Mr Joshua David Fuoco, of Melbourne, Victoria, has been charged with four offences following an ASIC investigation. 

Mr Fuoco was charged with three counts of managing a corporation whilst disqualified and one charge of failing to deliver company records in his possession for Wealth & Risk Management Pty Ltd, in accordance with directions of the liquidator appointed to wind up that company.  

In 2016, ASIC disqualified Mr Fuoco from managing corporations for two years and six months, after two companies, FP Investment Partners Pty Ltd and Equilibrium FS Pty Ltd, were wound up. ASIC alleges that during his period of disqualification, Mr Fuoco continued to manage a company (Financial Circle Pty Ltd) between 21 August 2017 and 5 September 2018. 

After initially being charged on 27 May 2020, Mr Fuoco’s matter was listed for first mention in the Melbourne Magistrates Court on 5 November 2020. On that date, the matter was adjourned to 28 April 2021.   

Mr Fuoco was not required to enter a plea.   

The Commonwealth Director of Public Prosecutions is prosecuting these matters following a referral from ASIC. 

Background 

The charges of acting in the management of corporations whilst disqualified each carry a maximum penalty of one year’s imprisonment and/or 50 penalty units. 

Editor's note:

Following a mention on 28 April 2021, the matter was adjourned for mention to the Melbourne Magistrates' Court on 3 June 2021.

Editor's note 2:

On 3 June 2021, the matter was further adjourned to 18 August 2021.

Editor's note 3:

On 18 August 2021, the matter was further listed for a contest mention on 4 November 2021.

Editor's note 4:

On 4 November 2021, the matter was set down for a five-day contest at the Melbourne Magistrates' Court commencing 2 May 2022.

Editor's note 5:

The five-day hearing set to begin on 2 May 2022 at the Melbourne Magistrates' Court was not able to take place, and has been adjourned to 27 June 2022.

Editor's note 6:

The contest date of 27 June 2022 has been vacated and re-listed for 7 November 2022 in the Melbourne Magistrates' Court.

Editor's note 7:

On 28 October 2022, Mr Fuoco appeared at the Melbourne Magistrates' Court and informed the court he would plead guilty to one rolled-up count of managing a corporation whilst disqualified. The matter was adjourned for a plea hearing in the Melbourne Magistrates Court on 16 February 2023.

Editor's note 8:

On 16 February 2023, Mr Fuoco was convicted of one count of managing a corporation whilst disqualified and fined the sum of $6,000 (refer 23-032MR).