ASIC pays out to cold-caller victims


The Australian Securities and Investments Commission (ASIC) will divvy up over $80,000 to investors duped by a cold-calling scam last year, after the Melbourne Federal Court found the company had misled the investors.
The Court ordered Goldsmith and Associates to cease operating a financial services business for 10 years and unlocked the $81,500 in previously frozen funds.
Goldsmith was ordered to remove any promotional material and disconnect any phone lines linked to the fraud.
Acting without an Australian financial services licence, Goldsmith promoted investments between 22 August 2011 and 16 December 2011 that directed investors to false product information on the company's website.
ASIC found 31 investors deposited a total of $364,000 into a bank account owned by Goldsmith.
The Court maintained Goldsmith made false representations about the experience and reputation of the company and guaranteed a return on investments the company made on investors' behalf.
ASIC Commissioner Peter Kell said it was another step in ASIC's campaign to stop cold-calling scams.
"Where possible, ASIC will freeze the bank accounts of fraudulent companies and seek court orders removing them from the industry. Often in such scams, the money is gone, so ASIC is pleased to be able to return any money to investors whenever it can," he said.
ASIC previously acted against Australia AFT Finance Market, Golden Sparrow, City Index Australasia, West Trade and Dellingworth for engaging in similar cold calling scams.
Recommended for you
With wealth management M&A appetite only growing stronger, Business Health has outlined the major considerations for buyers and sellers to prevent unintended misalignment between the parties.
Industry body SIAA has said the falling number of financial advisers in Australia is a key issue impacting the attractiveness and investor participation of both public and private markets.
As advisers risk losing two-thirds of FUA during the $3.5 trillion wealth transfer, two co-founders underscore why fostering trust with the next generation is vital to retaining intergenerational wealth.
As advisers seek greater insights into FSCP determinations, what are the various options considered by the panel and can a decision be appealed?