BFCSA Blog

Led by award-winning consumer advocate Denise Brailey, BFCSA (Inc) are a group of people who are concerned about the appalling growth of Loan Fraud around the world. BFCSA (Inc) is a not for profit organisation in the spirit of global community concern and justice.

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So the IMF believes that ASIC needs more money?  It has received over $4 Billion during the past decade to run the biggest monolith of uselessness this country has ever had the experience to tolerate. I have road tested ASIC at Chairman level for the past 14 years.  Trust me, not ASIC, that ASIC officers have known of toxic lending for the past 2 decades including under the current regime and under the old ASC. What ASIC needs is a change in attitude and an extermination of old school buyer beware thinking.  Laws are in place that extinguished buyer beware ideology decades ago.  We have Consumer Protection laws.  ASIC decriminalized that which parliament legislated against criminal activity.   One of our older journalists pointed this out a decade ago, and another in 1996.    ASIC continued to be empowered by law to take action against fraudsters, misleading and deceptive conduct but still only prosecuted around 10 - 20 people a year for minor misdemeanors (eg $60,000 missing from trust account.)  Their Chairmen adopted disclosure policy:...
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  • doyla66
    doyla66 says #
    Great post, Denise, and so true. Loss of trust. Relative silence on both sides of the house with masses of political capital going
  • doyla66
    doyla66 says #
    ASIC has been totally corrupted by the banks. The head of ASIC is an ex-banker himself! The Mafia bosses themselves could take les
  • doyla66
    doyla66 says #
    Still smiling at your post Wayne. What's ours? Bankster . . . . .
  • doyla66
    doyla66 says #
    Mountains of evidence & advice on Evil Bankster practices.....all ignored....or shredded!! See post: History Repeats ---- APRA, AS
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Posted by on in Corrupt Regulators
THE corporate watchdog needs more funding to properly supervise financial advisers and markets, catch criminals and prevent market meltdowns, according to the International Monetary Fund. Read more: http://www.theage.com.au/business/asic-needs-more-funding-says-imf-20121122-29suo.html#ixzz2D0K7Ni96   editor:  What ASIC needs is a change in attitude and an extermination of old school buyer beware thinking...
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  • doyla66
    doyla66 says #
    How do they justify that? I'm pretty sure ASIC along with almost all other federal agencies actually share the IT expenses. There
  • doyla66
    doyla66 says #
    Sounds like they need us, Lindy, to teach them how to manage their resources better - and tell the truth in their accountability r
  • doyla66
    doyla66 says #
    Before adding more money to a system that is inefficient, ineffective and just not fulfilling its Charter nor community expectati
  • doyla66
    doyla66 says #
    So ASIC spent over $23 million dollars on office,computer software, yet only $15 million on legal costs? Isn't there something wr
  • doyla66
    doyla66 says #
    Was other letters to BFCSA members from ASIC from only the ASIC Stakeholders service too? Because all my correspondence has been w
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The Australian Securities and Investments Commission (ASIC) has announced that two Sydney finance broking companies and their owner who were found to have engaged in unconscionable conduct have discontinued their appeal to the full Federal Court of Australia and have been ordered to pay ASIC's costs.    The appeal arose from proceedings which ASIC commenced in relation to five clients of Australian Lending Centre Pty Ltd and Sydney Lending Centre Pty Ltd, owned and controlled by Christopher John Riotto, relating to conduct that occurred between 2005 and 2008, prior to the introduction of the current consumer credit laws which ASIC now regulates.    ASIC and Australian Lending Centre have also agreed to impose a condition on Australian Lending Centre's Australian credit licence for the appointment of an independent compliance expert to conduct reviews of Australian Lending Centre's business (including reviews of client files) and to regularly report to ASIC on its...
