ASIC obtains injunctions against SMSF scam
The Australian Securities and Investments Commission (ASIC) has successfully applied to the Federal Court of Australia for urgent interim injunction against PW Kitt Co and sole director Larry Dawson for a fraudulent self-managed superannuation fund (SMSF) advisory business.
The investigation was commenced as part of ASIC’s response to the increase in financial scam activity due to the COVID-19 pandemic.
ASIC’s application was based on concerns the defendants obtained almost $7 million in Australian investor funds by cold-calling consumers and operating the websites smsfadvisory and pwkittco.
ASIC submitted to the court that the defendants had been using the same or similar business names to an unrelated business, SMSF Advisory Services and P.W. Kitt & Co.
It was also alleged it used the Australian financial services (AFS) licence of another company, which ASIC remained concerned the defendants had no connection to.
Michael Hill, Anthony Connelly and Katherine Sozou of McGrath Nicol had been appointed as receivers and managers to the property and assets of the defendants, and were required to report back to the court by 18 September.
The instructions included in the orders would:
- Appoint receivers and managers to the property and assets of the defendants;
- Require the receivers to provide a report to the Court and ASIC within 42 days regarding the affairs of the defendants;
- Stop the defendants from removing, dealing with or diminishing the value of property or assets, including funds in bank accounts held by the defendants; and
- Restrain Dawson from leaving Australia.
AUTHOR
Chris Dastoor
Recommended for you
Insignia Financial has made four appointments, including three who have joined from TAL, to lead strategy and innovation in its retirement solutions for the MLC brand.
The third quarter of 2024 saw the first positive increase in adviser numbers for 12 months, according to the latest quarterly Musical Chairs report, with new entrants overwhelmingly choosing to join privately owned firms.
As more advisers review their fee structures, Business Health has shared six steps to calculating the price to deliver financial advice services in a profitable yet suitable way.
ASIC’s Sarah Court has confirmed the regulator is carrying out systematic work on providers of unlicensed advice but admits it is a case of “whack-a-mole” when it comes to disciplining them.
