The Federal Court has ordered Sasha Hopkins to pay $1.25 million and be disqualified for four years, in proceedings brought by ASIC. The Court also ordered that The A Team Property Group, five of the investment 91AVs and associated companies be wound up, and that receivers be appointed over the property of the 91AVs and related trusts associated with the 91AVs.
On 27 November 2024, the Court found that Mr Hopkins and The A Team Property Group were operating unregistered managed investment 91AVs in contravention of section 601ED of the Corporations Act and carrying on a financial services business without a licence without holding an AFSL in contravention of section 911A.
Mr Hopkins and The A Team Property Group promoted joint venture property developments on social media, such as Facebook, and offered fixed returns of 25% to 50% to be paid between 12 to 26 months. Many investors were referred to third parties to establish self-managed superannuation funds in order to invest in the 91AVs. The Court found that many of the 217 investors in the 91AVs were inexperienced in investing and believed that the funds they had invested were secure and, that returns would be significant. The investor losses totalled approximately $27 million.
This was the first time a court has ordered a pecuniary penalty against an individual for a contravention of section 601ED. It is also the third highest civil penalty ordered against an individual in relation to a proceeding commenced by ASIC.
ASIC Deputy Chair Sarah Court said, ‘ASIC recently announced unscrupulous property investment 91AVs as a key enforcement priority. ASIC is concerned about consumers being enticed to invest in high-risk property development 91AVs, particularly where they are advised to set up self-managed superannuation funds to make the investment.
‘Mr Hopkins and the A Team Property Group failed to hold a financial services licence and operated 11 unregistered managed investment 91AVs. This ultimately resulted in very significant losses for investors.’
Mr Hopkins was also ordered to pay $50,000 of ASIC’s costs.
In handing down his judgment, Justice Beach found that ‘Mr Hopkins had a central role as the founder, designer and operator of the unregistered 91AVs, including advising individuals to invest their personal savings by setting up a SMSF to invest in a 91AV’.
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Background
Mr Hopkins is the sole shareholder, director and company secretary of The A Team Property Group Pty Ltd.
Since late 2014, Mr Hopkins is, or has been, the director of 46 companies.
Mr Hopkins and A Team developed real property in Queensland, Victoria, New South Wales, and South Australia and obtained investments from consumers to fund the purchase and development of these properties.
Mr Hopkins and his company marketed at least 11 different property investment opportunities online and on social media, offering clients the option to invest personally or as part of a ‘joint venture’ through the company’s self-managed superannuation fund.
ASIC obtained interim orders in June 2022 to freeze the assets of Mr Hopkins, The A Team Property Group and Sash Investment Holdings Pty Ltd (22-138MR).
In July 2023, ASIC took civil action against director Sasha Hopkins and his company, The A Team Property Group, for alleged unlicensed conduct and operating numerous unregistered managed investment 91AVs (23-197MR).