Former Qld adviser imprisoned after $625k SMSF fraud
A former Sunshine Coast adviser has been sentenced after pleading guilty to nine counts of fraud totalling $625k.
Brett Gordon appeared before Maroochydore District Count and was sentenced to six years imprisonment with eligibility for parole after one and a half years.
He was a director and financial adviser at Refocus Financial Group Pty and between 2015 and 2018, he withdrew funds without authorisation from his clients’ self-managed superannuation (SMSF) accounts and from Diverse Capital Management Pty Ltd (Diverse), which held funds deposited by his SMSF clients for property development purposes.
He then dishonestly used those funds for personal debts and expenses, as well as for Refocus’ business expenses, the Australian Securities and Investments Commission (ASIC) said.
Judge Barlow KC described his conduct as “deliberate, fraudulent and unforgivable given his position of trust” and observed that Gordon did not attempt to repay his victims.
In sentencing, Judge Barlow took into consideration Gordon’s guilty pleas, the loss of his career in financial services and his previous co-operation with ASIC.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions following a referral from ASIC.
On 11 July 2018, the Supreme Court of Queensland made final orders by consent, on the application of ASIC, to wind up entities operated by Gordon, Refocus and Consultia Super Pty Ltd and restraining Gordon from carrying on a financial services business without holding an Australian Financial Services (AFS) licence or being an authorised representative of an AFS licensee.
AUTHOR
Laura Dew
Recommended for you
Despite the year almost at an end, advisers have been considerably active in licensee switching this week while the profession has reported a slight uptick in numbers.
AMP has agreed in principle to settle an advice and insurance class action that commenced in 2020 related to historic commission payment activity.
BT has kicked off its second annual Career Pathways Program in partnership with Striver, almost doubling its intake from the inaugural program last year.
Kaplan has launched a six-week intensive program to start in January, targeting advisers who are unlikely to meet the education deadline but intend to return to the profession once they do.
