Evidence
Evidence
We had two witness statements from Mr John Meadows, the Chief Executive Officer of the Applicant (“Mr Meadows”). In his first witness statement, Mr Meadows provided an outline of the history of the Applicant, an explanation as to how the Firm came to undertake business with the Solo Group, contextual issues relating to misconduct and the benefit the Applicant obtained from the misconduct. A second witness statement was filed shortly before the hearing in response to a statement in the Authority’s skeleton argument which Mr Meadows believed to be incorrect. This statement was admitted with no objection on the part of the Authority.
Mr Meadows was cross-examined to a limited extent by Mr Hinks. We found Mr Meadows to be an honest and reliable witness, doing his best to assist the Tribunal. Much of his evidence was unchallenged and, unless otherwise indicated in our findings of fact, we have accepted it.
The parties provided an agreed bundle of documents, mainly material gathered during the course of the Authority’s investigation and which was available to the RDC during the regulatory proceedings.
- 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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