Former financial adviser, Mr Ezzat-Daniel Nesseim, of Gordon NSW, has pleaded guilty to five criminal offences at the Downing Centre Local Court.

Mr Nesseim previously ran the financial services business, Smart Financial Strategies and has pleaded guilty to:

• dishonestly providing three backdated wholesale client certificates to ASIC in an attempt to persuade ASIC to cease or modify its inquiries;
• giving false answers and information to ASIC, both under oath and in response to statutory notices, after questions were raised about these certificates;
• making use of evidence he knew was fabricated, including doctored emails attached to his written statement and purported witness statements from individuals, in a hearing before an ASIC delegate; and
• giving false testimony in a hearing before an ASIC delegate.

Mr Nessiem has been granted conditional bail and has been committed to the Sydney District Court for sentence.

The matter has been adjourned to the Sydney District Court for mention on 10 December 2021.  

The Commonwealth Director of Public Prosecutions is prosecuting this matter following a referral by ASIC.

Background

The offences carry penalties of up to 10 years imprisonment.

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

Mr Nesseim is currently the General Manager of Accord Partners, a business operated by Foresight Enterprises Pty Ltd, of which Mr Nesseim is the sole director.

Editor's note:

On 10 December 2021, the matter was mentioned in the District Court of New South Wales. The matter was adjourned until 16 December 2021.

Editor's note 2:

The matter was mentioned in the District Court on 16 December 2021. The matter was set down for sentence on 1 April 2022.

Editor's note 3:

On 1 April 2022, sentencing in this matter was reserved until 22 April 2022.

Editor's note 4:

The sentencing hearing was adjourned until 13 May 2022.