Question
Read the following case and explain the impacts of trust inaccuracies/discrepancies on clients and agency. The OFT received a complaint in March 2018 alleging irregularities
Read the following case and explain the impacts of trust inaccuracies/discrepancies
on clients and agency.
The OFT received a complaint in March 2018 alleging irregularities in the agency's
corporate trust account. The OFT undertook a compliance check at the agency's
business address in March 2018, which revealed the agency's then Principal
Licensee had withdrawn a total of $121,000 on eleven separate occasions without
authorisation.
The then Principal Licensee of the agency cooperated with the OFT and admitted
the funds transferred from the trust account were never intended for personal gain,
but were used as a 'short term loan' to cover business expenses until money could
be returned to the trust account.
The agency's clients suffered no loss as a result of the trust account
misappropriation.
In sentencing, the court stated the offending was of a very serious matter, but
considered a number of mitigating circumstances including an early guilty plea, the
cooperation with the OFT and no loss experienced by consumers.
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