Former property developer sentenced after dishonest conduct

Former director Mudasir Mohammed Naseeruddin has been sentenced to a complete jail sentence of 4 years and 4 months for dishonest conduct and different prices, in response to ASIC.

He’ll serve a non-parole interval of two years and 9 months.

ASIC stated that Naseeruddin inspired buyers to rollover their superannuation monies into newly created self-managed superannuation funds (SMSF) and to lend these funds to his two corporations, Safe Investments Pty Ltd and Aquila Group Pty Ltd. Naseeruddin was a director of each corporations.

Between Might 13, 2015, and January 6, 2020, Naseeruddin dishonestly obtained greater than $520,000 from six buyers, together with three First Nations buyers from rural New South Wales.

Naseeruddin instructed the victims that the funds can be invested in property developments. Nonetheless, solely a small portion of their funds have been invested this manner.

Between July 14, 2016, and December 23, 2019, Naseeruddin additionally dishonestly used his place as a director of Safe Investments Pty Ltd to withdraw over $550,000 from the corporate to buy shares in a safety firm for his personal profit.

ASIC deputy chair Sarah Courtroom (pictured above) stated buyers have been inspired to arrange SMSFs so they may entry their retirement funds to put money into these property corporations.

“Sadly, these buyers have been taken benefit of and their funds have been used dishonestly,” Courtroom stated.

Courtroom stated ASIC has been devoted to this case for a while, freezing the belongings of Naseeruddin’s corporations in 2019 and acquiring orders to wind up the businesses in 2020.

“Right this moment’s legal final result sends a robust message that dishonest conduct by administrators might be investigated and prosecuted.”

In handing down her determination, Decide Todd known as Naseeruddin’s conduct “egregious and unacceptable”.

Todd stated Naseeruddin “exploited relationships of belief” and famous that the impact of his conduct on victims was “nothing in need of ruinous”.

Naseeruddin’s pleas of responsible have been taken into consideration in sentencing, amongst different components equivalent to his youth and naivety on the time of offending, and good prospects of rehabilitation.

This matter was prosecuted by the Commonwealth Director of Public Prosecutions following an investigation and referral by ASIC.

Background

ASIC reminded First Nations shoppers to avoid anybody who says they might help you get entry to your superannuation, it could be a rip-off.

“Contact ASIC’s Indigenous Helpline on 1300 365 957 in case you are involved about anybody trying to take action. You may get extra data on the way to take care of your superannuation at Moneysmart,” ASIC stated.

In December 2020, Naseeruddin was arrested and charged with dishonest conduct and misuse of his place as a director (20-310MR).

The arrest got here after ASIC took civil motion to acquire interim orders to protect the belongings of Mr Naseeruddin’s corporations, Safe Investments Pty Ltd and Aquila Group Pty Ltd (20-108MR).

In October 2020, ASIC obtained orders to wind up Mr Naseeruddin’s corporations and declarations that Mr Naseeruddin had operated a monetary providers enterprise with out the suitable licence (20-257MR).