Carter’s engagement at the Hawke’s Bay-based brokerage was terminated in January 2020, and the FMA was notified of several concerns prompting an investigation.
Fifteen months later, Carter applied to join another brokerage with the intention of working under the firm’s Financial Advice Provider (FAP) licence as an Authorised Body through a company that she owned.
The FMA alleges she made false or misleading statements on two FMA documents during the application process - failing to declare that she was being investigated for dishonesty and misrepresenting the nature of the FMA’s investigation.
Carter elected a judge-alone trial for the seven charges she pleaded not guilty to and will next appear in court on December 14, 2023.
The offences Carter pleaded guilty to:
- Making a false document under Sections 256(1) and (2) of the Crimes Act (x2);
- Obtaining by deception under Section 240 of the Crimes Act (x2);
- Attempting to obtain credit by deception under Sections 72 and 240 of the Crimes Act (x2)
- Using forged documents under Section 257(1)(b) of the Crimes Act (x2).
The offences Carter pleaded not guilty to:
- Making a false document under Sections 256(1) and (2) of the Crimes Act (x4);
- Transferring a false document under Section 256(5) of the Crimes Act (x1)
- Obstructing the exercise of the FMA’s powers during an investigation under Section 61(1)(e) of the Financial Markets Authority Act 2011 (FMA Act)(x1), and;
- Making false or misleading statements under Section 512 of the Financial Markets Conduct Act 2013 (FMC Act)(x1).
The lead charges of making a false document and using a forged document under the Crimes Act carry a maximum penalty of 10 years’ imprisonment.
