ASIC investigation results in jailing

corporations act ASIC investors australian securities and investments commission director

22 September 2008
| By George Liondis |

The sole director of Sydney-based funds management firm BRG Corporation was sentenced to seven years imprisonment after an investigation by ASIC.

Gregory Nathan, of Rose Bay, was found guilty of five charges of dishonest conduct under the Corporations Act and a further four counts of obtaining money by making false and misleading statements while managing the fund under the NSW State Crimes Act. The court also took into account a further five counts of dishonest conduct on sentencing.

According to the Australian Securities and Investments Commission (ASIC), Nathan was operating an unregistered managed investment scheme known as the BRG Australian Equities Fund and raised almost $8.8 million between 2001 and 2006.

ASIC alleged that Nathan distributed reports to investors falsely stating that the fund was generating positive returns when it was losing substantial funds and also reported to some investors that the fund had $22 million in funds under management, when the most it could have had at any one time was approximately $4.9 million.

It was also alleged that Nathan used approximately $1 million of investors’ funds for gambling purposes.

The fund entered voluntary administration on October 10, 2006, owing investors more than $4 million.

Read more about:

AUTHOR

Recommended for you

sub-bgsidebar subscription

Never miss the latest news and developments in wealth management industry

MARKET INSIGHTS

Completely agree Peter. The definition of 'significant change is circumstances relevant to the scope of the advice' is s...

1 month 3 weeks ago

This verdict highlights something deeply wrong and rotten at the heart of the FSCP. We are witnessing a heavy-handed, op...

1 month 4 weeks ago

Interesting. Would be good to know the details of the StrategyOne deal....

2 months ago

SuperRatings has shared the median estimated return for balanced superannuation funds for the calendar year 2024, finding the year achieved “strong and consistent positiv...

2 weeks 2 days ago

Original bidder Bain Capital, which saw its first offer rejected in December, has returned with a revised bid for Insignia Financial....

1 week 2 days ago

The FAAA has secured CSLR-related documents under the FOI process, after an extended four-month wait, which show little analysis was done on how the scheme’s cost would a...

6 days 18 hours ago

TOP PERFORMING FUNDS