Former financial adviser John Wertheimer was convicted and sentenced in the Perth District Court for one count of providing a financial service on behalf of a person who carries on a financial services business while unauthorised to do so, and one count for engaging in dishonest conduct in relation to a financial service.
The sentencing, which took place on 31 January, saw Mr Wertheimer receive a punishment of 18 months’ imprisonment, to be released forthwith after entering into a recognisance release order in the amount of $5,000 to be of good behaviour for 18 months. Mr Wertheimer was also fined $5,000 for each of the two offences.
According to an Australian Securities and Investments Commission statement, between 1 May 2020 and 21 May 2020, Mr Wertheimer made 48 unauthorised transactions on the trading accounts of clients using the Netwealth online trading platform.
Moreover, between 29 May 2020 and 22 July 2020, Mr Wertheimer also lodged five hard copy investment instruction documents with Netwealth, which contained forged signatures, purporting to relay instructions to deal with financial products on behalf of clients.
As a result of his conviction, Mr Wertheimer is also automatically disqualified from being a company director for five years.
In sentencing Mr Wertheimer, her Honour Judge Gillan noted the persistent nature of Mr Wertheimer’s conduct and the importance of general deterrence for offences of this nature.
Mitigating factors including Mr Wertheimer’s cooperation, early guilty pleas, and the fact that Mr Wertheimer did not personally benefit from the transactions were also taken into account by Judge Gillan when handing down the sentence.
Mr Wertheimer had previously pleaded guilty to the two charges on 16 September 2022.
It was not prison – that’s just sensationalism. It was an 18 month good behaviour bond, with two fines – total $15,000 but the bond of $5k is only payable if he breaks it.
Far worse crimes were discovered and committed by banks, IOOF, AMP etc in the Banking Royal Commission, where those organisations certainly DID benefit. Did anyone from those organisations go to prison, or even get a good behaviour bond? That’s ASIC’s justice…the small fry are the easiest to catch and punish. Time not just for financial reforms, but some serious corporate and criminal law reform too. Until then, the scales of justice as they apply to financial services, will always be weighed against Financial Advisers.
Geez, how did he still have access as an adviser? oversight by his AFSL or Netwealth? terrible behaviour.
How much jail time was given to execs in Royal Commission??