Financial Scam

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ASIC has commenced civil proceedings in the Federal Court over what the corporate regulator claims is an unregistered Perth based managed investment scheme providing unlicensed financial advice.

The scheme has raised over $11 million for property development purposes.

The proceedings are against Ms Monica Kaur, MKS Property Investments/Developments Pty Ltd (MKS Property), Paradise Property Group Pty Ltd (Paradise Property) as well as against Mr Sadu Singh, Mr Melvin Paul Singh and Ms Stephanie Lee.

“ASIC is concerned that Ms Kaur is providing unlicensed financial advice services and that she, together with the defendants, are involved in promoting and operating an unregistered managed investment scheme,” ASIC advised.

On 16 December 2020, ASIC obtained urgent interim orders:  

- restraining the defendants from removing their assets from Australia, disposing of their property, and freezing monies in their bank accounts including in Singapore; and

- preventing Ms Kaur, Mr Singh and Mr Melvin Singh from leaving Australia.

ASIC alleges the defendants raised at least $11.3 million from around 300 investors during the period March 2017 to September 2020 through MKS Property. 

It is alleged that investors were encouraged to establish a self-managed superannuation fund (SMSF) and invest part or all of their SMSFs or other funds into property investments and developments set up by MKS Property and/or Paradise Property. 

These funds would be pooled together to invest in property development.

“ASIC alleges the defendants used investor funds, at least in part, for their own personal use and to pay returns to investors,” it claims.

On 17 December 2020, ASIC, with the assistance of the AFP, executed search warrants.

The orders are to remain until February 15.

ASIC’s investigation is continuing.
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ASIC alleges the defendants raised at least $11.3 million from around 300 investors during the period March 2017 to September 2020 through MKS Property.

jchancellor

ASIC launch Federal Court proceedings over alleged unlicensed $11.3 million property development scheme

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Rental and accomodation scams have spiked over the COVID-19 hit 2020, with a 76 per cent increase representing over $300,000 scammed so far this year.
According to Scamwatch, there have been 560 reports of rental scams in 2020, which itself is an increase of 56 per cent.
They suggest that many are using tactics related to COVID-19.
These scams target people seeking new rental accommodation by offering fake rental properties to convince people into handing over money or personal information.
“Scammers are offering reduced rents due to COVID-19 and using the government restrictions to trick people into transferring money without inspecting the property,” ACCC deputy commissioner Delia Rickard said.
The ACCC say that the scammer will post advertisements on real estate or classified websites or target people who have posted on social media that they are looking for a room.
After the victim responds, the scammer will request an upfront deposit to secure the property or phish for personal information through a ‘tenant application form’, promising to provide the keys after the payment or information is provided.
The scammer may come up with excuses for further payments and the victim often only realises they have been scammed when the keys don’t arrive and the scammer cuts off contact.
Some scammers will even impersonate real estate agents and organise fake inspections, victims will then arrive to discover the property doesn’t exist or is currently occupied.
“The loss of personal information through rental scams is becoming more common, with scammers requesting copies of identity documents such as passports, bank statements or payslips,” Ms Rickard said.
“Once a scammer has your personal information you are at risk of being targeted by further scams or identity theft.”
“Many people are also experiencing financial difficulties due to the pandemic and the financial impact of falling victim to a scam can be devastating,” Ms Rickard said.
People aged 25-34 reported the most rental scams so far in 2020, and the most reports came from NSW, VIC and the ACT.
“Try to view a property in person before paying any bond or rent money to landlords or real estate agents,” Ms Rickard said.  
“In areas of Victoria under COVID-19 level 4 restrictions this is not possible, but you can help protect yourself by doing an online search to confirm the property exists and, if dealing with an agent, checking that the agent you are dealing with is licensed.”
“Scammers often rely on email communications to avoid identification, do an independent search for a phone number and speak to the property manager over the phone or arrange a meeting in person,” Ms Rickard said.  
“Before making any payments ensure you are dealing with the licensed agent, if a scammer has your details they may impersonate a real estate agent and attempt to ‘follow-up’ requesting money after an inspection.”
 