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  • doyla66
    doyla66 says #
    interesting but Christoper Riotto was once the NSW President of finance brokers Association Australia FBAA
  • doyla66
    doyla66 says #
    ASIC are legendary around the world for being unable to track a bleeding elephant through snow. The result is that is anyone else
  • doyla66
    doyla66 says #
    Not one of them is brought to account by our 'watch puppy'. I wonder if those brokers would be prepared to release their mountain
  • doyla66
    doyla66 says #
    I have found many lawyers don’t know what to do in court and what to refer to. They have no idea of the law in this area in my opi
  • Denise
    Denise says #
    The Riotto case proves that ASIC is unwilling to use its powers to look at the role of the Banksters and how and why the loans wer
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--14 Nov, 2012: ASIC is undertaking "limited surveillance" of financial advisers and accountants over concerns that property spruikers are encouraging investors to set up self-managed super funds purely as vehicles for "dodgy"  property investments,--"it will be a target for fraudsters". Forever "researching", ASIC hopes to release research into this aspect of SMSF investing in 2013.   Dale Gillham commented 1 hour ago What is the old saying? Same S... Different Day. Regardless of the vehicle property spruikers are still doing the same thing they did last year, last decade and probably and the decade before.  For the biggest single investment a person will generally make, I find it hard to understand why there is such a lack of proper accountability and regulation within the property industry as a whole. In my opinion the whole building and property marketing/sales industry needs Government to give it a very clean sweep with a view to dramatically increasing protection for consumers.  Dale Gillham:~...
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  • doyla66
    doyla66 says #
    I agree with Dale. Property industry and real estate would both benefit from a real going through. This is why they have dodgy rep
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Posted by on in Corrupt Regulators
(STM: This has got to be the biggest load of rubbish I have read in ages.  Please refer to bolded bits and stop and think for a sec.)  Hmmmm  Thanks to Jane for this article.   Watchdog has a ringside seat, says NAB by Jane Harper   The banking watchdog is keeping a close eye on lenders to ensure loan standards are not being compromised, according to NAB finance director, Mark Joiner.   Mr Joiner said APRA was "very vigilant" in checking the banks were maintaining high standards.   His comments come after the Reserve Bank this week warned banks not to relax their lending criteria as they battled for market share.   "NAB has been growing quite strongly in mortgages and APRA shows up quite often to check we are not taking on the unloved and unwashed in our portfolio, " Mr Joiner said.  " (STM: What? Unloved? Unwashed? What?)  ...
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  • doyla66
    doyla66 says #
    APRA, ASIC, NAB and others: expect a borrower backlash and a voter rebellion over your cavalier attitude to consumer rights.
  • doyla66
    doyla66 says #
    What he's really saying is : "We can charge you what we like & there is nothing you can do about it!"
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''It looks bad --when ASIC issues an unusual exemption in the early days of the company's administration, the company subsequently loses its financial records and then releases an annual financial report that is not true and fair and not in accordance with accounting standards,''  "While there might be no mischief in the ASIC chairman acquiring an asset from a listed company in financial distress, the deal raised issues about independence, said Jeffrey Knapp, a University of NSW accounting academic.   ASIC boss in 'secret' winery buy:~ Date[March 31, 2011] Read later   Scott Rochfort, Michael West Social Investment News Blog.csi.edu.au     The D'Aloisio winery mystery ASIC chairman Tony D'Aloisio's denies a conflict of interest in purchasing the Oakridge winery from a company in financial distress. Ian Verrender reports. Autoplay ONOFF Video feedback Video settings CORPORATE regulator Tony D'Aloisio bought a Yarra Valley winery from a distressed public company seven months after his appointment...
