Financial Adviser

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ASIC has commenced proceedings in the Supreme Court of Queensland against:
<ul>
<li>Brett Andrew Gordon, a former financial adviser;</li>
<li>Refocus Financial Group Pty Ltd (Refocus), a financial planning business based on the Sunshine Coast in Queensland, operated by Mr Gordon;</li>
<li>Heather Jean Swift, Mr Gordon’s partner; and</li>
<li>Consultia Super Pty Ltd (Consultia) of which Ms Swift is the sole director.</li>
</ul>
Mr Gordon and Refocus were authorised representatives of Solar Financial Advisory Pty Ltd (Solar) between 28 June 2014 and 26 August 2017. During that period, ASIC alleges that Mr Gordon recommended that clients establish self-managed superannuation funds (SMSF) and then advance unsecured loans to a related company, Diverse Capital Management Pty Ltd (Diverse) to undertake property development. Diverse was placed into liquidation on 18 May 2018.
Following an investigation, ASIC alleges that:
<ul>
<li>At least 10 clients loaned $1.4 million to Diverse on Mr Gordon’s recommendation. Those funds remain outstanding;</li>
<li>Mr Gordon used funds that had been loaned to Diverse for his personal use and as working capital for Refocus;</li>
<li>Ms Swift received funds from Diverse which were applied for her personal use;</li>
<li>Mr Gordon and Refocus entered into other unsecured loan agreements to borrow funds from SMSF clients of Refocus, which have not yet been repaid; and</li>
<li>Mr Gordon has continued to provide financial services despite not being licensed to do so.</li>
</ul>
ASIC is seeking orders to:
<ul>
<li>Appoint a provisional liquidator to Refocus and Consultia;</li>
<li>Prevent Mr Gordon and Ms Swift from dealing with their assets; and</li>
<li>Restrain Mr Gordon from providing financial services.</li>
</ul>
The matter will be heard in the Supreme Court in Brisbane on 11 July 2018.
ASIC's investigation is continuing.
Background
Solar terminated Mr Gordon and Refocus as authorised representatives after becoming aware of Mr Gordon's conduct, and reported it to ASIC.
Clients of Refocus who wish to make a complaint regarding Mr Gordon can contact Solar or the Financial Ombudsman Service on 1800 367 287.
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ASIC commence court proceedings against former financial advisor Brett Gordon and his wife

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ASIC has permanently banned Mr Max Kiattisak Eung (also known as Kiattisak Eungpongpan), of Tempe, New South Wales from providing financial services and engaging in credit activities.
Mr Eung was banned following an ASIC investigation into his conduct between March 2016 and December 2016 while he was a financial adviser with NAB. It was alleged that during this period Mr Eung engaged in conduct including:
<ul>
<li>creating two false bank accounts in the names of his clients;</li>
<li>falsifying documents to open the false bank accounts;</li>
<li>causing withdrawals to be made from client funds to the false bank accounts and misappropriating client funds; and</li>
<li>impersonating his clients to attempt to obtain access to funds in the second false bank account.</li>
</ul>
Subsequently, Mr Eung incorporated a company for the purpose of operating a mortgage broking business and became a Credit Representative to provide credit assistance within that business.
ASIC found that Mr Eung had engaged in dishonest conduct, was likely to contravene a financial services law, and was not of good character. ASIC also found that Mr Eung was likely to contravene credit legislation and was not a fit and proper person to engage in credit activities.
ASIC’s investigation into Mr Eung is continuing.
Mr Eung was an authorised representative and financial adviser with NAB from 21 May 2015 to 20 December 2016 and a credit representative of Connective Credit Services Pty Ltd from 14 September 2017 to 23 October 2017.
Mr Eung’s banning will be recorded on ASIC’s Banned and Disqualified Persons Register and the Financial Advisers and Credit Representatives Registers.
Mr Eung has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
ASIC's MoneySmart website has useful information for clients of advisers to help them understand what to do if their adviser has been banned.
The banning of Mr Eung is part of ASIC's Wealth Management Project. The Wealth Management Project was established in October 2014 to lift the standards of major financial advice providers. The Wealth Management Project focuses on the conduct of the largest financial advice firms (NAB, Westpac, CBA, ANZ, Macquarie and AMP).
ASIC's work in the Wealth Management Project covers a number of areas including:
<ul>
<li>working with the largest financial advice firms to address the identification and remediation of non-compliant advice; and</li>
<li>seeking regulatory outcomes, where appropriate, against licensees and advisers.</li>
</ul>
As part of its Wealth Management Project, ASIC has banned 47 advisers and one director from the financial services industry. Four bannings are the subject of appeals, with a further banning stayed pending the outcome of an appeal.
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ASIC permanently bans former NAB financial adviser

