The UK Financial Conduct Authority (FCA) has fined Arian Financial LLP £288,962.53 for failing to ensure it had effective systems and controls against financial crime.
Arian’s failure to implement adequate systems and controls against financial crime put it at risk of being used to support fraudulent trading and money laundering on behalf of clients of the Solo Group.
This is the seventh case brought by the FCA in relation to cum-ex trading and withholding tax schemes. This has involved proactive engagement with EU and global law enforcement authorities. The FCA has imposed fines of more than £22m in relation to this trading.
Arian executed purported over-the-counter equity trades of approximately £37 billion and £15 billion in Danish and Belgian equities on behalf of the Solo Group’s clients, receiving commission of approximately £546,949.
The trading was, throughout the period, circular, which is highly suggestive of financial crime. It appears to have been carried out to allow the arranging of withholding tax reclaims in Denmark and Belgium.
In 2014 and 2015, the Solo Group made withholding tax reclaims of £899.27m and £188.00m to Danish and Belgian authorities, with approximately £845.90m and £42.33m respectively paid.
Arian admitted liability but referred the FCA’s proposed fine to the Upper Tribunal. The Tribunal reduced the fine that the FCA would have imposed from £744,745 to £288,962.53.
The Tribunal agreed with the FCA’s assessment of the seriousness of the misconduct and the need to impose a penalty. However, the Tribunal reduced the fine as, in the circumstances, it considered the financial benefit Arian received should be net of certain fees Arian paid to Solo and the broker in respect of the trades.
