes levied at taxpayers or by cuts to government spending. He noted the non-payment of tax occurred in the years immediately before the COVID-19 pandemic.

“There is no doubt that revenue fraud on the scale here has a corrosive effect on our society,” Payne said.

“The loss of over $100 million,which would’ve otherwise been available to fund government services,is a very significant injury suffered by all Australians.”

In a statement from the Australian Federal Police,Detective Superintendent Kristie Cressy said tax fraud was not a victimless crime and Cranston’s sentence “should serve as a warning to anyone thinking of trying to defraud the government and fund a lavish lifestyle at the expense of honest Australians”.

Cranston will be eligible for parole in March 2028. Her maximum term expires in 2031.

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