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jrobinson-rf4aSBido9

Rental and accomodation scams prey $300,000 from Aussies

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Former financial adviser, Gabriel Nakhl, has been sentenced to 10 years imprisonment for engaging in dishonest conduct
He was convicted on eight charges (<a href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2018-releases/18-178mr-former-financial-adviser-convicted-for-dishonest-conduct/" target="_blank">18-178MR</a>), brought by ASIC, of engaging in dishonest conduct with investor funds, after being found guilty in the District Court of New South Wales.
According to ASIC, the conduct affected 12 investors while Mr Nakhl was a representative of Australian Financial Services Limited (in liquidation) and as sole director of SydFA Pty Ltd (deregistered).
The court found Mr Nakhl advised clients to set up self-managed superannuation funds and to invest their superannuation and other funds in products such as shares, managed funds and high interest rate bank accounts.
Rather than investing the 12 investors’ funds in these products, Mr Nakhl used these funds 'as he pleased' and for his own purposes.
Mr Nakhl then lied to the investors, telling them that he had invested their funds in accordance with his advice and that their investments were performing well.
Mr Nakhl also tried to cover up his wrongdoing by having these 12 investors sign documents that supposedly authorised Mr Nakhl to use the funds in the way he did.
These 12 investors allowed Mr Nakhl to invest approximately $6.7 million on their behalf. Mr Nakhl lost approximately $5.1 million of these invested funds.
'Mr Nakhl deliberately misled his clients and used their savings as he pleased. Clients should be able to trust their financial advisers. In this case, Mr Nakhl dishonestly and deliberately breached his clients’ trust. ASIC welcomes the sentencing decision handed down today,' said ASIC Commissioner Sean Hughes.
ASIC obtained orders against Mr Nakhl in February 2013, freezing his assets (<a href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2013-releases/13-023mr-asic-obtains-court-orders-against-sydney-financial-adviser/" target="_blank">13-023MR</a>). In April 2013, the amounts frozen in interim orders against Mr Nakhl were approximately $7.7 million.
In November 2013, Mr Nakhl was permanently prevented from providing financial services. He is also not allowed to manage a company until 2028 (<a href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2013-releases/13-313mr-sydney-adviser-removed-from-financial-services/" target="_blank">13-313MR</a>).  
 
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j.ballantyne1990-6AQqhLzZaK

Former financial adviser Gabriel Nakhl sentenced to 10 years in jail: ASIC

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A waterfront property in Sanctuary Cove in the Gold Coast belonging to failed Indian group Pearls, which was involved in a $10 billion Ponzi scheme, has been on the market for more than a year a deal for more than $4 million fell through. 
The 1019-20 Edgecliff Drive house was bought for $4.95 million in 2011, a year after Pearls picked up the Sheraton Mirage Hotel on the Southport Spit for $62.5 million.
The Sheraton was sold in January for $140 million and last year Pearls’ major Australian vehicle, which had been renamed the Mii group, exited its interest in a beachfront Surfers Paradise site, the Gold Coast Bulletin reported.
Last year, a caveat by the Queensland government temporarily <a href="https://www.urban.com.au/news/55727-gold-coast-sheraton-mirage-caveat-stops-pearls-group-sale" target="_blank">blocked the sale</a> of the Gold Coast Sheraton Mirage resort to help class action lawyers seeking to take control of it in the interests of Indian investors.
In 2009, before its collapse, India’s $10 billion failed Pearls Ponzi scheme brought more than $100 million of the scheme’s money to Australia, buying the Sheraton Mirage.
Pearls was spruiked in India by Australian cricketer Brett Lee, who was paid $300,000 for his services. It promised investors huge ­returns if they invested in land parcels across India.
It appears the net proceeds of the Pearls sales, including those from the Sanctuary Cove house, ultimately will end up with the Indian government for disbursement to investors caught up in the Ponzi scheme.
India’s financial markets watchdog, the Securities and Exchange Board of India, has been handling the selloff of Pearls assets, which in India have included a swag of properties and 79 luxury cars.
Last May, the fully-furnished Sanctuary Cove house didn’t sell at auction. It drew an unsuccessful top bid of $4.6 million.
Later, a $5.5 million tag was put on the house.
The agents marketing the home are tight-lipped but word is that multiple offers have followed from buyers wanting to tap into a rising Sanctuary Cove market but those offers haven’t found favour with SEBI.
The house is owned by Pearls Infrastructure Projects.
The five-bedroom house, bought for $3.7 million, has a lift, parking for six cars, and a jetty.
Pearls Infrastructure later increased the size of the land-holding to 1,700 sqm by spending $1.25 million on an adjoining lot and created a waterfront entertaining area, complete with marquee.
The Gold Coast Bulletin reported among the Pearls-related parties known to have used the Cove house included Barinda Kaur, daughter of Pearls founder Nirmal Singh Bhangoo.
Four years ago Barinda was involved in a legal wrangle after a company she owned failed to settle the $7 million purchase of the 64 Ferny Avenue office tower in Surfers Paradise.
The building subsequently sold to Chinese investors for $6.187 million.
Barinda’s father is facing charges over the Pearls collapse and was languishing in an Indian jail until he was transferred last year to a hospital.
He allegedly duped more than five million investors when the Pearls group promised them agricultural plots and healthy returns on their funds.
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Indian ponzi group Pearls' Gold Coast waterfront house waits for buyer