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  • doyla66
    doyla66 says #
    LURKS AND PERKS OF THE GAME - JOBS FOR THE BOYS - CRONYISM ROYAL COMMISSION INTO BANKING - WIDE TERMS OF REFERENCE
  • doyla66
    doyla66 says #
    There is an old but wise saying : "If it looks like $#!t, if it smells like $#!t, then chances are it probably is $#!t ! Oh my God
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......... once you start down the dark path of greed & blindness,.......forever will it dominate your destiny, .......consume you it will..... THE banking watchdog APRA warned National Australia Bank (NAB.AX) it had "failed'' to properly assess the risk attached to US subprime housing investments during the financial crisis, the Supreme Court has heard. Internal emails from the bank reveal the regulator repeatedly warned of its concerns months before NAB set aside about $1 billion to cover losses on the investments. NAB (NAB.AX) revealed in July 2008 it was making a total $1.1 billion provision for losses on the investments - far more than an earlier provision - triggering a dramatic slide in the bank's share price. The emails emerged yesterday in an affidavit to the Victorian Supreme Court by law firm Maurice Blackburn, which is leading a class action against NAB by investors. They claim the bank did not properly disclose...
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  • doyla66
    doyla66 says #
    Which Federal legislation prevents APRA revealing important information to an Australian Court? Whose side are APRA on? CORRUPTI
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Dawn is on her soap box again this morning !  This is a snippet of my 46 page response to the FOS 35 page recommendation which was a farcical work of fiction.  My blood was boiling writing the response.  I had expected the task to be difficult believing that the report would be professionally and even legally written.  I was shocked by the unprofessional ramblings of the Case Manager.  This is just a snippet from the closing paragraphs of my rant to the FOS Executives.  Immunity I can think of no other organisation that would demonstrate such blatant disregard for indisputable mathematical and documented evidence to uphold a biased and illogical stance to benefit the recalcitrant party.  Most law abiding professionals, other than defence lawyers would fear reprisal from a higher level if any negative consequences arose from their blatant and biased decisions.  The report associated with our case is so...
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  • doyla66
    doyla66 says #
    There are many of us that feel in light of the fact that a judicial review of decisions by FOS cannot be pursued then bias can go
  • doyla66
    doyla66 says #
    It is difficult to understand why the FOS approaches cases so vastly different to how they depict via their website and brochures.
  • doyla66
    doyla66 says #
    Keep up the good work Dawn. We had around 5 or 6 different case managers. One, a junior lawyer, was totally incompetent & blatantl
  • doyla66
    doyla66 says #
    FOS good news: FOS legal counsel confirms in writing: CBA DID engage in MALADMINISTRATION & RECOMMENDS PROSECUTING CBA. FOS BAD ne
  • doyla66
    doyla66 says #
    Hi Dawn, ask for your case to be assessed by a senior case manager. My case manager even suggested that my file be moved to the n
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Here is one of many comments we receive re COSL:  After Road Testing 2 years we are still waiting on favorable outcome for consumers.   From one of our Members: "As for COSL, I'm not sure just what it is they are supposed to do other than try and negotiate some sort of settlement between the parties and you're not allowed to discuss anything with anybody else about the conclusions that they come to - nobody seems to know exactly how they reach the conclusions they do - it doesn't make any sense and nobody you speak to has a good word to say about them - totally ineffective.  I was advised to take the matter out of COSL's hands if I wanted to get any satisfaction this side of the year 3000.  The general consensus seems to be that they are a complete waste of time and receive their funds from the...
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  • doyla66
    doyla66 says #
    That is the only way to get some sense into that place. Perhaps a good shower of deildrin will do the trick? Old Plucka used to us
  • doyla66
    doyla66 says #
    COSL out of their depth with Australian lenders, mortgage fraud, aggressive and tricky lender tactics as non-bank lenders use ever
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Notice this gem is from The Australian 8th November 2011.  Problem is we now know that ASIC IS THE BAD APPLE IN THE BARREL ASIC a responsible entity for sorting the bad apples BY:ANDREW MAIN  From:The Australian  November 08, 2011 12:00AM   INFLATION does some scary things, none more scary than what it can do to 10-year-old laws. Did you realise that, before today, to set up business as a Responsible Entity, the equivalent of a trustee, you needed to have financial backing of only $50,000? There are fruit stalls with more financial clout. So it's good that regulator ASIC has now tripled that to $150,000, with a couple of other hurdles such as 0.5 per cent of the average value of the scheme, capped at $5 million, or 10 per cent of the average R/E revenue. But, as Ross Ellis, executive director of the Trustee Corporations of Australia, put it in a...
