Life ban reduced to three years for Quest Home Loans broker
A ban made against Edward Richard George of Mudgee, New South Wales, has been reduced to three years - from a previous lifetime ban - after the Administrative Appeals Tribunal found that the claim he was "not of good fame or character" was not justified.
In March 2014, a decision to reduce his ban was made by the AAT. The initial ban was made by ASIC and stopped George from providing financial services and engaging in credit activities. The ban of three years commenced from 31 July 2013, meaning George will be able to operate by mid-2016.
The AAT said that George did complete five applications for deposit guarantees and falsified loan approval documents to support these applications, but maintained that while this was dishonest it was "out of character".
ASIC had found that on two occasions between March and July 2011, he had submitted eight documents for four deposit guarantees and one home loan - these had been for himself and four clients. False information included loan approval letters, employment letters and payslips.
A deposit guarantee, or deposit bond, is a substitute for cash when a buyer looks to purchase a home. The false letters were issued to Deposit Power.
ASIC found he engaged in dishonest conduct after an investigation looked into George’s conduct when he was a broker operating under the name Quest Home Loans.
"Mr George’s dishonest conduct is incompatible with the honesty, integrity, diligence and judgment that is required of those in the industry," ASIC deputy chairman Peter Kell said at the time of the permanent ban.
AAT stated that although there is reason to believe he may not be a fit and proper person to be involved in credit activities, the evidence of his referees, his remorse and the out-of-character nature of the actions meant that the seriousness of the misconduct should be reduced.
The Mortgage & Finance Association of Australia had previously suspended George from being a member for two years, with effect from 29 August 2011.