Heading

Case Number: UT-2022-00097
Hearing venue: The Rolls Building, London
FINANCIAL SERVICES – financial penalty – whether the FCA correctly followed its policy in the setting of the penalty imposed on the Applicant in relation to the breach by the Applicant of Principles 2 and 3 of the FCA’s Principles for Business
Judgment date: 11 November 2024
Before
JUDGE TIMOTHY HERRINGTON
(Sitting in Retirement)
MEMBER GARY BOTTRIELL
MEMBER ADAM SAMUEL
Between
ARIAN FINANCIAL LLP
Applicant
and
THE FINANCIAL CONDUCT AUTHORITY
Respondent
Representation:
For the Applicant: Jason Mansell and Thomas Coke-Smyth, Counsel, instructed by Charterhouse Law, Solicitors
For the Respondent: Philip Hinks, Counsel, instructed by the Financial Conduct Authority
DECISION
- 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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