Summary of enforcement outcomes: January to June 2024
This page provides an overview on ASIC’s enforcement actions in a particular six-monthly period. The data below reflects the period 1 January to 30 June 2024.
Contents:
- Summary of enforcement outcomes
- Financial services enforcement outcomes
- Markets enforcement outcomes
- Corporate governance enforcement outcomes
- Small business enforcement outcomes
Summary of enforcement outcomes
Figure 1: Summary of enforcement outcomes (1 January to 30 June 2024)
Criminal prosecutions
CDPP criminal prosecutions:
3 individuals charged by the CDPP in criminal proceedings
22 criminal charges laid by the CDPP
CDPP criminal prosecutions:
6 custodial sentences, including fully suspended sentences (4 people imprisoned)
3 non-custodial sentences
Internal summary prosecutions:
82 individuals charged with strict liability offences in summary prosecutions
161 criminal charges laid in summary prosecutions for strict liability offences
Civil prosecutions
$32.2m in civil penalties imposed by the courts
12 civil proceedings commenced
Bannings
45 individuals removed or restricted from providing financial services or credit
19 individuals disqualified or removed from directing companies
Infringement notices and court enforceable undertakings
13 infringement notices issued
$5.5m in infringement notice penalties issued
7 court enforceable undertaking accepted
Investigations
63 investigations commenced
140 investigations ongoing
Note: Figure 1 summarises all enforcement outcomes recorded between 1 January and 30 June 2024, including those that have not been reported in public announcements. For example, outcomes arising from summary prosecutions for strict liability offences are not generally announced in ASIC media releases.
Financial services enforcement outcomes
Table 1: Financial services enforcement outcomes (number of respondents by misconduct and remedy type)
Misconduct type | Criminal | Civil | Administrative | Total |
Credit misconduct | 1 | 1 | 2 | 4 |
Financial advice misconduct | - | 2 | 31 | 33 |
Insurance misconduct | - | - | - | - |
Investment management misconduct | 1 | 5 | 8 | 14 |
Superannuation misconduct | - | 1 | - | 1 |
Other financial services misconduct | - | - | 2 | 2 |
Total | 2 | 9 | 43 | 54 |
Table 2: Financial services enforcement litigation in progress (number of matters as at 1 July 2024)
Misconduct type | Criminal | Civil | Total |
Credit misconduct | 5 | 17 | 22 |
Financial advice misconduct | 8 | 10 | 18 |
Insurance misconduct | 2 | 5 | 7 |
Investment management misconduct | 12 | 8 | 20 |
Superannuation misconduct | 5 | 6 | 11 |
Other financial services misconduct | 2 | 5 | 7 |
Total | 34 | 51 | 85 |
Markets enforcement outcomes
Table 3: Markets enforcement outcomes (number of respondents by misconduct and remedy type)
Misconduct type | Criminal | Civil | Administrative | Total |
Continuous disclosure | - | 2 | - | 2 |
Insider trading | 1 | 1 | - | 2 |
Market manipulation | 1 | 2 | 2 | 5 |
Other market misconduct | 2 | 2 | 7 | 11 |
Total | 4 | 7 | 9 | 20 |
Table 4: Markets enforcement litigation in progress (number of matters as at 1 July 2024)
Misconduct type | Criminal | Civil | Total |
Continuous disclosure | - | 5 | 5 |
Emerging misconduct (cyber, crypto) | - | 2 | 2 |
Insider trading | 6 | - | 6 |
Market manipulation | - | - | - |
Other market misconduct | 3 | 4 | 7 |
Total | 9 | 11 | 20 |
Corporate governance enforcement outcomes
Table 5: Corporate governance enforcement outcomes (number of respondents by misconduct and remedy type)
Misconduct type | Criminal | Civil | Administrative | Total |
Auditor misconduct | - | - | 18 | 18 |
Liquidator misconduct | - | - | - | - |
Directors' duties and governance failures | 2 | - | 19 | 21 |
Other corporate governance misconduct | 1 | - | - | 1 |
Total | 3 | - | 37 | 40 |
Table 6: Corporate governance enforcement litigation in progress (number of matters as at 1 July 2024)
Misconduct type | Criminal | Civil | Total |
Auditor misconduct | 3 | 1 | 4 |
Directors' duties and governance failures | 24 | 5 | 29 |
Illegal Phoenix | 3 | - | 3 |
Other corporate governance misconduct | 5 | 1 | 6 |
Total | 35 | 7 | 42 |
Small business enforcement outcomes
Table 7: Small business enforcement outcomes (number of respondents by misconduct and remedy type)
Misconduct type | Criminal | Administrative | Total |
---|---|---|---|
Action against persons or companies | 82 | 11 | 93 |
Total | 82 | 11 | 93 |
Table 8: Small business criminal prosecutions in progress (number of matters by misconduct and remedy type) (number of matters as at 1 July 2024)
Misconduct type | Criminal | Total |
---|---|---|
Action against persons or companies | 135 | 135 |
Total | 135 | 135 |