ASIC has permanently banned Mr Mark Travis Goldenberg from engaging in any credit activities and from performing any function involved in the engaging in of credit activities (including as an officer (within the meaning of the Corporations Act 2001), manager, employee, contractor or in some other capacity).
Mr Goldenberg was the Chief Operating Officer, General Manager, Property Analyst and sole shareholder of Superfunded Pty Ltd (Superfunded).
Superfunded operated an illegal early access to superannuation scheme in Perth, enabling people to use their superannuation savings to buy a home.
Mr Goldenberg and Superfunded engaged in credit activities but neither he, nor Superfunded, held an Australian credit licence, or were authorised credit representatives of an Australian credit licensee.
ASIC found that Mr Goldenberg contravened credit legislation and had been involved in a contravention of credit legislation. ASIC also found that it has reason to believe that Mr Goldenberg is not a fit and proper person to engage in credit activities as he does not possess the attributes necessary for engaging in credit activities.
As a result of Mr Goldenberg’s conduct and ASIC’s finding that it has reason to believe that Mr Goldenberg is not a fit and proper person to engage in credit activities, ASIC determined that Mr Goldenberg is likely to contravene credit legislation.
The banning order for Mr Goldenberg has been recorded on ASIC’s publicly available Banned and Disqualified Persons Register.
Mr Goldenberg has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC’s decision.
Background
The banning of Mr Mark Goldenberg follows an ASIC investigation into Superfunded.
Further ASIC action includes an application to the Federal Court, resulting in the winding up and appointment of a Liquidator to Superfunded on 12 March 2018 (18-054MR, 18-068MR).
ASIC had previously obtained a range of interim injunctions in the Perth Federal Court on 9 November 2017 (17-400MR) against Superfunded, Mr Mark Goldenberg and Mr Max David Goldenberg, the sole director of Superfunded.
ASIC banned Mr Max Goldenberg from providing financial services and engaging in credit activities for a period of eight years on 8 August 2019 (19-219MR).
Mr Mark Goldenberg was permanently banned from providing financial services in May 2009 (09-090AD).