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A Gold Coast developer, who also runs a strip club in Hobart, has been arrested in connection with an alleged Ponzi scam.
Bradley Keith Silver of Hobart has been charged with fraud offences totalling $2.32 million following an investigation by market watchdog, the Australian Securities and Investment Commission.
Silver was arrested by the Australian Federal Police on July 20 and brought before the Brisbane Magistrates Court the same day. 
The ASIC has charged Silver with seven counts of fraud under s408C of the Queensland Criminal Code, which carry a maximum prison term of 12 years and six counts of dishonest use of his position as a director under s184 of the Corporations Act (maximum sentence of imprisonment of five years).
Silver was released on conditional bail to appear in the Brisbane Magistrates Court on 25 August, the ASIC said in a media release. His bail conditions include that he surrender his passport. 
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.
Between 2008 and 2010, Silver was the director of a Gold Coast property development company known as Capital Growth International Club Pty Ltd (CGIC) and associated with a company known as All About Property Developments Pty Ltd (AAPD). 
In February 2011, the companies were placed into liquidation owing investors about $9 million, the ASIC said.
The company, where unconventional “low-doc” loans were allegedly offered to clients as old as 98, was the subject of a Senate economics committee’s inquiry into bank practices in 2012 involving Westpac’s former Pacific Fair home lending manager David St Pierre.
The customers were promised "safe" returns of up to 20 per cent a year to invest in CGIC.
Silver also operates Hobart’s Men’s Galley and Launceston’s Show Girls, according to The Mercury. 
 
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jonathanchancellor-7SQnKwU6yx

