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ASIC's peer review panel bans two Macquarie advisers

19 September 2018 4:48PM
One of the first cases to be decided with the assistance of ASIC's new Financial Services and Credit Panel has seen two former Macquarie Equities wealth management advisers banned from providing financial services for 10 years. These bannings are part of ASIC's Wealth Management Project, established in October 2014 to lift the standards of the largest financial advice firms: NAB, Westpac, CBA, ANZ, Macquarie and AMP. The panel found that Mark Alexander Landau and Marcus Roderick Campbell had both engaged in conduct that was "deliberate and dishonest and involved continued, knowing and wilful contraventions of the law", while employed in the Adelaide office of Macquarie Equities Limited between November 2007 and June 2017, according to an ASIC media release.Landau was employed as an authorised representative and senior wealth adviser; Campbell was employed as an authorised representative and executive investment adviser.Specifically, the panel found that they had: •    falsified the content of client email exchanges to mislead or deceive Macquarie's compliance team into believing that general advice or execution-only instructions had been given by them, and not personal advice, which would have required both correct authorisation and more extensive record-keeping;•    arranged for the false emails to be saved into Macquarie's customer relationship management system, Xplan; and•    created false order management system transaction records to reflect these emails.A timeline for the case, provided by ASIC, shows it has further to run:Landau's actions occurred between January 2014 and January 2017; and Campbell contraventions took place between August 2015 and March 2017. On 14 August 2018, Landau and Campbell filed applications in the Administrative Appeals Tribunal for a review of the banning orders made by the Panel. They also applied for a stay of the banning orders pending the determination of the review applications in the AAT.On 10 September 2018, the applications for a stay of the banning orders were dismissed by the AAT. The hearing for the substantive appeals is listed for 26 November 2018.Meanwhile, the details of the banned advisers will appear on ASIC's Banned and Disqualified Persons Register and be reflected on ASIC's Financial Advisers Register - assuming the AAT does not overturn the FSCP's findings and consequently lift the bans. So far, this project has resulted in 50 advisers and one director being banned from the financial services industry.The FSCP was set up in late 2017 by the outgoing ASIC chairman Greg Medcraft. It comprises a pool of experienced industry participants that ASIC can draw upon to form individual sitting panels. Each of the panels operate alongside ASIC's administrative decision-making processes for retail financial services and credit activities, with two members from the FSCP and one ASIC staff member. This is intended to provide an element of peer review in cases of significance, complexity or novelty, and where it's likely a banning order will be made.The first administrative banning decision made by a Panel was against financial adviser Graeme Ashley Cowper, after an ASIC investigation found he was not adequately trained or competent to provide financial services. The panel's decision

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