Australian Securities and Investments Commission

Request For Access To Two Documents Referred To In Paragraph [50] Of The Decision Of Sweeney J In R V Iervasi (sentence) [2024] NSWSC 1116: 50 In December 2014 The Offender Received A Letter From…

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Request For Access To Two Documents Referred To In Paragraph [50] Of The Decision Of Sweeney J In R V Iervasi (sentence) [2024] NSWSC 1116: 50 In December 2014 The Offender Received A Letter From ASIC Advising Him Of Its Concern That Courtenay Trading Was Carrying On A Financial Services Business Without Holding A Licence. In March 2015 ASIC Sent A Second Letter To The Offender About The Same Issue.

FOI 055-2025 Released 3 pages ZIP archive

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ASIC's March 2015 letter to Tony Iervasi concerns Courtenay House Capital Trading Group's unlicensed operation of a foreign exchange trading business. Based on website advertisements claiming to provide consistent monthly returns and facilitate forex and futures trading, ASIC identified potential contraventions of section 911A of the Corporations Act 2001, which requires entities providing financial services to hold an Australian Financial Services Licence (AFSL). ASIC's database search confirmed Iervasi held no AFSL and was not an authorised representative. The letter follows an initial December 2014 warning and sets out the legislative framework establishing that foreign exchange contracts constitute financial products and that providing advice or dealing in such products without licensure constitutes an offence. The disclosure does not indicate enforcement outcomes or penalties at this stage.

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