Developer charged with alleged Gold Coast ponzi scam

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Nearly $30 million was paid to 1,347 customers who suffered losses after they were misled by financial advisers, while the securities watchdog banned 26 advisers for misconduct as of December 2016. 
These are the findings from a review by the Australian Securities and Investment Commission of how Australia's largest financial advice firms have dealt with past poor advice and non­-compliant advisers, including how these firms have dealt with affected customers. 
The review, which forms part of ASIC’s broader Wealth Management Project, was focussed on the conduct of the financial advice arms of AMP, ANZ, CBA, NAB and Westpac.
ASIC deputy chairman Peter Kell said the report, “sets out the significant work that has been done by the major financial advice institutions to implement large­-scale review and remediation programs to identify and remediate customers impacted by poor advice given in the past”. 
The review looked at: 
<ul>
<li>how the firms identified and dealt with non­compliant conduct by their advisers between 1 January 2009 and 30 June 2015</li>
<li>the development and implementation by the firms of large­-scale review and remediation frameworks to remediate customers impacted by non­compliant advice, and </li>
<li>the processes used to monitor and supervise the firms' advisers, focussing on background and reference ­checking, the adviser audit process and use of data analytics. </li>
</ul>
ASIC Report 515 Financial advice: Review of how large institutions oversee their advisers (REP 515) covers the key findings of this review.
He said that while financial advice institutions had done much to improve their practices and compliance, more work was needed to re­build consumer trust in the financial advice industry.
ASIC has identified a number of areas of concern where further improvements need to be made, including: 
<ul>
<li>failure to notify ASIC about serious non­compliance concerns regarding adviser conduct</li>
<li>significant delays between the institution first becoming aware of the misconduct and reporting it to ASIC</li>
<li>inadequate background and reference-­checking processes, and</li>
<li>inadequate audit processes to assess whether the advice complied with the 'best interest' duty and other obligations. </li>
</ul>
“It is critical that customers are able to get financial advice they can trust. ASIC expects internal processes to support core values of putting the customer first and where there are failings, for advice firms to act quickly to provide a response in the interests of their customers. This is a message for both large and small advice firms,” Kell said. 
“Strengthening breach reporting requirements will be an important issue in the current review of ASIC's enforcement powers announced by Government in October 2016,” he said. 
The Australian Bankers' Association's recently announced a Reference Checking and Information Sharing Protocol, that takes a more rigorous approach to checking and provision of adviser references. Financial institutions regularly use data analytics now to detect irregularities early and take action.
 
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prateek24-ezbwHMbNAk

ASIC says $30 million paid to customers misled by wrong advice in its review of financial institutions

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A woman whose Canberra house was stolen by overseas scammers has sued the ACT government to recoup her money.
The international fraudsters pocketed $430,000 when they sold the four-bedroom Canberra house in 2014 in a sophisticated scam spanning several months and countries, including South Africa, Australia and Indonesia.
The owner lived in South Africa at the time. 
The ACT Supreme Court has been told the thieves went to elaborate lengths to steal the MacGregor home, conning real estate agents, lawyers and a bank.
The fraudsters are yet to be caught two years after the fraud came to light after its 2014 sale.
"I have never given instructions to anyone to sell the property on my behalf. I never had any intention of selling the property as I wanted to keep it for as long as I could and then pass it on to my children," the victim said in an affidavit obtained by Fairfax Media.
The fraud stripped the victim of any right to the property, which was legally transferred to the innocent purchaser couple.
Registered real estate purchases made in good faith are protected by the ACT Land Titles Act.
The woman is now suing the ACT government for statutory compensation, seeking damages for the property value, stamp duty and legal costs along with lost rental income.
The government disagrees that she is entitled to recover damages from the government.
"The plaintiff has a remedy against the fraudster under section 154 of the Act and must first take action against him or her before she may take action against the defendant," the government said in its submission.
Associate Judge David Mossop has reserved his decision.
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jchancellor-FAypfDUnLy

International scam victim sues ACT Government after home sale

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Consumer regulators across Australia are launching a national video campaign against spruikers, who run get-rich-quick seminars.
<a href="https://www.youtube.com/v/srb0wYnyyWI" target="_blank">The national campaign</a>, has been promoted by the likes of Consumer Protection WA.
Its director of property industries Stephen Meahger said spruikers must comply with Australian consumer law.
"We always are concerned in any spruiking when you see a big, glossy ad or a full page ad in the paper that says that it's a free seminar," Mr Meahger told the ABC.
WA spruikers often teach their students how to set up rent-to-buy housing deals, which offers people who do not have a home deposit the option of purchasing a home after paying above-market rent for a set period of time.
Miles Larbey from the Australian Securities and Investments Commission (ASIC) said unscrupulous operators had been put on notice.
"ASIC assesses every report of misconduct it receives about such operators and there are serious consequences for property spruikers who break the law by providing unlicensed financial or credit advice," he said.
"ASIC strongly supports the campaign warning investors about property spruikers."
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