Mr Mark Francis McCabe, of Roseville, New South Wales was arrested on 24 August 2022 by the New South Wales Police Force on an arrest warrant obtained by ASIC. He was charged with one count of dishonestly obtaining property by deception under s192E of the Crimes Act (NSW) and bailed to appear in court on 13 September 2022.
Following an ASIC investigation, it is alleged that between 16 October 2015 and 25 May 2020, Mr McCabe, a former director of Guevara Capital Access Pty Ltd, dishonestly obtained $273,800 from a client of Guevara Capital Access and Online Trading Capital.
The criminal charge comes after ASIC took civil action in the Federal Court in April 2022 to restrain Mr McCabe from leaving Australia while the investigation was underway (22-091MR).
This matter is being prosecuted by the Commonwealth Director of Public Prosecutions after a referral from ASIC. Further criminal charges against Mr McCabe are being considered.
Background
The maximum penalty for dishonestly obtaining property by deception under the Crimes Act NSW is 10 years imprisonment.