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ASIC has permanently banned former financial adviser Neil Bruce Trower from providing any financial services.
Mr Trower is a former representative of Millennium 3 Financial Services Pty Ltd (M3), and a former employee of Lifestyle Financial Services (Qld) Pty Ltd a corporate representative of M3, who provided risk advice from the outer Brisbane suburb of Cashmere.
M3 is the holder of an Australian financial services licence and is ultimately owned by Australia and New Zealand Banking Group Limited (ANZ).
ASIC found that between August 2015 and December 2015, Mr Trower had:
<ul>
<li>not complied with a financial services law by failing to give a number of his clients a Statement of Advice, as required, at the time he provided them with oral financial advice; and</li>
<li>applied the signatures of a number of clients to both internal and external documents for the purpose of passing an internal compliance audit.</li>
</ul>
Further, ASIC found Mr Trower's conduct to be dishonest, as he did not tell the affected clients that he had applied their signatures to documents.
He submitted these documents to the internal audit team knowing that the team would rely on the documents as being genuine during the conduct of the audit.
The M3 audit team identified the signature irregularities during an internal audit of Mr Trower's files and reported them to ASIC.
ASIC Deputy Chairman Peter Kell said, "Certain compliance requirements are in place for advisers to ensure they are meeting their obligations to clients, and to ensure they act honestly and with integrity.
"Anyone whose conduct falls short of these standards will be removed from the financial services industry."
Mr Trower has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
The banning of Mr Trower is part of ASIC's Wealth Management Project. The Wealth Management Project was established in October 2014 to lift the standards of major financial advice providers.
The Wealth Management Project focuses on the conduct of the largest financial advice firms (NAB, Westpac, CBA, ANZ, Macquarie and AMP).
ASIC's work in the Wealth Management Project covers a number of areas including:
<ul>
<li>working with the largest financial advice firms to address the identification and remediation of non-compliant advice; and</li>
<li>seeking regulatory outcomes, where appropriate, against licensees and advisers.</li>
</ul>
As part of its Wealth Management Project, ASIC has banned 38 advisers from the financial services industry.
Two adviser bannings are the subject of appeals.
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ASIC bans former Cashmere, Brisbane financial adviser over fake signatures

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The Australian Securities and Investment Commission (ASIC) has banned Perth financial adviser Jason Sean Atkins from providing financial services for a period of three years.
ASIC found that Mr Atkins provided advice to clients to establish a self–managed superannuation fund (SMSF) and use limited recourse borrowing arrangements to fund the purchase of real property that was in breach of the best interests duty introduced under the Future of Financial Advice (FOFA) reforms.
ASIC Commissioner John Price said financial advisers must act in the best interests of their clients.
“ASIC is committed to improving conduct in the wealth management industry and we will act to remove individuals who do not live up to the high standards expected of financial advisers," he said.
ASIC found that in providing advice Mr Atkins had failed to act in the best interests of four clients.
ASIC was not satisfied that Mr Atkins:
<ul>
<li>had identified the subject matter of the advice</li>
<li>a reasonable investigation into the financial products that might achieve  the objectives and meet the needs of the client that would reasonably be considered as relevant to advice on that subject matter</li>
<li>understood what was required of him to comply with the best interest duty.</li>
</ul>
This banning should serve to remind financial advisers of Regulatory Guide 175 Licensing: Financial product advisers – conduct and disclosure (RG 175) which includes guidance on complying with the best interest duty and satisfying the 'safe harbour'.
In particular ASIC highlights the following elements of the 'safe harbour', which are relevant even when a client expresses a specific preference for a particular strategy or financial product;
<ul>
<li>identification of the subject matter of the advice sought by the client (whether explicitly or implicitly); and</li>
<li>if it would be reasonable to consider recommending a financial product:</li>
<li>to conduct a reasonable investigation into the financial products that might achieve the objectives and meet the needs of the client that would reasonably be considered relevant to advice on that subject matter; and</li>
<li>to assess the information gathered in the investigation.</li>
</ul>
ASIC's MoneySmart website has useful information on SMSFs and property.
Mr Atkins has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
Mr Atkins was a former authorised representative of Magnitude Group Pty Ltd (Magnitude), a subsidiary of Westpac Banking Corporation (Westpac) from 11 May 2015 to 11 December 2015.
Mr Atkins was appointed by a corporate authorised representative of Magnitude called Wealth Plus Solutions Pty Ltd.
Prior to this Mr Atkins was an authorised representative of Genesys Wealth Advisers Limited from 14 June 2013 to 8 May 2015.
The banning of Mr Atkins is part of ASIC's Wealth Management Project.
The Wealth Management Project was established in October 2014 to lift the standards of major financial advice providers.
The Wealth Management Project focuses on the conduct of the largest financial advice firms (NAB, Westpac, CBA, ANZ, Macquarie and AMP).
ASIC's work in the Wealth Management Project covers a number of areas including:
<ul>
<li>working with the largest financial advice firms to address the identification and remediation of non-compliant advice</li>
<li>seeking regulatory outcomes, where appropriate, against licensees and advisers.</li>
</ul>
As part of its Wealth Management Project, ASIC has banned 34 advisers from the financial services industry.
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