A former Gold Coast financial adviser has been sentenced to 12 months jail for providing advice without a reasonable basis and for making a number of false or misleading statements.
Appearing before Southport District Court on 13 March 2015, Ian John Weaver, 70, was convicted and sentenced to 12 months jail on each of the four criminal counts brought by ASIC, conditionally released upon entering into a two year good behaviour bond.
In handing down his decision, his Honour Judge Wall QC commented on the negative impact Mr Weaverâ€™s conduct had on his clients, remarking that he had acted more in his own interests than those of his clients.
His Honour also commented that while Mr Weaverâ€™s convictions should largely serve as a general deterrent against section 1041E offences (the making of false or misleading statements), that it should also serve as a general deterrent against the new civil penalty provisions (section 961B requirements – to act in the best interests of the client), which now replace section 945A of the Act.
ASIC Deputy Chairman Peter Kell said, â€˜Mr Weaverâ€™s high risk strategy of recommending double gearing strategies to his clients, the majority who were approaching retirement age, was completely at odds withÂ the provision of appropriate financial advice.â€™
In May 2014 Mr Weaver pleaded guilty to three counts of failing to have a reasonable basis for the advice he gave and one count of making a false or misleading statement. He was charged in March 2012 (refer: 12-50AD).
Mr Weaverâ€™s conduct occurred when he was an authorised representative of Enhance Capital Pty Ltd and The Salisbury Group Pty Ltd, between January 2003 and June 2010.
The Commonwealth Director of Public Prosecutions prosecuted this matter.
In May 2011, ASIC banned Mr Weaver from providing financial services for five years.
Discuss the legal issues raised in the above media release. Refer to relevant legislation and/or case law.