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ASIC bans former Westpac adviser - 2018

The corporate regulator has handed down a permanent ban to a former Westpac adviser over money he obtained from an elderly person unethically.

Muneer Mahmood Khan, who does not appear on the financial adviser register but whom ASIC described as a senior financial planner with Westpac, received a permanent ban after the regulator found him to be “not of good fame or character”.

Between April and December 2012, Mr Khan (also known as Ivan Khan) obtained $185,000 from an elderly person who had been a client while Mr Khan had been employed as an adviser with the bank, and failed to disclose that he was no longer a Westpac employee at the time.

“Mr Khan maintained that $125,000 was loaned to him to fund his development of a financial planning business and that the balance had been a gift from the client,” ASIC said in a statement.

“However, Mr Khan failed to ensure that his client obtained independent advice in relation to advancing funds to him; the funds were largely spent on personal expenses; and none of the funds were used to establish a business.”

The regulator found that Mr Khan’s request for money in advance was unethical, regardless of whether it was a gift or a loan.

“Mr Khan's client was a person in vulnerable circumstances, who was left in a financially perilous position because of Mr Khan's actions, which were opportunistic and egregious,” the statement said.

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“Additionally, despite repeated requests by his client for repayment, and Mr Khan's ability to return part of the funds that he had obtained, Mr Khan only repaid $10,270 to his client.

“Westpac has engaged with the customer about remediation.”