The Australian Securities and Investments Commission (ASIC) has handed down a permanent ban to Adelaide-based accountant Jason Richard Poser as a result of his aggravated theft conviction.
Specifically, the corporate regulator has prohibited Poser from providing any financial services, performing any function related to carrying on a financial services business and controlling an entity carrying on a financial services business.
The banning of Poser was effective from 1 August 2025.
In August 2024, he was convicted of aggravated theft under section 134 of the Criminal Law Consolidation Act and received a seven-year jail sentence as a result.
He was found guilty of stealing funds from his clients’ SMSFs with regard to their taxation obligations. He was an authorised representative of SuperGuardian between 5 July 2016 and 29 June 2020 and held this status when the aggravated theft occurred.
The conviction afforded ASIC the opportunity to impose the permanent ban under the Corporations Act whereby the regulator can take such action if an individual is convicted of fraud, which includes offences involving dishonesty.
Poser has the right to contest ASIC’s punitive action through the Administrative Appeals Tribunal.
The SMSF Association withdrew Poser’s accreditation as a specialist member around two years ago in relation to the legal action involving the theft charges.
“We became aware at that time Jason Poser was in breach of the professional conduct required of him as an SMSF Association member. He was obligated to notify us of that breach, but that didn’t occur. Subsequently he was issued with a show cause notice, but he did not respond to it and so his membership was rescinded,” SMSF Association chief executive Peter Burgess told selfmanagedsuper last year.
Poser’s actions also led to the Tax Practitioners Board taking disciplinary action against SuperGuardian with regard to a breach of the professional body’s Code of Professional Conduct.
