Mr Daniel Kirby, of Melbourne Victoria, was sentenced to 2 years and 11 months in prison for dishonest behavior and abuse of capital companies in relation to his role as director of the Berndale team. Berndale Capital Securities Pty Ltd (Berndale), Berndale Capital Securities Management Pty Ltd and Algoplus Pty Ltd.
On July 10, 2025, at the Australian Federal Court in Melbourne, Mr Kirby was sentenced to 2 years and 11 months in prison, which will be released after 12 months of recognition of $ 1000 provided he has good behavior for another 3 years.
On May 15, 2025, Mr Kirby said guilty of a number that provides false or misleading information to a controller, a number of dishonest use as a director and a number of dishonest behavior in relation to a financial service.
This issue was prosecuted by the office of the Director of Public Prosecutors (CTH) after an investigation by ASIC.
It is the first ASIC to proceed with the Australian federal court under the recently extensive corporate criminal jurisdiction.
Mr Kirby was previously director of the collapse of retail outlets for the sale of derivatives Berndale Capital Securities Pty Ltd., he intended to admit the guilt on the first day of a four -day hearing.
On September 16, 2024, co-host and former Berndale director, Mr D’Amore, pledged to be tried in the criminal jurisdiction of the Australian federal court on a date to be determined. The issue is listed for cases of cases of cases on July 24, 2025.
In 2018, ASIC banned co-defendant and former Berndale director, Mr. D’Amore from the provision of financial services for six years and canceled Berndale’s financial services permit.
In 2019, Asic successfully tried to have Berndale and two related companies, Berndale Capital Securities Management Pty Ltd and Algoplus Pty Ltd, finished. Rachel Burdett-Baker and Melbourne’s Cor Cordis Bruno Secatore have been appointed to act as common and several liquidators of all three companies. The liquidator’s investigations have found more than $ 8.9 million due to former Berndale customers.
In 2023, Mr D’Amore and Mr Kirby were charged with impunity offenses, including the abuse of more than $ 1 million in corporate funds.
On September 16, 2024, Mr D’Amore pledged to be tried in the criminal jurisdiction of the Australian federal court on a date to be determined. This issue is subsequently referred to in cases of cases on July 24, 2025.