{"id":196302,"date":"2025-12-22T11:39:10","date_gmt":"2025-12-22T11:39:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/196302\/"},"modified":"2025-12-22T11:39:10","modified_gmt":"2025-12-22T11:39:10","slug":"first-guardian-boss-david-anderson-tells-court-the-funds-record-keeping-was-inadequate","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/196302\/","title":{"rendered":"First Guardian boss David Anderson tells court the fund\u2019s record keeping was inadequate"},"content":{"rendered":"<p>Anderson added that improving First Guardian\u2019s record keeping was a work in progress from 2022 until the fund\u2019s collapse in April.<\/p>\n<p>First Guardian\u2019s crash came <a href=\"https:\/\/www.theage.com.au\/link\/follow-20170101-p5mdq7\" rel=\"nofollow noopener\" target=\"_blank\">amid an investigation by the corporate watchdog<\/a> into the activities of the fund and Anderson\u2019s business, Falcon Capital, which managed the fund.<\/p>\n<p>\u2018DA [David Anderson] says it doesn\u2019t matter, you can just do what you want with it \u2013 LOL\u2019<\/p>\n<p>Staff message in First Guardian\u2019s books and records<\/p>\n<p>The watchdog and liquidators to Falcon Capital allege that Anderson mismanaged the superannuation fund, and spent large sums of its money on his pet projects including hospitality ventures and <a href=\"https:\/\/www.theage.com.au\/link\/follow-20170101-p5ml2o\" rel=\"nofollow noopener\" target=\"_blank\">large payments to the promoters of the fund<\/a>.<\/p>\n<p>Anderson has long denied any wrongdoing and has claimed, through his legal team, that the Australian Securities and Investments Commission (ASIC) has misunderstood his business model.<\/p>\n<p>Loading<\/p>\n<p>During Monday\u2019s examinations hearing, Anderson was repeatedly shown examples of First Guardian and Falcon\u2019s record keeping, described as either extremely limited or non-existent. Usually superannuation funds have extensive documentation of their investments, their funds and the fees charged to members for managing the money.<\/p>\n<p>Anderson confirmed in court that First Guardian did not have any sort of formal agreement with the Falcon company regarding what fees it charged the superannuation fund.<\/p>\n<p>Instead, he revealed that rather than a formal agreement covering the size of the fees and the frequency of the payments, the First Guardian Master Fund was charged management fees on an ad hoc basis.<\/p>\n<p>Anderson also explained that rather than receiving a salary from First Guardian, he was instead paid in \u201cresiduals\u201d taken from the profits of any investments by the funds.<\/p>\n<p>Hooper asked Anderson if any bonus payments were subject to formal documentation.<\/p>\n<p>\u201cIt was an informal agreement,\u201d Anderson told the court.<\/p>\n<p>\u201cIt was always a residual figure based on what was available for distribution to directors or stakeholders.\u201d<\/p>\n<p><img decoding=\"async\" alt=\"Paul Chiodo outside the Federal Court last month.\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/nz\/wp-content\/uploads\/2025\/12\/24fd9da900c26a12da631c78af1608e234167928.jpeg\" height=\"390\" width=\"584\" \/><\/p>\n<p>Paul Chiodo outside the Federal Court last month.Credit: Jason South<\/p>\n<p>The once high-flying businessman also confirmed that he held a long and extensive business relationship with the manager of the Shield Master Fund, Paul Chiodo \u2013 a partnership <a href=\"https:\/\/www.theage.com.au\/link\/follow-20170101-p5ml5x\" rel=\"nofollow noopener\" target=\"_blank\">first revealed by this masthead<\/a> in August.<\/p>\n<p>Like First Guardian, the Shield Master fund is in liquidation and subject to a major investigation by the corporate watchdog. Chiodo also faces allegations by ASIC that he mismanaged the Shield Master fund.<\/p>\n<p>Anderson confirmed he helped Chiodo establish a property fund more than eight years ago and that First Guardian then invested almost $100 million in it.<\/p>\n<p>As previously revealed by this masthead\u2019s investigation, Chiodo and Anderson worked together for several years until a dispute over the performance of Chiodo\u2019s fund.<\/p>\n<p>Asked about his relationship with Chiodo, Anderson said: \u201cIt\u2019s been a relatively long-standing one \u2013 on a business basis. Were there any specific aspects of the relationship you wanted to focus on?<\/p>\n<p>\u201cIt is a long-standing relationship, which has taken a number of turns over the years. I would describe it as a relatively challenging one.\u201d<\/p>\n<p>Loading<\/p>\n<p>Asked to explain what made the relationship challenging, Anderson responded: \u201cThe primary issue was tension between access to capital and funding and the timely completion of the projects.\u201d<\/p>\n<p>He also confirmed that despite those challenges, he and Chiodo maintained a business relationship. This included developing the Shield Master fund in 2022 after Chiodo\u2019s property fund, in which First Guardian had invested, became financially troubled.<\/p>\n<p>Asked what the purpose of the Shield fund was, Anderson told the court: \u201cShield was put together by Chiodo to get access to other capital by means of the Master Fund.\u201d<\/p>\n<p>Anderson said the pair had maintained a business relationship in recent years, but when asked when the last time they spoke was he replied: \u201cI haven\u2019t spoken to him for a number of months.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Anderson added that improving First Guardian\u2019s record keeping was a work in progress from 2022 until the fund\u2019s&hellip;\n","protected":false},"author":2,"featured_media":196303,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[138,246,111,139,69,244,245],"class_list":{"0":"post-196302","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-personal-finance","8":"tag-business","9":"tag-finance","10":"tag-new-zealand","11":"tag-newzealand","12":"tag-nz","13":"tag-personal-finance","14":"tag-personalfinance"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/196302","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=196302"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/196302\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/196303"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=196302"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=196302"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=196302"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}