ASIC warns consumers about David Zohar and companies associated with him

ASIC

ASIC has issued a warning to consumers about the activities of David Zohar (Mr Zohar) regarding his promotion of investments in Lithium Lakes Limited (ACN 637 002 692) (Lithium Lakes).

ASIC is concerned that Mr Zohar, whilst the sole director of Lithium Lakes, sent unsolicited letters on behalf of Lithium Lakes to select consumers advising that Lithium Lakes was about to issue an Australian Securities Exchange (ASX) prospectus or list on the ASX. Further, that there may not have been a reasonable basis for these statements to be made at the relevant time.

As at today’s date, Lithium Lakes has not issued an ASX prospectus or listed on the ASX.

ASIC is concerned that Mr Zohar is making similar statements in unsolicited letters issued on behalf of the companies below, by advising select consumers of the imminent release of an ASX or National Stock Exchange prospectus:

  1. Greensand Mining Pty Ltd (ACN 653 135 650)
  2. Silver River Resources Pty Ltd (ACN 649 403 556)
  3. Wattle Gully Nickel Pty Ltd (ACN 657 328 213) (also referred to as Northern Australian Minerals Pty Ltd)

As at today’s date, the above companies have not issued a prospectus.

ASIC wants the public to carefully consider any offers of securities received from Mr Zohar or from the above companies.

A copy of the notice can be found on the ASIC Register of Public Warning Notices.

Background

In June 2005, ASIC commenced proceedings in the Federal Court in Perth (05-273) against Mr Zohar and Swancove Enterprises Pty Ltd (Swancove) for engaging in unlicensed financial services. In September 2005, ASIC obtained Federal Court orders, where Swancove and Mr Zohar consented to:

  • a declaration that Swancove carried on a financial services business by making representations intended to influence persons to acquire shares in a company associated with Mr Zohar without holding an Australian financial services licence (AFSL);
  • a declaration that Mr Zohar was knowingly concerned in Swancove’s unlawful activities;
  • permanent injunctions that stopped the company and Mr Zohar from making representations or being in any way concerned in or a party to any other person making representations to influence persons to acquire shares without holding an appropriate AFSL.

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