Final Notice
FINAL NOTICE
1.
ACTION
For the reasons given in this notice, the Authority hereby makes an order, under
section 56 of the Act, prohibiting Abdul Razzaq from performing any function in
relation to any regulated activity carried on by any authorised person, exempt
person or exempt professional firm. This order takes effect from the date
specified above.
2.
REASONS
2.1.
By its Decision Notice dated 8 December 2010, the Authority gave Mr Razzaq
notice that, in light of its findings that he lacked honesty and integrity and was
not financially sound, it had decided to impose a prohibition order on him in the
above terms.
2.2.
Mr Razzaq referred the matter to the Tribunal. In its written decision dated 20
March 2013, the Tribunal found that Mr Razzaq lacks honesty and integrity such
that it is necessary for a prohibition order in the above terms to be made, in
order to protect consumers and prevent financial crime. The Tribunal’s written
decision can be found on the Tribunal’s website at:
fsa.pdf
2.3.
Mr Razzaq applied for permission from the Court of Appeal to appeal the decision
of the Tribunal. At a hearing on 22 May 2014, the Court of Appeal found that
none of the matters raised before it by Mr Razzaq gave rise to any real prospect
of success on appeal and therefore dismissed his application. The Court of
Appeal’s judgment can be found at:
2.4.
In light of the above, the Authority has issued this Final Notice.
2.5.
The Tribunal’s written decision sets out fully the Tribunal’s reasons for
determining that the Authority should prohibit Mr Razzaq. It should therefore be
read in full. Those reasons are incorporated herein by reference.
2.6.
The Tribunal’s conclusions were as follows (at paragraph 75 of its written
decision):
“a.
On 1 May 2008 Mr Razzaq obtained approximately £10,000 from …
[Whiteaway Laidlaw Bank Limited (“WLB”)] … by deliberate fraud.
b.
Mr Razzaq has not been frank to the Authority or to the Tribunal
concerning the events of 1 May 2008; instead he has sought knowingly to
put forward untrue exculpatory versions of the facts.
c.
Mr Razzaq knowingly failed to report to the Authority that he had obtained
credit from WLB which he was unable to repay.
d.
Between 18 November 2008 and 6 January 2009 Mr Razzaq used an
account belonging to his nephew and his nephew’s wife for client money,
in clear breach of the relevant rules.
e.
Mr Razzaq had no client bank account between 30 January and 9 February
2009.
3
f.
At various dates in around November 2009 to February 2010 Mr Razzaq
acted as an insurance intermediary, knowing that he was without
permission from the Authority to do so.”
3.
DEFINITIONS
The following definitions are used in this Final Notice:
the “Act” means the Financial Services and Markets Act 2000;
the “Authority” means the body corporate previously known as the Financial
Services Authority and renamed on 1 April 2013 as the Financial Conduct
Authority; and
the “Tribunal” means the Tax and Chancery Chamber of the Upper Tribunal.
4.
IMPORTANT PROCEDURAL MATTERS
Statutory requirement for this notice
4.1.
This notice is given under, and in accordance with, section 390 of the Act.
4.2.
Sections 391(4), 391(6) and 391(7) of the Act apply to the publication of
information about the matter to which this notice relates.
4.3.
Under those provisions, the Authority must publish such information about the
matter to which this notice relates as the Authority considers appropriate. The
information may be published in such manner as the Authority considers
appropriate.
4.4.
However, the Authority may not publish such information if such publication
would, in the opinion of the Authority, be unfair to, in this case, Mr Razzaq or
prejudicial to the interests of consumers or detrimental to the stability of the UK
financial system.
4.5.
The Authority intends to publish such information about the matter to which this
notice relates as it considers appropriate.
Authority contact
4.6.
For more information concerning this matter generally, contact Matthew Hendin
(direct line: 020 7066 0236) of the Enforcement and Financial Crime Division of
the Authority.
Financial Conduct Authority, Enforcement and Financial Crime Division