Former financial adviser, Mr Ezzat-Daniel Nesseim, of Gordon NSW, has been charged with sixteen offences, including dishonest conduct, fabricating evidence and providing false information to ASIC. 

Mr Nesseim appeared in the Downing Centre Local Court in Sydney on 2 March, 2021 to face the charges.

Mr Nesseim previously ran the financial services business Smart Financial Strategies.

ASIC alleges Mr Nesseim:

• provided three wholesale client certificates to ASIC which were backdated in the hope they would be accepted by ASIC as genuine and cause ASIC to cease or modify its inquiries;
• in response to questions raised regarding these certificates, gave false answers and information to ASIC under oath; and
• affirmed that a written statement provided to ASIC was true, when it contained statements Mr Nesseim knew to be false.

ASIC also alleges, during a hearing before an ASIC Delegate to ban Mr Nesseim from providing financial advice, Mr Nesseim:

• made use of evidence which he had fabricated, including doctored emails attached to his written statement, and purported witness statements from individuals; and
• gave false answers and information under oath.

The case returns to Court on 20 April 2021 for mention.

The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.

Background

Mr Nesseim was permanently banned from providing financial services on 12 March 2018 (18-142MR).

In addition, Mr Nesseim was also permanently banned from engaging in credit activities from 19 July 2019 as he was found not to be a fit and proper person to engage in credit activities.

Editor's note:

On 20 April 2021, the matter was adjourned until 15 June 2021.

Editor's note 2:

On 15 June 2021, the matter was mentioned in the Downing Centre Local Court. On this occasion, charges 11 to 14 were withdrawn by the CDPP, with the matter to return to Court on 29 June 2021.

Editor's note 3:

On 29 June 2021, the matter was mentioned in the Downing Centre Local Court. On this occasion, the CDPP certified 12 original charges against Mr Nesseim, as well as laying and certifying an additional four charges. The matter will return to Court on 24 August 2021.

Editor's note 4:

On 24 August 2021, the matter was mentioned in the Downing Centre Local Court and was adjourned until 14 September 2021.

Editor's note 5:

On 14 September 2021, the matter was mentioned in the Downing Centre Local Court and was adjourned until 5 October 2021.

Editor's note 6:

On 5 October 2021, the matter was adjourned for further mention until 26 October 2021.

Editor's note 7:

On 26 October 2021, the matter was adjourned for mention until 9 November 2021.

Editor's note 8:

On 9 November 2021, the matter was adjourned until 16 November 2021.

Editor's note 9:

Mr Nesseim pleaded guilty to five criminal offences in November 2021. The matter has been set down for sentence on 1 April 2022.