Dan Barrs
14 posts

Dan Barrs
@Dan62300Dan
Crypto infrastructure/service oriented/B2B Sharing uncommon opinions, what works & what doesn’t
London Katılım Ekim 2024
22 Takip Edilen4 Takipçiler

maybe one day this discovery will be developed even better
AMI@Salvinaa__
Share interesting and impressive videos
English

Are FCA fines becoming harder to defend?
Recent decisions by the Upper Tribunal suggest that the Financial Conduct Authority may need to rethink how it justifies the size of its financial penalties.
In several high-profile cases, the Tribunal has upheld findings of misconduct but reduced the level of the fines imposed.
• In the case of Arian Financial LLP, linked to cum-ex trading, a £744k penalty was cut to approximately £289k after the Tribunal found flaws in the FCA’s calculation methodology.
• Former executives of Metro Bank, including ex-CEO Craig Donaldson, saw their fines reduced by around 25%, despite confirmation of regulatory breaches.
• In a market manipulation case involving traders at Mizuho International, the Tribunal again upheld misconduct findings but adjusted penalties after reassessing relevant revenue calculations.
The pattern is notable: the underlying breaches stand — but the quantum of penalties does not always survive full judicial scrutiny.
For regulated firms and senior managers, this reinforces an important point: penalty methodology is contestable. For the FCA, it may signal the need to further strengthen the analytical and evidential foundations behind its enforcement calculations to ensure sanctions remain proportionate, defensible, and truly deterrent.
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UK: FCA Takes Legal Action Against Crypto Exchange HTX
The UK Financial Conduct Authority (FCA) has initiated proceedings before the High Court in London against global cryptocurrency exchange HTX (formerly Huobi).
What’s the issue?
The FCA alleges that HTX unlawfully promoted crypto-asset services to UK consumers via social media platforms including X, YouTube, and LinkedIn, in breach of the UK’s financial promotions regime introduced in October 2023.
Under UK law:
Any financial promotion (including crypto-assets) directed at UK consumers must be approved by an FCA-authorised firm or issued by an authorised entity.
Unauthorised promotions constitute a criminal offence.
Firms must include clear risk warnings, cooling-off periods for retail investors, and comply with strict marketing restrictions.
The FCA’s position
The regulator claims that HTX:
Continued promotional communications despite warnings
Failed to meet UK compliance requirements
Operates with a structure the FCA considers insufficiently transparent
The FCA is seeking:
A court declaration confirming breaches of the rules
An order preventing further promotions to UK consumers
Potential restrictive measures, including blocking access or content within the UK
What this means for investors
HTX is listed on the FCA’s warning list. This means:
UK clients are not protected by the Financial Ombudsman Service
They are not covered by the Financial Services Compensation Scheme (FSCS) in the event of platform failure
The broader message
This case sends a clear signal:
The UK is asserting regulatory reach over overseas crypto firms targeting UK consumers.
Social media is not a regulatory grey zone.
Crypto marketing is now firmly within the scope of financial regulation.
The UK aims to be a global crypto hub — but a regulated one.
For crypto platforms operating cross-border, the message is straightforward: if you target UK consumers, full compliance with UK rules is not optional.
Thoughts?
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@Mofoman360 Forgiveness is very important, especially as she was only 15
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