Unregistered MIS operator charged with $36.5m fraud

20 July 2022
| By Laura Dew |
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An unregistered managed investment scheme (MIS) operator has been charged with 50 counts of fraud which defrauded $36.5 million from investors.

Chris Marco, of Mount Hawthorn, Western Australia, was charged with 50 counts of fraud under section 409 of the Criminal Code (WA) following an investigation by the Australian Securities and Investments Commission (ASIC).

It was alleged by ASIC that between July 2013 and October 2018, Marco defrauded nine investors of $36.5 million. One investor, in particular, was defrauded of $10 million by Marco.

The maximum penalty for each offence of fraud under the Criminal Code WA was seven years imprisonment, or 10 years if the person deceived was 60 years or older.

ASIC had previously taken civil action in December 2020 to wind up the unregistered managed investment scheme operated by Marco and AMS Holdings (WA) Pty Ltd, the AMS Holdings Trust.

Marco was also permanently restrained from carrying on a financial services business without an Australian Financial Services Licence (AFSL) or operating an unregistered managed investment scheme.

This matter was being prosecuted by the Commonwealth Director of Public Prosecutions.

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