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Australia
The Brite Advisors court case, led by the Australian Securities and Investments Commission (ASIC), involves regulatory action against Brite Advisors Pty Ltd.
ASIC took legal action against Brite Advisors due to significant concerns, including an unexplained variance of USD $69 million in client funds. In response to these concerns, the Court appointed Linda Smith and Robert Kirman of McGrathNicol as corporate receivers and managers of Brite Advisors. Their task is to conduct detailed investigations into the company and its management practices, particularly regarding approximately AUD$1 billion in client pension funds.
Concerns raised by ASIC and the Court include the significant variance in client funds that Brite Advisors has not adequately explained. Broader concerns about the management practices of Brite Advisors have prompted the need for a thorough investigation. ASIC’s investigation into Brite Advisors is ongoing, and the regulatory body is actively overseeing the receivership and the broader investigation into the company’s activities.
United States
Brite USA, managing nearly $400 million in client assets, violated the Custody Rule by failing to fulfill an annual report requirement. Violations encompass Brite Australia borrowing millions using Brite USA’s client assets as collateral, breaching fiduciary duty by not disclosing conflicts of interest and risks.
Ongoing issues involve slow client asset transfers, delays in regulatory filings, and dependence on Brite Group Parent’s cash infusions. The Commission aims to permanently enjoin Brite USA, impose civil money penalties, and secure additional just relief.
Brite Advisors is currently being investigated in Australia and the USA related to Brite Advisors’ management of client funds.
Investigations are ongoing by the Australian Securities and Investments Commission (ASIC) and The Securities and Exchange Commission (SEC).
The ASIC has taken steps to protect client assets by securing asset preservation orders against Brite Advisors. While these orders restrain Brite Advisors, the Court has allowed the appointed receivers to continue the operations of Brite Advisors. This ensures ongoing protection for client assets while investigations proceed.
The corporate receivers, Linda Smith and Robert Kirman, are assigned the task of conducting further investigations into Brite Advisors, including the management of client pension funds totaling approximately AUD$1 billion.
The receivers are required to provide a comprehensive report to the Court and ASIC within 42 days. A court hearing is scheduled in Australia for February 6th.
The ASIC is publishing updates at https://asic.gov.au/about-asic/news-centre/key-matters/brite-advisors/
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