Veterans left 'furious' after being targeted by convicted 'fraudster' | 7.30

Key Concepts

• Veteran Advocacy: The role of individuals who assist veterans in navigating complex bureaucratic systems, particularly for compensation claims.
• Department of Veterans Affairs (DVA): The Australian government agency responsible for providing support and compensation to veterans.
• Commonwealth Superannuation Corporation (ComSuper): The government agency managing superannuation for Commonwealth public servants, including many veterans.
• Dishonesty/Deception: Legal terms referring to fraudulent or deceitful behavior.
• Fraudster, Conman, Liar: Terms used by a judge to describe John Simmons's past conduct.
• Accreditation and Registration: Processes being implemented by the DVA to professionalize and regulate veteran advocates.
• Undiagnosed PTSD: Post-Traumatic Stress Disorder that has not been formally diagnosed, potentially impacting a veteran's mental health and ability to manage claims.
• Carriage Service: A telecommunications service used to transmit messages, often relevant in cases of harassment or threats.

John Simmons: A Veteran Advocate Under Scrutiny

This summary details allegations and findings concerning John Simmons, an ex-army mechanic who operated as an advocate for veterans. The report highlights serious concerns regarding his conduct, including accusations of fraud, deception, and misrepresentation, particularly in his dealings with vulnerable veterans seeking compensation and financial assistance.

Peter Olen's Compensation Claims and the ComSuper Deception

In 2019, former Army apprentice Peter Olen sought assistance from John Simmons to lodge compensation claims with the Department of Veterans Affairs (DVA). Olen, experiencing the complex DVA system and personal health issues potentially linked to his service, was introduced to Simmons, who presented himself as knowledgeable and studying law. Veterans often trust individuals from military backgrounds due to ingrained training to rely on those around them in high-stakes situations.

Simmons began lodging claims for Olen, charging $1,000 per successful entitlement. He then offered to handle Olen's Commonwealth superannuation (ComSuper) payments, advising him to take the government agency to court for a higher rate. Simmons claimed to have a lawyer in Queensland and requested $5,000 for legal action. Olen ultimately paid Simmons nearly $17,000 for this service.

In January 2024, Simmons informed Olen that the court case was successful and he would receive over $1 million in compensation. Olen provided his bank details, believing the process to be legitimate. However, the funds never materialized. Upon contacting ComSuper, Olen was informed that an appeal had been lodged. A subsequent investigation by ComSuper revealed a shocking discovery: no claim had ever been lodged with the legal department or the system itself, and there was no record of a court case. An investigation by 7:30 confirmed that Simmons had not filed any claim as Olen's advocate, nor was there any record of a court case. Simmons, when confronted with evidence of an invoice for the ComSuper matter, claimed he did not charge Olen for it, but rather provided an invoice for the potential cost, which Olen did not proceed with.

Patterns of Alleged Misconduct and DVA's Response

7:30 spoke with 14 of John Simmons's veteran clients. While some were satisfied, others reported a consistent issue: Simmons would inform them that the DVA had lost their paperwork. Simmons admitted it was "unfair to say that I'm perfect" and conceded that "there may have been a couple of claims that may not have been submitted." The DVA, however, stated that any claims of regularly misplacing documentation are incorrect.

An ongoing Senate inquiry into military advocacy has brought to light allegations of deceptive conduct, overcharging, and manipulative business models within the sector. A significant concern is that advocates do not require any qualifications or accreditation. Lawyer Greg Iselani, who has advocated for veterans for three decades, described the situation as needing "urgent reform" and highlighted the vulnerability of the veteran cohort. He criticized the DVA for allowing a "deregulation of the advocacy system," stating it "simply doesn't ask if your advocate is accredited."

John Simmons's Criminal Convictions and Judicial Findings

In 2015, John Simmons was convicted of one count of deception and, in a separate matter that same year, convicted of two counts of dishonesty. At the time, he was a car broker. The judge in one case, Judge Rice, found that Simmons had falsified documents to sell a Toyota that did not exist. Judge Rice famously stated, "You are a fraudster, conman, and liar. Not only is there a need for general deterrence, but a personal deterrent to encourage you not to defraud anyone else. I would not trust anything you say." Simmons walked out of an interview with 7:30 when these remarks were raised but later agreed to return. When asked if he was a conman, he responded, "No. If I was a conman, why aren't I living the high life?"

The DVA has stated it is establishing a new professional institute to accredit and register advocates, provide training, and enforce a code of conduct.

Brenton and Leanne Lawren's Experience: Property and Financial Deception

Veterans Brenton and Leanne Lawren run a wildlife sanctuary in South Australia. Five years prior, unaware of Simmons's convictions, they retained him as their advocate for compensation claims related to Leanne's undiagnosed PTSD. They developed a friendship with Simmons and donated over $20,000 to his business, believing it was for charity.

The Lawrens also offered Simmons a property they owned for half its value, approximately $295,000, as he was facing eviction. Simmons signed a contract to purchase the property and claimed to have paid a $10,000 deposit, even providing a fake bank reference. When confronted, he became defensive. The situation deteriorated to the point where the Lawrens had to evict him. They described feeling "embarrassed, angry, used," and that Simmons was "leading us down the garden path."

Simmons continued to manage their compensation claims, but significant delays led Leanne to become suspicious as her claims were not appearing on her DVA online portal. Simmons blamed incompetent government officers, emailing the DVA with accusations of "abhorrent behavior" and referring to staff members with derogatory terms. The DVA stated Simmons called a staff member a "murderer" and another a "rude, abusive, demonic woman."

Earlier this year, the Australian Federal Police charged John Simmons with one count of using a carriage service to menace, harass, or cause offense. His case is scheduled for court. The DVA has banned him from continuing his advocacy work, which Simmons believes is a mechanism to silence him.

Peter Olen's Cars and Fabricated Demands

Peter Olen was also unaware of Simmons's legal troubles when he engaged him as both an advocate and a car mechanic. Olen provided Simmons with four of his family cars, including a Mustang and a rare collectible Holden, for repair. However, none of the cars were made roadworthy, and two disappeared. Simmons provided a list of individuals and businesses that supposedly worked on the cars, but investigations revealed these businesses did not exist.

When Olen asked for his cars and parts back, Simmons accused him of not paying for his work and presented a "fabricated final notice" demanding payment, threatening legal consequences. Simmons admitted to writing the notice himself, and it had not progressed beyond that stage. Taking Simmons to court would be costly for Olen.

The Collision of Experiences and Calls for Action

Peter Olen and Brenton Lawren's paths crossed when Olen found one of his missing cars dumped on the Lawren's former property. They shared their experiences and discovered Simmons's fraudulent past. Brenton Lawren expressed disbelief that a man with a criminal conviction could operate as an advocate for vulnerable veterans.

The report concludes by providing contact information for Lifeline and Open Arms for those affected by the issues raised.