ASIC bans former adviser following fraud conviction

The Australian Securities and Investments Commission (ASIC) has permanently banned former Sunshine Coast financial adviser Brett Andrew Gordon from providing financial services and engaging in credit activities after he was convicted of fraud offences.

Gordon was a financial adviser and director of Refocus Financial Group. Between 2015 and 2018, he dishonestly used funds deposited by clients for property development purposes to pay personal debts and expenses and Refocus business expenses.

Following an ASIC investigation, Gordon pleaded guilty to nine counts of fraud totalling $652,500 and was sentenced to six years’ imprisonment, with parole eligibility after 18 months.

ASIC said that under the Corporations Act and the National Consumer Credit Protection Act, it may permanently ban a person from the financial services and credit industries if they are convicted of fraud. Consequently, based on his conviction, the regulator has banned Gordon permanently.

It said that the ban prohibits Gordon from providing any financial services and engaging in any credit activities, controlling an entity that carries on a financial services business or engages in credit activities, and performing any function involved in carrying on a financial services business or engaging in credit activities, including as an officer, manager, employee or contractor.

Gordon has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC’s decision.

In sentencing Gordon in April last year, Judge Barlow KC described his conduct as “deliberate, fraudulent and unforgivable given his position of trust” and noted that his conduct involved people’s livelihood and occurred over a number of years. Judge Barlow KC also observed that Gordon did not attempt to repay his victims.