Former adviser found guilty of fraud in retrial

Ben Jayaweera was found guilty of 28 counts of fraud pursuant to section 408C(1)(e) Criminal Code Act 1899 (Qld) after he was granted permission for a retrial in June 2022 by the Queensland Court of Appeal.

This followed his appeal against his first conviction and subsequent sentencing to 12 years’ jail in 2019.

The offending took place between August 2013 and November 2015, resulting in a total detriment of $5,958,870 to 12 of Jayaweera’s former clients.

A jury delivered the guilty verdict on all 28 counts on the indictment, following a three-week retrial in the Brisbane District Court.

The matter was prosecuted by the Office of the Commonwealth Director of Public Prosecutions (CDPP) following an investigation and referral by the Australian Securities and Investments Commission (ASIC).

Jayaweera has been remanded in custody ahead of sentencing on Monday, 26 August 2024.

Following a three-week trial in September and October 2019, Jayaweera was found guilty of six charges of fraud contrary to section 408C(1)(e) Criminal Code Act 1899 (Qld). The six counts on the indictment related to 28 transactions where 12 clients collectively lost approximately $5.9 million.

ASIC alleged that between September 2013 to October 2015, Jayaweera, through his company Growth Plus Financial Group Pty Ltd (in liquidation), induced various investors to transfer funds, including funds from their self-managed superannuation fund (SMSF), for investment into an unregistered managed investment scheme, known as the Australian Diversified Sector Income Fund (ADSIF).

ASIC also alleged Jayaweera invested some clients’ superannuation funds into ADSIF without the clients’ knowledge or permission.

On 12 November 2019, Jayaweera appealed the conviction and sentence in the Queensland Court of Appeal. Jayaweera’s appeal was heard by the Queensland Court of Appeal on 19 November 2021.

On 10 June 2022, the Queensland Court of Appeal allowed the appeal and ordered a retrial.