Banned SMSF adviser convicted for breaching ASIC order
Former Queensland financial adviser, Lawrence Toledo, has been convicted and fined $1500 after pleading guilty to three charges of breaching an Australian Securities and Investment Commission (ASIC) banning order.
In 2017, Toledo was banned from providing financial services for seven years after ASIC found he had failed to act in the best interests of his clients when advising them to establish a self-managed superannuation fund (SMSF) to purchase properties.
Despite his ban remaining in force until 5 September, 2024, Toledo continued to provide financial product advice and deal in financial products.
Toledo breached his banning order by providing financial advice to an SMSF to invest in Premier Realty Group Pty Ltd, arranging the sale of 70,000 shares in Premier Realty Group for $70,000 to the SMSF and arranging a second sale of 14,000 additional shares in Premier Realty Group, costing $14,000, to the same SMSF.
Toledo entered his plea and was sentenced in the Brisbane Magistrate’s Court.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions after a referral of a brief of evidence from ASIC.
Recommended for you
Government has introduced a bill to Parliament to legislate the first stream of the QAR reforms.
ASIC now has a 1:1 ratio when it comes to court success in the enforcement of crypto activities and more action is expected as Treasury seeks to introduce a regulatory framework.
A leading governance body has hit out at “specialist interest groups proposing ad hoc law reform” when it comes to reforms of financial services legislation and believes an independent body is needed.
The release of ALRC’s final report into financial services legislation has highlighted financial advice as a “significant” focus as it seeks to reduce costs and help advisers understand their obligations, alongside the Quality of Advice Review.