Whitehead was found guilty after an Australian Securities and Investments Commission investigation into his involvement in the management of MyGrocer-related co-operators, Mysupercentre.com and MyGrocer. They found that Whitehead signed lease agreements for both companies, negotiated agreements with suppliers and licensees, and engaged agency staff to work in the business between November 2003 and August 2004.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions after the initial investigation by ASIC.