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  • doyla66
    doyla66 says #
    How does an 'RE' carry out cross-border "fruit fly" inspections when the fruit species fell from the poison tree of "ASIC".
  • doyla66
    doyla66 says #
    How can ASIC be so incompetent and get away with it? Who is responsible? Do Australian consumers have to take over the govt and s
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Posted by on in Corrupt Regulators
Here's your chance folks!!! Go your hardest :-) http://www.brokernews.com.au/ Scroll down and you'll find the link on the left hand side of the page  Results so far: 122 votes;  45% say punishments fit the crime, 54% say its not enough!...
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ASIC monitoring Banksia before collapse: report   Published 3:28 PM, 2 Nov 2012 FINANCIAL SERVICES     The Australian Securities and Investments Commission has revealed Banksia Securities was under surveillance for up to 12 months before its collapse, according to The Australian Financial Review. According to the newspaper, chairman Greg Medcraft said ASIC had held concerns about the debunture sector for some time. “On the conduct side, we’ve undertaken intensive surveillance of the industry, particularly over the last 12 months," he said. "In relation to Banksia they were one of the entities we had been surveilling. We had been proactive with the trustees.”           ...
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  • doyla66
    doyla66 says #
    Define "PROACTIVE" ASIC? Yes we know you know how to use the word. Where is the EVIDENCE that was what you did? MONITORING and P
  • doyla66
    doyla66 says #
    Tea and Tim Tams in the CEO's Office,couldn't resist that one Denise.
  • doyla66
    doyla66 says #
    Define "monitoring". Is it from arm's length, via form letters for a 'please explain', 6 degrees of separation or even, just simpl
  • doyla66
    doyla66 says #
    "We had been proactive with the trustees.” This statement from ASIC (Medcraft) is SO SCARY it's not funny! PROACTIVE?? WHO CAN HEL
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  12-97MR ASIC chief elected chair of IOSCO board Thursday 17 May 2012 ASIC chairman Greg Medcraft was today elected chairman of the board of the International Organization of Securities Commissions (IOSCO), following a vote of board members at IOSCO’s annual conference in Beijing. Mr Medcraft’s IOSCO term will begin when the current chairman, Masamichi Kono, steps down in March 2013 and will continue to September 2014. The IOSCO role will be held concurrently with Mr Medcraft’s ASIC responsibilities. ‘I am honoured to be elected chairman of IOSCO. This is an organisation that does important work, and as we face ongoing economic uncertainty in the Eurozone, that work is even more crucial,’ Mr Medcraft said. ‘My vision is for IOSCO to be seen by regulators and policy makers globally as effective, pro-active and forward looking. I want to make IOSCO the key global reference body for securities regulation, in much the...
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  • doyla66
    doyla66 says #
    OMG! Greg Medcraft, regulatory wonder horse! He can't even do the job here to the satisfaction of his stakeholders (including mil
  • doyla66
    doyla66 says #
    Unequivocal: "The IOSCO role will be held 'concurrently' with Mr Medcraft’s ASIC responsibilities"--Mar 2013 to Sept 2014.
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Posted by on in Corrupt Regulators
Well, wouldn't you know it... I went to check on the latest figures for the POLL shown on http://bfcsa.com.au/index.php/entry/asic-have-your-say And the link on the Broker News site has been removed!!!!!  (http://www.brokernews.com.au/article/asic-acts-on-banksia-provident-failures-144977.aspx) That is hilarious!!  If you can't take the heat, get out of the kitchen.  Why would Australian Broker News be protecting ASIC? Mr Ben Abbot is the Editor: This email address is being protected from spambots. You need JavaScript enabled to view it. Obviously people are watching what we are doing and are trying to conceal the true feelings of Australians and their disgust at the disgusting banksters and their first cousins, the regulators. ~~ Hi Mr Abbot,      I spotted the POLL you had on the page http://www.brokernews.com.au/article/asic-acts-on-banksia-provident-failures-144977.aspx and went back to check the results and discovered it had been removed.  I was very interested in the POLL due to the interest ASIC is being given lately, especially since the Senate Enquiry and Estimates committee hearings in which Mr Medcraft and other ASIC exec's looked decidedly...
