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

Figure 1: Summary of enforcement outcomes (1 January to 30 June 2024)

Criminal prosecutions

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CDPP criminal prosecutions:

3 individuals charged by the CDPP in criminal proceedings

22 criminal charges laid by the CDPP

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CDPP criminal prosecutions:

6 custodial sentences, including fully suspended sentences (4 people imprisoned)

3 non-custodial sentences

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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

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$32.2m in civil penalties imposed by the courts

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12 civil proceedings commenced

Bannings

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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

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13 infringement notices issued

$5.5m in infringement notice penalties issued

7 court enforceable undertaking accepted

Investigations

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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
Last updated: 09/09/2024 12:52