John Louis Anthony Bigatton has pleaded guilty to one criminal charge relating to his role as national promoter of online cryptocurrency platform BitConnect.
He appeared before the Sydney District Court on 16 May 2024 and pleaded guilty to providing unlicensed financial services on behalf of another person contrary to section 911B(1) of the Corporations Act.
Previously, Bigatton had been banned by the Australian Securities and Investments Commission (ASIC) in 2020 from providing financial services for seven years.
This was in relation to his role as the Australian national representative of BitConnect and BitConnect Lending Platform, a financial product that required investors to acquire BitConnect coin (BCC), a cryptocurrency token offered by BitConnect through its website.
The lending platform permitted lenders to invest or “loan” BCC for fixed terms in exchange for promised high-interest rates.
Investors did not control their loans once invested nor could they withdraw their capital investment until the expiry of the lending period.
ASIC alleged that, between August 2017 and January 2018, Bigatton provided unlicensed financial product advice and engaged in conduct, in relation to financial products and financial services, which was misleading or deceptive or was likely to mislead or deceive, in connection with his promotion of BitConnect and the lending platform.
He allegedly undertook promotional activities for BitConnect and the lending platform on social media, at seminars that he hosted at various locations around Australia, and through face-to- face meetings with investors.
During this time, ASIC alleged he provided financial product advice without holding an Australian Financial Services licence or authorisation to provide financial services about the lending platform and BCC on six instances, at various locations, around Australia through seminars and two social media posts.
A sentencing hearing is scheduled to take place on 5 July 2024.
Following the guilty plea, a related charge of operating an unregistered managed investment scheme was withdrawn.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions after an investigation and referral by ASIC.