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  • doyla66
    doyla66 says #
    It's back on there again - just voted. Located on the right-hand side under the 'talking head'
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  Life After Debt Tuesday, 30 October 2012 Platitudes and Placation Financial Times Chief Economics Commentator, Martin Wolf once said, “The conclusion to be drawn from [the Bank of England’s executive director for Financial Stability Andy] Haldane's work is that an out-of-control financial sector is eating out the modern market economy from inside, just as the larva of the spider wasp eats out the host in which it has been laid” and with mounting evidence to support claims that the FSA have neither the stomach nor the inclination to prosecute banking criminality, the best that victims of the UK’s banking crisis can expect from reform is a ring side seat for an endless round of regulatory wrist slapping.   Endlessly placated with promises of integrity and more customer focused business models, the FSA have allowed the individuals within the banking fraternity, whose greed cost hundreds of thousands of UK residents...
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  • doyla66
    doyla66 says #
    One of the problems that regulatory staff and politicians face is a very human one. The sympatico between the masters and the serv
  • doyla66
    doyla66 says #
    This is a very nasty CANCER and cancers have to be killed off before it destroys the very society it infests. These corrupt banker
  • doyla66
    doyla66 says #
    You can pretty much change UK for Aust and the story would still ring true. What the he** is wrong with our regulators. ~~~ Fin
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Posted by on in Corrupt Regulators
Greg Medcraft gets his better ideas from the BFCSA site and all the letters that BFCSA, Storm, Westpoint and other "victims" of ASIC's blatant neglect, extended incompetency and reluctance to act. But the whole world knows now that ASIC will "protect" CBA and other banks in preference to doing their jobs. How do we know? Because Mr Turner, Chairman of the Board of the Commonwealth Bank of Australia announced that at the AGM. Unless I misread what he was talking about .... ASIC of course is supposed to be the impartial corporate regulator. ASIC seem to have missed the concept of impartial - Corporate regulations apply equally to banks and microbusinesses. ASIC also had the conflicting role of consumer protection and complaints against corporations. That, clearly, wasn't going to work. So ASIC opted for sticking with the strength e.g. banks of whom there were fewer and much easier to cope with...
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Corporate cop flags derivatives crackdown:  As the old adage says, "there's never a cop around, when you need one". --Now ASIC chairman Greg Medcraft says he's "very worried" about derivatives. He's chairing a global taskforce with the French regulator in a bid to get ahead of certain banks which are "skirting" regulations. GREG MEDCRAFT:"They are basically manufactured on a global basis by banks etc. So perhaps there should be some guidance or standards established, for the way that the products are actually basically regulated" --STOP PRESS, Greg Medcraft, is understood to have overseen Societe Generale' mortgage securities business during the time it allegedly engaged in misconduct, and subject of a 2008 class action in the US brought by former employees alleging the bank's securitisation business engaged in fraudulent conduct between 2005 & 2008. "You know, one of the things you are trying to do is make sure you have consistent global rules. So, you...
