Brett Trevillian charged with forging reports for investors

A high-flying investment manager at a once-lauded business trading in global precious metal markets now stands charged with serious offences.

Brett Trevillian (left, foreground) leaves Downing Centre Local Court on July 28. Picture: Eliza Barr

A high-flying precious metals investment manager once lauded for his pioneering methods now faces charges he forged reports about his funds’ performance which were intended to be provided to investors.

Brett Trevillian, 49, was once referred to as having the “Midas touch” for an algorithm he created to identify trading behaviours in the market.

He is now forbidden to leave Australia as part of his bail conditions and facing four charges of making a false document to obtain a financial advantage, for which there is a maximum potential sentence of 10 years’ imprisonment if proven.

ASIC will allege that between May and October 2019, Trevillian – then the director of Metal Alpha and former investment manager of Trading Life Services, previously known as AlphaThorn – created four forged portfolio performance verification reports.

It is further alleged those reports were intended to be provided to potential investors.

Brett Trevillian (left, foreground) outside court with his legal team. Picture: Eliza Barr

Court documents tendered to Downing Centre Local Court state the allegedly forged reports pertained to secured monthly returns for 2012 to 2018, secured yearly returns for 2012 to 2018, secured yearly returns for 2014 to 2018, and enhanced yearly returns for 2014 to 2018.

Trevillian was arrested at Sydney Airport on July 17, charged and granted conditional bail by police.

He applied to vary his bail before Magistrate Gregory Moore at Downing Centre Local Court on Friday in his efforts to return home to the United Arab Emirates, where he lives with his partner and runs a financial business.

Trevillian’s senior counsel Troy Edwards said “there was no evidence actual investors were defrauded as a consequence” of what is alleged against him.

“Investors’ money may be safe, I don’t know whether that’s true, there could be investors that lost money,” Mr Moore responded.

Trevillian is currently required to live in Newcastle, report to police once a week and advise ASIC of any intention to change his address.

He is also forbidden to leave or attempt to leave the country or go within 100m of any international point of departure and was further required to surrender his passport.

The court heard Trevillian had a significant incentive not to flee the jurisdiction, as his “nuclear family” – his father, sister and her two children – reside in Sydney.

Trevillian also owns a property in Blueys Beach and the court heard he is currently building a home in Sydney for which he has already made certain payments.

Mr Edwards submitted Trevillian has also paid $200,000 in escrow to his solicitors’ accounts to manage ongoing legal representation and has an ongoing statement of claim in the civil jurisdiction for $10 million which he has not sought to appear in remotely.

The court heard Trevillian’s father would be prepared to offer a $100,000 security to guarantee his son’s return to the jurisdiction as required.

Brett Trevillian (left, foreground) leaves Downing Centre Local Court on July 28. Picture: Eliza Barr

It was also submitted this type of offending was commonly dealt with in the local court and did not always attract full-time imprisonment.

“The idea that he would flee the jurisdiction and not return to avoid the prosecution is fairly fanciful, given that a custodial sentence is far from assured,” Mr Edwards told the court.

Counsel for the Commonwealth Director of Public Prosecutions Frank Farah opposed the bail variation due to what he said was an unacceptable risk of Trevillian fleeing the jurisdiction.

“The statement of facts, I would submit, outlines a strong Crown case, very serious matters, a likelihood of a custodial sentence though not necessarily imprisonment,” Mr Farah told the court.

“It outlines our concerns in respect of that, when he found out, or when it was reported that the reports were forged, within a week of that occurring he was on a flight out overseas – he has only returned four times between now and then.”

Mr Moore refused the bail variation, stating he agreed the risk of Trevillian not returning to the jurisdiction was too great.

The court heard the matter would now proceed through the early appropriate guilty plea process which gives a defendant more time and information before – if they wish – they can enter a plea at the earliest opportunity to access the maximum discount on sentence.

A previous first mention date of August 8 was vacated and brief service orders were instead made which will bring the matter back to court on September 26.

Trevillian’s LinkedIn states he was the managing director of Metal Alpha from June 2011 until May 2022.

From May 2019 to August 2020 he was also said to be an investment manager at AlphaThorn.

On May 19 2022 ASIC released a statement announcing they had cancelled Metal Alpha’s Australian Financial Services licence after the NSW-based financial services provider confirmed it was no longer trading and had no intention to resume.