Assessment of the financial penalty
Assessment of the financial penalty
We now turn to the question of assessment of the appropriate financial penalty in this case, having considered the parties’ submissions, the findings of fact set out above and the failings identified in the Decision Notice.
We approach this assessment by reference to the 5 step framework contained in DEPP 6.5A, as set out at [14] above.
- Heading
- Introduction
- Applicable law and regulatory provisions
- Step 1: Disgorgement
- Step 2: The seriousness of the breach
- Step 3: Mitigating and aggravating factors
- Step 4: Adjustment for deterrence
- Step 5: Settlement Discount
- Evidence
- Findings of Fact
- Background
- The Solo Business
- Onboarding of the Solo Clients
- Client Categorisation
- Transaction monitoring
- Regulatory Failings
- Assessment of the financial penalty
- Step 1 – disgorgement
- Steps 2 to 5 - General
- Step 2 - The seriousness of the breach
- Step 3 - Mitigating and aggravating factors
- Step 4 - Adjustment for deterrence
- Step 5
- Conclusions
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