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  • doyla66
    doyla66 says #
    "You know, one of the things you are trying to do is make sure you have consistent global rules. So, you know, that's what we're l
  • doyla66
    doyla66 says #
    Medcraft is chairing the global taskforce to police the banks? Oh my God. Isn't that like asking a serial bank robber to look afte
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ASIC warning to self-funded retirees: *Beware, any consumers showing symptoms of "self belief" in ASIC -- that it's function is truly representative of a Government Legislated Consumer "Watchdog" -- is grievously mistaken, as such, is extremely hazardous to your financial well-being and you risk losing everything. ASIC's Greg Medcraft was asked in Senate Estimates last night what he was doing about "the sharks in that safety net". And he confirmed that"self managed investors were out on their own" and that they needed to sign a declaration acknowledging that there is "no protection". MATHIAS CORMANN [to ASIC]: What is your timetable?  So you're waiting for the Government to make a response and then ASIC decides how it fits into that? So ASIC doesn't have its own timetable yet? TONY EASTLEY: The corporate regulator has suggested that self funded retirees be required to acknowledge that they're not covered by guarantees for theft or fraud.It comes after investors in...
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  • doyla66
    doyla66 says #
    the parliamentary report highlighted concerns that the two regulators ASIC and APRA failed to share information about Trio. If tha
  • doyla66
    doyla66 says #
    So, basically, ASIC is admitting that there is NO REGULATION AT ALL! Everybody should immediately withdraw ALL their cash from the
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After many months and countless  sleepless nights of gathering my docs and research, to finally receive a respond from FOS to tell me "sorry we cant help you. Your loan is above the thereshold ($500K+)  and unless you sell your home then we cant help you in regards to maladministration etc" What a load of BullS**t   WELL TO SAY THE LEAST I'M TRULY PI**ED!!!, I feel like I keep  bouncing from wall to wall and not getting anywhere. I know that there are ppl out there that have been in the fight with the regulators for years....but what good is it if no-one is willing to listen let alone help us. I didnt commit the crime so why do I have to pay? So what do I do now?... BankWest are denying any wrong doing and FOS & ASIC (well we all know what they're about). Can any members suggest what would be the next move....I dont want to throw in...
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  • doyla66
    doyla66 says #
    Lisa: I haven't finished reading it yet, but this document might prove interesting for you... 'Essential Banking Law and Practice
  • doyla66
    doyla66 says #
    Good one, Yoda! That makes some sort of sense now. Different to how I'd previously perceived it. Taa. Lisa: I'm getting to the po
  • doyla66
    doyla66 says #
    Another borrower had their application to FOS referred back to internal dispute resolution with the lender. Still trying to work o
  • doyla66
    doyla66 says #
    last-laf Are you stating that FOS can deal with matters OVER $500k? YES KISS example 1) if you put down $200k on 80% LVR & borro
  • doyla66
    doyla66 says #
    FOS says "lf you have any information which establishes that your CLAIM is for less than $500,000" .... that means Your LOSS....
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November 11, 2011:  The Federal Opp' accused the Government of not doing its homework on ASIC chairman, Greg Medcraft --wants the Treasurer to explain what due diligence procedures [if any] were conducted prior to that appointment. --as it has been revealed that Greg Medcraft held a senior position at Societe Generale which is being sued in the US over "huge sub-prime mortgage transactions" in the lead-up to the GFC --referring to a 2008 class action [US] brought by former employees "alleging the bank's securitisation business engaged in fraudulent conduct" between 2005 & 2008.  Although Medcraft wasn't named in either lawsuit, but he is understood to have overseen the bank's mortgage securities business during the time it allegedly engaged in misconduct. --It's also been revealed that Mr Medcraft was named in a 2004 "sex discrimination" case in the US --which was settled out of court. The Federal Opposition wants the Federal Treasurer Wayne Swan to...
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  • doyla66
    doyla66 says #
    Societe Generale fraud allegations September 11, 2011 UPDATE (Greg Medcraft current ASIC Chairman was the HEAD OF THIS DIVISION A
  • doyla66
    doyla66 says #
    No one in public office is without a past, with all it's glories and boo-boos. The best people for the leadership positions often
  • doyla66
    doyla66 says #
    Wayne - please explain!
  • doyla66
    doyla66 says #
    Andy. How could you reprint such a damning article on such a top guy. Greg also didn't tell lies, he jumped higher than anyone at
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