An Australian Federal Court issued a permanent injunction order against social media finfluencer Tyson Robert Scholz, popularly known as ASX Wolf, thus prohibiting him from carrying out any financial services business in the country.
'ASX Wolf' Banned
Scholz provided trading courses and seminars on ASX-listed equities. In addition, he offered share purchase recommendations on private online forums and Instagram where he had more than 20,000 followers.
He posted photos of expensive cars with the license plates' ASX Bull' and photos of costly boats. He used these posts as bait for his trading courses and seminars.
The court order specified that Scholz could no longer host online groups, for which he charged a fee, and members could share messages about share trades. Scholz will now need an Australian Financial Services (AFS) license to host such groups. He is also prohibited from carrying on a financial services business in Australia.
ASIC Crackdown Finfluencers
The court order came following the Australian Securities and Investments Commission's (ASIC) action against Scholz. Initially, the regulator went to court in December 2021, seeking a restraining order against Scholz from promoting or operating a financial services business in Australia. The court agreed to an interim order as ASIC moved for a permanent order.
"Financial services laws exist for the protection of investors," said ASIC's Deputy Chair Sarah Court. "ASIC sought permanent injunctions in this case because the people who paid Mr Scholz to access private online forums where he made recommendations about shares, as well as those people who purchased shares based on these recommendations, did not have the benefit of these protections."
ASIC has actively acted against finfluencers, who provide financial advice mostly on social media. The regulator even threatened these illegal influencers with possible jail terms and penalties of up to AU$1 million and cautioned Aussie companies from associating with such unlicensed finfluencers.
"Anyone who recommends financial products or provides financial advice on social media must ensure they are complying with the law and may face ASIC enforcement action when they are not," Court added.
Meanwhile, ASIC permanently banned Brisbane-based former financial adviser Kristofer Ridgway, citing he is "not a fit and proper person to provide financial services, is not adequately trained or competent to provide financial services, and is likely to contravene financial services law."
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