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ASIC Banning Order – No Charges Laid

Bill Doogue

Bill Doogue

This is a real case study by one of our lawyers. The person who is in charge of this area in the firm is Bill Doogue. Bill is a founding Director and Accredited Criminal Law Specialist at Doogue + George, recognised by Doyle's Guide as one of five Preeminent white collar crime lawyers in Australia (2026). He acts in major tax fraud, white collar crime, bribery, corruption, and transnational criminal matters.

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This is a case study on an ASIC banning order at the Administrative Appeals Tribunal, where the banning order was successfully removed after submissions established the conduct did not warrant such a penalty.

What is alleged to have occured?

Our client had been involved in a well meaning but ill-directed behaviour to get back the assets of one of their clients. Both they and their client had thought that money had been stolen from their client and deposited into another person’s superfund. They then engineered to get the money transferred back to their client’s account which was a substantial amount of money.

What happened at court?

In fact, however, was that the money had not been stolen and there were two people with very similar names which had led to the misunderstanding.

ASIC investigated and examined the client at a section 19 compulsory examination. The client was well prepared and articulated his position well.

What was the result?

Given the very unusual factual scenario and our explanation and submissions on the client’s behalf, the client was not subsequently charged with theft.

They were, however, subjected to an ASIC banning order by the Australian Securities and Investments Commission.

DISCLAIMER: This is a real case study of an actual case from our files dated 2017. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 14/10/2024

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