Page 76 - Annual Report 2019
P. 76

73  ANNUAL REPORT 2019                                                                                                        POLICY AND ENFORCEMENT








            Enforcement actions
            First Abu Dhabi Bank P.J.S.C for              QFC court judgments                            Disciplinary action against three
            obstruction of investigation                  The Regulatory Authority was party to a number of    directors of Guardian Wealth
            In August 2019, the Regulatory Authority imposed a   proceedings in the QFC Civil and Commercial Court   Management Qatar LLC (in liquidation)
            financial penalty of QAR 200,000,000 (US$54,945,055)   in 2019, including:                   In July 2019, the Regulatory Authority took disciplinary
            on First Abu Dhabi Bank P.J.S.C (FAB) for obstruction of                                     action against three members of the Board of Guardian
            the Regulatory Authority’s investigation into suspected   •   Qatar Financial Centre Regulatory Authority v    Wealth Management Qatar LLC (GWMQ) (in liquidation),
            manipulation by FAB of the Qatari Riyal, Qatari Government   First Abu Dhabi Bank P.J.S.C - Case No CTFIC1009/2018    who were ultimately found to be responsible for the
            securities and related financial instruments. The   (17 September 2019);                     governance framework at GWMQ that led substantially
            financial penalty reflected the gravity and seriousness   •   Qatar Financial Centre Regulatory Authority v First Abu   to the contraventions for which the firm was penalised
            of FAB’s breaches of regulatory requirements caused   Dhabi Bank P.J.S.C - Case No 2 of 2019 (13 May 2019); and   in April 2018.
            by the deliberate and intentional steps taken by FAB to   •   Ms Ileana Mercedes D’Lacoste Agudelo v Horizon
            obstruct the QFC Regulatory Authority’s investigation.   Crescent Wealth LLC and Others and Ms Eniluz Jhoana   Mr John Hasberry and Mr David Howell, the two
                                                           Gonzalez Aponte v Horizon Crescent Wealth LLC and   directors of the firm, agreed a settlement with the QFC
            On 14 March 2019 and 9 June 2019, the Regulatory    Others - Case Nos 6 and 7 of 2018 (2 October 2019).  Regulatory Authority. As part of the settlement, each
            Authority issued Supervisory Notices to FAB that restricted                                  agreed to a financial penalty of US$200,000 and a
            the activities of FAB’s QFC Branch. The Regulatory Authority   In all proceedings the court judgment found   three-year prohibition.
            took these actions due to fitness and probity concerns and   in favour of the Regulatory Authority.
            FAB’s failure to comply with orders issued by the QFC Civil                                  The Regulatory Authority issued a public censure to
            and Commercial Court.                         Settlement with NEXtCARE                       Mr Vincent Jones, the chairman and independent
                                                          Lebanon SAL, QFC Branch                        director of the firm. The conduct of Mr Jones fell
                                                                                                         below the Principles of Conduct for an Approved
                                                          The Regulatory Authority agreed a settlement with   Individual, and were it not for the evidence of significant
                                                          NEXtCARE Lebanon SAL, QFC Branch (NC). The investigation   mitigating circumstances, the Regulatory Authority
                                                          found that during the period April 2017 to August 2018,   would have imposed a financial penalty of US$75,000
                                                          NC misrepresented in certain publications that it offered   and a two-year prohibition against Mr Jones.
                                                          insurance mediation services in or from the QFC when
                                                          it was not authorised to do so. As part of the settlement,
                                                          NC agreed to pay the reasonable costs and expenses
                                                          of the investigation of QAR 54,600 (US$15,000).
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