The Australian Securities & Investments Commission said former FAL Healthy Beverages Pty Ltd CEO and director Tim Xenos, also known as Efthymios Xenos, has successfully appealed one of his three criminal convictions. The District Court of New South Wales allowed his appeal against the charge of dishonestly using his position to gain an advantage for himself, resulting in an acquittal. He withdrew his appeal against the other two convictions, for making business decisions while disqualified from managing a corporation and for failing to fully and truly disclose information to his bankruptcy trustee, but continued his sentence appeal on those matters. A sentence appeal hearing, including the question of resentencing after the acquittal on one charge, was held on 26 June 2026 and adjourned to 5 August 2026 for judgment. The case is being prosecuted by the Office of the Director of Public Prosecutions following an ASIC investigation and referral. Mr Xenos had originally been found guilty in February 2025 and, in May 2025, received an aggregate sentence of 18 months' imprisonment to be served by way of an intensive correction order with an additional requirement to complete 200 hours of community service work.

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