Former financial adviser Brett Andrew Gordon has today appeared before the Maroochydore Magistrates Court charged with 10 counts of fraud to the total value of $975,600, following an ASIC investigation.
Mr Gordon, of the Sunshine Coast, Queensland, was the director of Refocus Financial Group Pty Ltd (Refocus) and Diverse Capital Management Pty Ltd (Diverse).
ASIC alleges that, between 2015 and 2017, Mr Gordon dishonestly caused a detriment to the trustees of six self-managed superannuation funds (SMSFs) by withdrawing a total of $502,000 from the SMSF bank accounts without authorisation. The trustees of these SMSFs were Mr Gordon’s clients.
ASIC further alleges that, between 2016 and 2018, Mr Gordon dishonestly paid $473,600 in personal debts and expenses, as well as Refocus business expenses, from funds belonging to Diverse. Those funds had been invested by SMSF clients for the purpose of participating in property development activities to generate a return.
The matter has been adjourned to 25 September 2020 for further mention in the Maroochydore Magistrates Court.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions following a referral from ASIC.
Background
In July 2018, the Supreme Court of Queensland made orders by consent, on the application of ASIC, winding up Refocus and restraining Mr Gordon from carrying on a financial services business without holding an Australian Financial Services (AFS) licence or being an authorised representative of an AFS licensee (18-199MR).
Editor's note:
On 25 September 2020, the matter was adjourned to 27 November 2020 for further mention.
Editor's note 2:
On 27 November 2020, the matter was adjourned to 22 January 2021 for further mention.
Editor's note 3:
On 11 January 2021, Mr Gordon was committed to stand trial in the Maroochydore District Court, on a date to be fixed. The mention listed for 22 January 2021 has been vacated.
Editor's note 4:
Following an indictment presentation on 9 July 2021 in the Brisbane District Court, the matter was adjourned to 6 August 2021 for further mention in the Maroochydore District Court.
Editor's note 5:
On 6 August 2021, the matter was adjourned to 22 September 2021 for further mention.
Editor's note 6:
On 22 September 2021, the matter was adjourned to 24 November 2021 for further mention.
Editor's note 7:
On 24 November 2021, the matter was adjourned to 2 February 2022 for further mention.
Editor's note 8:
On 2 February 2022, the matter was adjourned to 6 April 2022 for further mention.
Editor's note 9:
On 29 March 2022, the matter was adjourned to 19 April 2022 for further mention at the Maroochydore District Court.
Editor's note 10:
The matter will no longer be mentioned on 19 April 2022 and will instead be mentioned on 8 June 2022 at the Maroochydore District Court.
Editor's note 11:
On 8 June 2022, the matter was adjourned to 27 July 2022 for further mention.
Editor's note 12:
On 27 July 2022, the matter was adjourned to 5 October 2022 for further mention.
Editor's note 13:
On 5 October 2022, the matter was adjourned to 7 December 2022 for further mention.
Editor's note 14:
On 7 December 2022, the matter was adjourned to 1 February 2023 for further mention.
Editor's note 15:
At the mention on 1 February 2023, the matter was adjourned to 24 April 2023 for sentence in the Maroochydore District Court.