Financial adviser David Eduardo Cubilla in Brisbane Court for $637k super fraud, possessing child abuse material
A Brisbane financial adviser stole over $600k in super from a deceased client before being busted with a stash of child abuse material during police investigations.
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A Brisbane financial adviser has been jailed for stealing more than $600k in super from a deceased client as a “f*** you to the system”.
Police then busted him with more than 1700 child abuse images while investigating the fraud, a court has heard.
David Eduardo Cubilla, 46, faced Brisbane District Court on Wednesday for the fraud and the child abuse material stash.
The Calamvale father-of-three started his own business, TGS Financial Planning, in the midst of the financial crisis and quickly fell into a “whirlpool” of debt, the court heard.
He had taken on the fraud victim as a client in 2015, when he was sold a client list from another financial planner.
Judge Paul Smith explained the original owner of the victim super fund had died in 2013, and the money was supposed to be passed to his brother.
But the brother, unaware of this, died in 2019.
The money was then entitled to his wife – who was similarly unaware of its existence.
The court heard Cubilla initially started withdrawing cash from the account as a “f*** you to the system”.
But, as he began to experience increasing financial hardship, he started using it to pay off his debts.
The court heard Cubilla, pretending to be the original owner, withdrew over $637,734.88 in the span of 11 months from 2020 to 2021.
The victim super fund, Colonial First State, alerted police after realising the owner was deceased.
When police searched Cubilla’s home, they found him in possession of three torrent files with 56 child abuse images.
He had also deleted 1760 incriminating images and videos – some depicting real children engaging in sexual acts.
The court heard Cubilla’s alcohol abuse had contributed to the “brazen and premeditated” fraud, on top of his financial difficulties.
Judge Smith said Cubilla had made a “conscious decision” to steal a significant sum while in a position of trust.
He acknowledged Cubilla had a good work history, along with the support of his wife and children.
Cubilla pleaded guilty to fraud in excess of $100,000, using a carriage service to access child abuse material, and possessing or controlling child abuse material obtained or accessed using a carriage service.
He received a head sentence of seven years in jail, with parole eligibility on June 11, 2026.